After years of promises and millions of taxpayer dollars spent to run an office that has yet to open, Bermuda’s Ombudsman, Victoria Pearman said she was “pleased” to hear that the Land Title Registry is scheduled to open to the public next month.
This after Public Works Minister Lieutenant-Colonel David Burch told MPs on Friday, that the office, will finally be open to the public on July 2, 2018.
When contacted by Bermuda Real for her reaction, Ms Pearman said: “In the Ombudsman’s past three Annual Reports I highlighted my continued concerns over the slow progress of fully opening the Land Title Registry.
“In my Annual Report 2017 which will be tabled in the House of Assembly this month, I wrote I am encouraged by the Government’s renewed call to progress this long outstanding matter.
“In previous reports I have highlighted taxpayers have paid over one million dollars annually for years to fund this office, which was not open to them. It is long overdue they enjoy the benefit of registering their properties with a title- based registry which will significantly improve the law of property in Bermuda,” she added.
The new land ownership register will crack down on land grabbers who cheat vulnerable owners out of their property.
Colonel Burch said the opening will mark the end of a “sorry and deplorable” history of real estate agents and lawyers swindling clients.
“This system will provide for the guarantee of legal ownership of land and the simplification of conveyancing transactions,” he said.
The register will become “the definitive record of title” and any further transactions will be carried out quickly and at a low cost.
“Further, once a title is registered, title to that land is guaranteed, and cannot be lost or stolen.”
He also noted that many Bermudians were cheated by “unscrupulous professionals, and even at times by family members” over the years.
Minister of Public Works Lieutenant-Colonel David BurchLand owners who opt to register their deeds will obtain absolute title.
Property owners will be able to secure the “the land that they worked so hard to obtain, their piece of the rock that they want their children and grandchildren to inherit and maintain after they are gone, their legacy, will for ever be safe”.
“It is unconscionable to this Government that landowners would have to pay lawyers’ fees for this service, so we will amend the Act to remove the requirement for a lawyer to examine the deeds,” said Colonel Burch.
Instead, staff at Government’s Land Title Registration Office will carry out searches and grant registered titles.
The change will complete the move from a deeds-based registration system that dated back to 1999.
You will recall that under-handed practices in Bermuda’s real estate market sparked a heated debate in the Lower House in 2014, when the Progressive Labour Party was in Opposition.
A Commission of Inquiry was approved by Parliament, but it was never authorised by the Governor.
- Full Ministerial Statement by Public Works Minister Lieutenant-Colonel David Burch
It is with considerable pride that I advise this Honorable House that the long-awaited implementation date of the Land Title Registration Act 2011 will be July 2, 2018.
You will no doubt be aware of the long and sad history that surrounds the exchange of certain lands in this country. Many of our senior citizens have experienced the injustice of their family land being taken by what some might describe as unscrupulous professionals, and even at times by family members.
I don’t need to remind you that in December 2012 there was a General Election, which led to a change of Government. 
Clearly that did not happen but presently under the legislation voluntary registration by members of the public is permitted, providing the deeds have been first checked by an attorney who will certify there is a good route of title. The attorney will also carry out additional searches to ensure that there are no judgments, private mortgage, or court orders concerning a divorce attached to the title before it is presented to the land registry.
Over the year’s significant stakeholder consultation has taken place, including the Bar Association, surveyors, the Bank Association, realtors, and the general public. In particular, the Land Title Registry has developed an excellent working relationship with the local banks and anticipates that upon implementation of the Act, the banks will be a major source of data and revenue for the registration of private land. The staff of the Land Title Registration Office will, between now and July 2nd, once again reach out to the professions and the public with information and training to facilitate the smooth transition from Deeds based conveyancing to electronic title registration.
As you will appreciate the Land Title Officer’s position is a very specialized field that understandably suffers from a lack of qualified Bermudians. Over the years staffing generally has been a real challenge with various Bermudians electing to secure employment elsewhere. To meet the July 2nd operational deadline – we have sought qualified and trained staff globally recently recruiting 4 Land Title Officers one from the UK who started in April on a six month secondment and three from Jamaica, arriving tomorrow (Saturday, June 16, 2018), on a one year contract.
From July 2, 2018 Bermudians will finally be able to register their land on the Land Title Register, and when they do so, their real estate will be secure. The land that they worked so hard to obtain, their ‘piece of the rock’ that they want their children and grandchildren to inherit and maintain after they are gone, their legacy, will forever be safe.
