Title Services
As corporate paralegals in Belize, we can help ensure that your real estate transactions go smoothly by conducting a comprehensive title search on the property of interest. A title search is a vital step in any real estate transaction that involves the transfer of ownership of a piece of land.
The purpose of a title search is to verify that the seller has the legal right to sell the property and to identify any existing liens, encumbrances, or other issues that could impact the transfer of ownership. These issues could include: outstanding debts, unresolved legal disputes, or any other factors that could affect the clear title of the property.
By conducting a thorough title search, we can identify any potential issues with the property and help you make informed decisions about your real estate transaction. We will search through public records to identify any covenants, restrictions, inhibitions, or conditions on the title that could affect the transfer of ownership.
Our experienced team can guide you through the title search process, explaining any terminology and answering any questions you may have. We understand the importance of conveying clear title to the buyer and will work tirelessly to ensure that your real estate transaction proceeds smoothly and efficiently.
At our firm, we take pride in providing exceptional corporate services to our clients. Contact us today to learn more about our title search services and how we can help you with your real estate transaction.
Our services include:
- Title Search
- Title Opinion
- Property Title Recovery
- First Registration
- Cautions
- Withdrawal of Cautions
- Rectification of the Register
- Discharge of Charge
- Express Title Services
- Title Transfers
Title Opinion
At Belusa Consulting Ltd., we understand the importance of obtaining a comprehensive title opinion when it comes to any real estate transaction. A title opinion is a legal document that outlines the findings of the title search, including any cautions, inhibitions, or restrictions, and provides a summary on the status of the property.
Our team of experienced professionals will work diligently to conduct a thorough title search and examination process. This involves reviewing all public records related to the property, including any judgment searches from the Supreme Court. By doing so, we can identify any potential issues that may affect the transfer of ownership and convey clear title to the buyer.
Once we have completed the title search process, we will provide you with a comprehensive title opinion that outlines our findings and opinion. This document will assist you in making an informed decision about whether to continue with the transaction and will provide you with peace of mind knowing that your interests are protected.
Discharge of Charge
The discharge of a registered charge of a land interest is handled through the Land Registry system. The Land Registry is responsible for maintaining records of all registered land in Belize and the transactions that take place on that land, including charges and discharges.
To discharge a registered charge, the registered owner of the charge (the chargee) must execute a discharge form, which is a legal document that formally releases the charge on land held by the bank or financial institution holding the mortgage. The discharge form must be signed in the presence of a notary public or a justice of the peace, and then lodged with the Land Registry.
Once the Land Registry receives the discharge form, they will verify the authenticity of the document and ensure that all necessary requirements have been met. If everything is in order, the Land Registry will update the register to reflect the discharge of the charge and release the original Certificate of Title.
Applicable GOB fees for a discharge are $15 for Land Certificate fee, $15 filing, and $6 for every $1000 of the mortgage or charge amount.
Caution
A Caution is a legal notice that is filed with the Land Registry to protect an individual’s interest in land. A caution can be used to prevent the registration of a particular type of transaction or to prevent any registration on the land altogether.
To file a Caution in Belize, the interested party must complete a prescribed form and submit it to the Land Registry along with the appropriate fee. The form must include details about the land and the nature of the interest being protected.
Once the caution is filed, it will be recorded in the register and will serve as notice to anyone attempting to register a transaction on the land. If the owner of the land disputes the caution, they can apply to have it removed by applying to the Land Registry. The application must state the grounds for the removal of the caution and be accompanied by any supporting documentation.
If the Land Registry determines that the grounds for the caution are not valid, they may remove it from the register. However, if the caution remains in effect, it will prevent any transactions from being registered on the land until the caution is withdrawn or expires.
Withdrawal of Caution
The withdrawal of a caution on a land interest is a relatively straightforward process that can be initiated by the party who filed the caution or by the registered owner of the land.
The first step in the process includes submitting a withdrawal form: The party who filed the caution must submit a withdrawal form to the Land Registry. The form should include the details of the caution, such as the reference number and the date of filing.
Secondly, pay any necessary fees: There may be fees associated with the withdrawal of the caution, such as administrative fees or search fees. The party withdrawing the caution will be responsible for paying any applicable fees.
