By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

The Attorney General yesterday voiced optimism that adjudications as part of the Davis administration’s land reforms will begin in the 2026 first quarter.

Ryan Pinder KC, leading-off Senate debate on the Land Adjudication Bill and Registered Land Bill, said that while the reform is a “big project” the Government is confident it can be implemented and plans to begin the process early next year.

He described The Bahamas’ present land law and administration as “precarious, confused and far less than desirable”, making change necessary. The new registered land system, complete with land registry, will run alongside the existing paper-based title deeds system for the “foreseeable future” while the accuracy of the land register will be guaranteed by the Government.

“Under a system of registered land, all parcels are clearly identified and all the information relating to it is included in the land register. The accuracy of the register is guaranteed by the Government. There will be no need for the tracing of title through the back title deeds to satisfy oneself that the title to the land is ‘good and marketable’. Instead, in essence, land buyers will rely on the Government and not on an attorney to ascertain all rights and interests in land,” said Mr Pinder.

“The system of land registration will, for the foreseeable future until the title to all land is eventually registered, run concurrently with the existing system of recorded titles, and I expect a smooth transition from recorded to registered land eventually.”

During his contribution, Mr Pinder said the Land Use Policy and Administration Project Completion Report 2010, sponsored by the Inter-American Development Bank (IDB), revealed that 15 percent of land parcels in the country are under dispute. That amount could be higher as many disputes do not arise until a party moves to clear the land for development or sale.

The Attorney General said the Registered Land Bill ensures a formal record of ownership, possession and other rights in land, while the Registered Land Bill establishes the formal legal process of determining boundaries and establishing the ownership of land and related rights binding on the parties for the purpose of registration of the title.

“Land adjudication is a way of resolving land disputes and establishing clear titles for recording in the Land Register to be guaranteed by the Government. Together, the Bills will establish a secure and publicly accessible record of land ownership and will facilitate transparent, reliable and accessible land administration across the length and breadth of The Bahamas,” said Mr Pinder.

He added that the land registration system will be compulsory to accelerate the registration of land, and the Government intends to avoid a voluntary system. Referencing Jamaica’s experience with a voluntary system, Mr Pinder said both Jamaica and the Cayman Islands’ implementation of a land registry system were studied and the voluntary system was found to be “inefficient and under-utilised”.

“We heard discussion in that other place about implementation and some experiences of other countries. We have visited both Cayman Islands and Jamaica to meet and learn on their experiences. For example, Jamaica operates a dual system of land tenure, comprising both registered and unregistered land. In practice, the voluntary system has proven to be inefficient and under-utilised,” said Mr Pinder.

“The associated expenses discouraged many landowners from participating, and the process was further hampered by a limited pool of qualified referees, leading to delays. Moreover, the ad hoc selection of parcels for registration contributed to a lack of systematic progress in regularising land tenure across the country.

“We will have a compulsory system to accelerate the registration of parcels of land in The Bahamas. We intend on avoiding a voluntary system.” Mr Pinder said land adjudications will begin in areas where there are fewer land disputes and will hold “more intense” adjudication panels for more difficult areas.

“Systematic adjudication allows us to commence land registration in areas of the country where there may be fewer land disputes because much of the surveying required has been done and lots identified, for example, Freeport or one of the many subdivisions in New Providence that are clearly laid out and whose title has been repeatedly approved,” said Mr Pinder.

“We would want to populate the registry with these properties quickly. We will also have to have more intense adjudication panels focused on the more difficult areas to ensure that differing claims are resolved and title is secured on the register.”

Mr Pinder added that a request for proposal (RFP) to provide a digital land registration platform will soon be released, and a digital platform to search registered land will be launched.

“We also believe, and the Jamaican experience reinforces this belief, moving to registered land should be done in an online digital environment. We will be releasing shortly an RFP for the provision of a digital land registration platform. We would implement a comprehensive digital platform to facilitate the registration of land, allow for proper searches of registered land, and be able to properly manage the transfer of land on the register,” said Mr Pinder.