Making the best use of Bermuda's land
Government is to overhaul the registration of land rights through Land Title Registration.
Ministers want to modernise Bermuda’s registration of deeds and documents in order to speed up property transactions and make ownership records more accurate. They claim it will make buying and selling houses easier and reduce fraud.
The new system will harness information technology to change the way in which deeds and documents are stored.
Ministers say it will lead to a more efficient use of the Island’s limited land resources and assist in the renovation of derelict properties.
Under proposed legislation, there will be a statutory requirement to present documents at the Land Title Registration Office following property completion dates — ending private custody arrangements and the lodging of paperwork at the Registry General office.
Government says the new electronic system will end costly investigations of title and provide up-to-date records of land rights.
However, it could take 15 years to implement. The Public Consultation Document states: “Initial projections indicate that it will take approximately 10-15 years to arrive at a point whereby as a result of Land Title Registration a comprehensive register exists for the Island.”
According to the Government, Land Title Registration will result in improved security of tenure, increased market value and less boundary and ownership disputes.
At a press conference yesterday, Minister of Works and Engineering Dennis Lister said: “Given the finite nature of this resource (land) here in Bermuda it is the responsibility of Government to ensure that it is managed, traded and utilised in an efficient and effective manner in order for it to be of benefit to both current and future generations.
“For citizens it will provide security of tenure through the creation of a guaranteed register of legal rights and interests in land. It will improve the efficiency of property transactions, and ultimately reduce the likelihood of property disputes.
“For society as a whole it will help promote the peaceful, orderly and wise utilisation of the national land resource. For Government it will provide the basis for improved planning and land management.”
Mr. Lister added: “This is a significant Government initiative that is likely to affect anyone with an interest in land. I encourage all stakeholders to study our proposals and provide us with your views.”
He said Land Title Registration would also help to identify absent owners of derelict properties, some of which are being used as drugs dens.
Last month The Royal Gazette unveiled a Government scheme to renovate dilapidated houses and turn them into affordable housing. Ministers have identified more than 100 such properties but cannot track down the owners.
Mr. Lister said: “As the registration programme moves forward, Land Title Registration will assist with the identification of owners of derelict property with a view to bringing these back into beneficial use for the community.”
He added: “For once and for all, there will be clear ownership — of who each property belongs to. It will remove any grey area.
“The whole process will be made a lot easier. Under the current system, when you’re looking for a property you are looking for ownership. Under this system it’s a parcel of land. All history related to that will be listed.”
The Land Title Registration legislation is being drawn up under advice from lawyers, surveyors and land registration professionals.
The electronic information system is to be named NORWOOD, after Richard Norwood who surveyed Bermuda in 1616. Its basis is the ‘landfolio (R)’ system developed by US real estate company Stewart International, and which is already in use in Antigua.
The Bermuda Land Title Register will consist of four parts: a property description; details of registered owners; incumbrances (including mortgages); and an Index Map showing location and extent of the parcel of land.
Individuals will be allocated a unique reference number to be held in electronic, as opposed to paper, format.
The Government will next week hold consultation meetings with members of the public. Three meetings will take place, from 6.30 p.m. to 8 p.m., at Cathedral Hall on Monday, Town Hall, St. George’s on Wednesday, and St. James, Sandys, on Thursday.
Those interested can view the Public Consultation Document on Land Title Registration by logging onto: www.gov.bm. Select Works and Engineering, followed by Land Title Registry Office.
Copies are also available from: Land Title Registry Office, Victoria Hall, 11 Victoria Street, Hamilton.
The closing date for responses is June 15. Email your comments to: landtitleregistryoffice@gov.bm or write to: Public Consultation Land Title Registry Office, Ministry of Works and Engineering, PO Box HM5287, Hamilton, HM CX.
