By ANNELIA NIXON

Tribune Business Reporter

anixon@tribunemedia.net

A Bahamian realtor yesterday asserted that the Government’s land reforms “will be remembered as one of the most important legal and economic milestones in Bahamian history” if implemented correctly.

Kyle Barnett, a real estate agent with Condo Vikings and Jolie Luxury Homes, added that the changes envisioned by the Land Registry Bill and Land Adjudication Bill were long overdue and “a step in the right direction”. He voiced hope that implementation of a registered land system will continue regardless of which administration is in office.

“But again,” Mr Barnett added, “the Government must ensure systems are in place. Even if their party loses the next election the work must continue. If done right, this reform will be remembered as one of the most important legal and economic milestones in Bahamian history. But success depends on more than just passing law.”

Christopher Adderley, an agent with Maison Bahamas Real Estate, said of the Government’s plans for a phased approached with “pilot” testing: “This will allow systems to be built around the most challenging landscapes in the archipelago”.

He added that “bringing these issues to the forefront with the passage of the Land Adjudication and Registered Land bills transforms industry concerns from internal debate into national awareness en route to solutions”. Mr Barnett agreed that “the phased approach and pilot adjudication are not only sensible - they’re essential”.

Mr Adderley agreed that taking on land reform will be an “immensely challenging task”. He added: “Any government willing to tackle the issue of land reform should expect that it will be an immensely challenging task and work accordingly.

“At this stage in our development as a country, steps in the right direction are key to building solutions that will spawn professional development, empowerment and deliver dividends to the real estate industry and public at large.

“I think it goes without saying that there is much work to be done. Systems should be built to adapt and manage processes progressively better over time. In either case, moving forward to address the problem is the first step in a long journey. Done is better than perfect.”

Mr Barnett added: “While Mr [Adrian] White could possibly be right, I still see it as a step in a positive direction and, if you’re running a marathon, you won’t finish it by sitting on the couch. The Government must continue to put these innovative systems in place and with the proper infrastructure, financing, accountability and actions, one day we will look back and ask who’s smart idea was this.

“My advice is to do it in phases and set timelines. If they need help I can extend my services.” Mr White, the St Anne’s MP and a real estate conveyancing attorney by profession, told Tribune Business that while he supported the two Bills debated in the House of Assembly it will “take decades” to adjudicate title ownership for every land parcel in The Bahamas and accurately record this in the Land Registry.

As a result, he argued that Bahamian companies and citizens will have to contend with “duplicate land systems working in tandem” for many years until the transition to a system of registered land is completed.

This, Mr White added, will require attorneys to continue with paper-based title searches under the present deeds-based system for the foreseeable future while, at the same time, the Land Adjudication Tribunals set up under the new regime are also determining who owns real estate parcels in a specific area. As a result, costs and the amount of work performed by attorneys will increase rather than reduce.

And the St Anne’s MP also told this newspaper that, during the transition to registered land, businesses and homeowners may have to “prove their ownership twice”. Despite possessing a certificate of title, pronounced as clear and marketable by an attorney, and a bank having lent mortgage financing secured on the same property, he said this will now have to be confirmed again by a Tribunal.

Both Prime Minister Philip Davis KC and Chester Cooper, deputy prime minister and minister of tourism, investments and aviation, yesterday acknowledged that the Land Adjudication Bill and Registered Land Bill will not reform what they described as a broken system “overnight”.

But they argued that “the fog of land uncertainty will be lifted” through initiating a regime that will uphold property owners rights; give developers, businesses and homeowners assurance that they have good title and secure ownership; eliminate frivolous rival property claims; and help end multiple ownership disputes that the Inter-American Development Bank (IDB) estimates affect 50 percent of private land.

The Land Adjudication Bill, if passed into law by Parliament in its current form, provides an adjudicator - who must be an attorney with at least seven years’ conveyancing experience - and two other persons with the authority to form an adjudication tribunal. This tribunal will then assess and determine claims to land ownership in a particular area designated by the responsible minister.

Once these claims are adjudicated, they will be entered into a Land Registry whose creation is backed by statute law as opposed to the present system of lodging and recording conveyancing deeds in the registry of records at the Registrar General’s Department.

The two Bills tabled by the Davis administration will thus work hand-in-hand, complementing each other to bring Bahamian land administration into the 21st century. Mr Davis, in leading-off debate on the two Bills, reiterated his belief that the present land law system has contributed to The Bahamas’ economic “stagnation” through unresolved title uncertainties that impede wealth creation and development.