ST KITTS & NEVIS Law and Practice Contributed by: Dahlia Joseph Rowe and Daisy Joseph Andall, Joseph Rowe, Attorneys-at-Law
2.3 Effecting Lawful and Proper Transfer of Title The documents required to effect the lawful transfer of property would depend on whether the property is held by COT or deed. The transfer of property held by deed is effected by registration of a Deed of Indenture. The transfer of property held by COT is effected by registration of a memorandum of transfer (MOT). In addition to presenting the executed and stamped MOT for registration, the transfer - or is required to submit his or her original COT, which is cancelled upon the registration of the transfer and a new COT is issued to the new owner. In each case, the transfer document is to be sub - mitted to the Inland Revenue Department (IRD) for assessment of the taxes due. When the taxes are paid, the IRD stamps the transfer document confirming the payment of the relevant taxes. Once the document is stamped by the IRD, it is presented to the Registry of Titles or the Registry of Deeds (as may be applicable) for the registra - tion of the transfer and issue of a new COT (if applicable). Title insurance is not required by law and is not common. The instances in which title insurance is taken on property usually involve a large devel - opment project, often by an overseas investor or involving an overseas financier. The Registry of Lands has functioned during the coronavirus pandemic (ie, the COVID-19 pan - demic, to be specific in terms of particular coro - navirus strain) save for the brief periods when there was a complete lockdown of government offices. During this period, some accommoda - tion has been extended to parties who are una -
cases where a person dies intestate (without a will) and, by law, the surviving spouse is entitled to a life interest in the deceased’s property with the remainder to the children in “fee simple” when the surviving spouse passes away. • Self-vesting deed, which is a self-declaration of one’s ownership in property by virtue of long possession. This type of property right can be easily challenged. Consequently, persons with a vesting deed often convert the deed to a COT once they have held the vest - ing deed for the requisite number of years. • Ownership by adverse possession after 12 years of open, undisturbed possession. • Ownership by long possession after undis - turbed possession of property for over 30 years. • Leasehold interests over three years must be registered. • Licences. • Easements. 2.2 Laws Applicable to Transfer of Title As referenced in 1.1 Main Sources of Law , the laws applicable to the transfer of real property by citizens are as follows: • the Title by Registration Act; and • the Conveyancing and Law of Property Act. The laws applicable to non-citizens are as fol - lows: • the Alien Land Holding Regulation Act; and • the Citizenship by Investment Act. The Stamps Act sets out the stamp duty or taxes payable on transactions (see 2.10 Taxes Appli- cable to a Transaction ).
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