BAHAMAS Trends and Developments Contributed by: Michaela Sumner-Budhi, Nia Rolle-Campbell and Eryn Wilmott, GrahamThompson
An adjudicator (a Bahamian counsel and attorney of at least seven years’ standing with relevant experience) is appointed, along with local assessors. The area is divided into sections and claimants are required to submit claims within specified timeframes and to identify boundaries. Once adjudication begins, civil proceedings relating to interests in land in the section generally cannot be commenced without the adjudicator’s written con - sent, and existing proceedings may be stayed. Key roles include the demarcator (boundaries and rights of way), surveyor (demarcation index map), and records officer (investigates claims and prepares the adjudication record). The Act distinguishes absolute title (good documen - tary title or sufficient open and peaceful possession) from provisional title (where absolute title is not estab - lished). Relevant possession periods are 12 years (private land), 30 years (Crown land), and 60 years (foreshore). After inspection and objections are dealt with, the adjudicator certifies the record as final and delivers it to the Registrar of Lands to support first registration under the Registered Land Act. Appeals to the Supreme Court are limited to errors of law or The Registered Land Act 2025 supports the second stage of the framework. It provides for the registra - tion of titles to land and dealings in registered land and applies to parcels adjudicated under the Land Adjudication Act. The Act establishes the Land Registry, which is responsible for maintaining the new land registration system. The Registry is to keep the following items. • The Land Register. • Registry Map. • All mutation forms (alterations to maps). • All parcel files (documents supporting entries in the Land Registry, including instruments and plans). • An alphabetically organised index of names of all proprietors of land, leases and charges show - procedural non-compliance. The Registered Land Act , 2025
ing the numbers of the parcels in which they are interested. • A register and a file of powers of attorney. The Land Register is the central record. It will contain a register for every parcel adjudicated under the Land Adjudication Act and for every lease required to be registered. Each register will state whether the land is private land or Crown land and, where the land is private land, whether title is absolute or provisional. Each register has three sections. • Property – identifies the land or lease and refers to the Registry Map and filed plans. • Proprietorship – records of the proprietor and any inhibition, caution or restriction. • Encumbrances – records encumbrances and adverse rights. First registration occurs once the adjudication record is final and delivered to the Registrar, who prepares and signs the register for each parcel and registrable lease. Registration with absolute title vests ownership in the registered proprietor, subject to registered inter - ests and overriding interests. Provisional title remains subject to the recorded qualification but may later be upgraded. Overriding interests can bind registered land even if not noted on the register (for example, certain ease - ments, short leases, statutory rights, limitation or pre - scription rights, and rights of persons in actual occu - pation or receiving rents and profits). The Act regulates dealings in registered land, so the register is continuously updated, reducing reliance on repeated historical title investigations once land is on the register. The Act also provides protections such as inhibitions, cautions and restrictions. A caution may be lodged by certain claimants and generally prevents inconsistent dealings without consent or a court order. Finally, the Act includes rectification and indemnity provisions for specified errors, omissions, fraud or mistakes, subject to statutory limits and protections.
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