Thirdly, wait for confirmation: Once the Land Registry receives the withdrawal form and any necessary fees, they will process the request and update the register to reflect the withdrawal of the caution. The party who filed the caution will receive a confirmation letter indicating that the caution has been withdrawn.
It is important to note that if the registered owner of the land wishes to withdraw the caution, they must provide written consent to the Land Registry. In some cases, the Land Registry may also require additional documentation or information before processing the request.
Rectification of the Register
The process for rectification of the register involves correcting errors or inaccuracies in the Land Registry records. This process is typically initiated by the registered owner of the land, although other parties with an interest in the land may also request rectification.
The first step in the rectification process is to identify the error or inaccuracy in the Land Registry records. This may involve reviewing the title documents, conducting a survey of the land, or obtaining other relevant information.
Following this, the registered owner of the land, or their representative, must prepare an application for rectification of the register. The application should include details of the error or inaccuracy, as well as any supporting documentation.
The application for rectification of the register should be submitted to the Registrar of Lands, along with any necessary fees. The Registrar reviews the application and may request additional information or documentation.
Once the Registrar has received the application, a notice is issued to any party with an interest in the land, such as mortgages or other registered owners. The notice will provide details of the application and give interested parties an opportunity to object to the rectification.
After considering any objections or other relevant information, the Registrar decides on the application. If the application is approved, the Land Registry records will be updated to reflect the rectification. If the application is denied, the registered owner may appeal the decision to the Supreme Court.
Express Title Services
Express title services are designed to expedite the process of obtaining a land title once the application has been reviewed by the valuation department or notices published as required by legislation depending on the type of title process. These services are provided by the Belize Land Registry, and they are intended to reduce the amount of time and effort required to register a land interest.
Express title services typically involve a dedicated team of Land Registry staff who are responsible for processing applications and conducting searches. The first step in using express title services is to apply for registration of a land interest. The application should include all necessary documentation, such as proof of ownership, and any applicable fees.
Once the application is received, the Land Registry staff will conduct a preliminary review to ensure that all necessary documentation is included. If any documentation is missing or incomplete, the applicant will be notified and given an opportunity to provide the necessary information.
If the application is complete and meets all requirements, the Land Registry staff will expedite the processing of the application. This may involve prioritizing the application over other pending applications, assigning additional staff to the application, or otherwise expediting the process.
As part of the express title services, the Land Registry staff will conduct searches and verify the information provided in the application. This may include checking for any outstanding charges or encumbrances on the land, verifying the accuracy of the survey plans, and confirming the identity of the applicant.
Once the application has been processed and verified, the Land Registry staff will issue the land title to the applicant. This title will serve as official proof of ownership of the land interest.
It is important to note that express title services may be subject to additional fees, which can vary depending on the nature and complexity of the application. Additionally, while express title services can speed up obtaining land title, it is still important to ensure that all necessary documentation and information is provided to the Land Registry to avoid delays or complications.
Title Transfers
The Land Registry is responsible for guaranteeing the Certificate of Title for registered estates and interests in land. It maintains a record of ownership rights for simple freehold and leasehold properties, which fall under the jurisdiction of The Registered Land Act (RLA) for Declared land in Belize. In addition, The Strata Titles Registration Act provides for the registration of Freehold Strata Titles for units resulting from horizontal, vertical, or subdivisions of buildings on a common property.
For land located in areas that are not yet declared under the Registered Land Act, ownership is mainly established through conveyance as properties are transferred from seller to buyer. However, there are still several old titles,
including Transfer Certificate of Title (TCT), First Certificate of Title (FCT), Indentures, and Minister’s Fiat Grantor Lease, which can be converted to a Certificate of Title through an application for First Registration if the property is located on declared land, or otherwise transferred through a Deed of Conveyance.
As more areas of undeclared land become registered, all properties will eventually become consolidated and unified under the Registered Land Act. At our firm in Belize, we can assist you with the registration of your property and ensure that it follows the appropriate regulations. Contact us today to learn more about our services related to land registry and property ownership in Belize
