Purchase of Real Estate under Belize's Legal System
Belize is part of the British Commonwealth and has a legal system
that is based on British Common Law. Property purchasers can take title to
freehold property in Belize in one of three different ways:
(i) Deed of Conveyance:
The oldest form of title ownership is by a Deed of Conveyance.
Ownership by way of conveyance is a registered right to ownership of property.
Ownership by conveyance can be converted to a Certificate of Title via an
application for first registration. Any subsequent buyer is issued a Transfer
Certificate of Title. It should be noted, however, that a Deed of Conveyance is
a valid legal title once an attorney has confirmed that the seller has good
title to the property.
(ii) A Transfer of Certificate:
A Transfer Certificate of Title is a physical title to a particular
parcel of land. This form of ownership is secure. It is more costly and time
consuming to transfer title on a Transfer Certificate of Title than on a Deed
of Conveyance.
(iii) A Land Certificate:
A Land Certificate is an absolute
title and applies to property purchases in new or specially designated areas.
The Government is in the process of re-registering all freehold lands under the
Registered Land Act of 1987 to achieve an eventual uniform system of nationwide
land ownership. However this will take time, as some areas have to be re
surveyed.
When purchasing property in
Belize, title insurance is not necessary and closing costs are very minimal as
there is no capital gains tax. The Government assesses a 5% stamp tax on the
declared purchase price of the property at the time of transfer of title and
there is an additional tax of 10% for non-residents and for persons who have
resided in Belize for less than 3 years.