ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster LP
1. General 1.1 Main Sources of Law
with offshore trusts serving as a robust solu - tion for estate planning and tax optimisation. The jurisdiction’s adherence to the English Common Law System, confidentiality provi - sions, and tax benefits make it an attractive choice for investors. 1.3 Proposals for Reform There are currently no proposals for reform that would significantly impact real estate investment or development. In relation to ownership, there is a proposal to digitalise the Land Registry, which would allow persons to conduct online searches to confirm ownership of land. 2. Sale and Purchase 2.1 Categories of Property Rights Property rights are divided into four categories: • absolute title; • concurrent (or co-ownership), whether as joint tenants or tenants in common; • leasehold interest; and • a lender is able to register a charge to secure the payment of money or its value or to secure the fulfilment of a condition – this does not give a proprietary right over the property. 2.2 Laws Applicable to Transfer of Title The applicable legislation is the Registered Land Act RSA c R30, which applies to all types of real estate. 2.3 Effecting Lawful and Proper Transfer of Title A lawful transfer is effected on execution of an instrument (Form RL 1 – Transfer of Land) by the proprietor/transferor to a transferee, on payment
The main sources of real estate law in Anguilla are the Registered Land Act and the Stamp Duty Act. 1.2 Main Market Trends and Deals Since 2017, the government of Anguilla has implemented reductions in stamp duties on real estate sales to stimulate the market. This initia - tive was extended in December 2024, resulting in increased property transactions among local and foreign investors. Over the past 12 months, several significant developments have influ - enced the real estate landscape. • Tourism and infrastructure enhancements – the government’s commitment to preserv - ing Anguilla’s exclusivity and natural beauty, along with strategic investments in infra - structure, has bolstered the tourism sector. Notable improvements include a modern ferry terminal and ongoing airport expansion plans, enhancing accessibility and investor confidence. Additionally, American Airlines introduced daily flights from Miami since December 2021, leading to a surge in tourist arrivals and increased demand for real estate, particularly in the villa rental market. • Residency by Investment Programmes – Anguilla’s recently launched Residency by Investment Programmes have attracted high- net-worth individuals seeking tax-efficient residency or permanent residency in a tropi - cal setting. These initiatives offer pathways to permanent residency and British nationality, further enhancing Anguilla’s appeal to global investors. • Asset protection opportunities – Anguilla is recognised as a promising destination for wealth management and asset protection,
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