How are Belize properties titled?
There are many ways to take title, the usual (and in order of assurance) are:
- The registered land title
- Transfer certificate of title
- First certificate of title
- Deed of conveyance
What is a condominium/strata title?
This is a subset of the registered land title system. It applies only to self contained units usually of at least 2 units or more. The developer applies for this type before selling and the owner’s association is created known as a “strata corporation”. These also attract “common area” rights.
How do I ensure the property that I want to buy has a clear title?
A root of title search is always recommended. This is to vet the lands register for charges, reservations, encumbrances and liens. Your closing attorney will conduct this search as part of the Due Diligence prior to Closing.
Can the North American Government investigate my investment activities in Belize?
Belize is an offshore nation that does not have a tax treaty with the USA or Canada. Belize has modern offshore banking legislation, including a tough anti-money laundering act which is designed to repel illicit monies and persons from using our offshore protectionism.
However, if there is evidence that a person or entity is involved in criminal activities and or money laundering, the Belizean Government will co-operate with these countries.
Can I get Title Insurance?
Yes, but due to Belize real estate law, and the use of a Belize attorney for Closing (performing Due Diligence), it is not necessary. Stewart Title out of Texas and First American Title has issued policies. Belize is the only country that we know of, where an A+ American title company has felt comfortable enough with the security of a Central American nation to guarantee title.
What are typical closing costs?
5% of stamp tax on the assessed value above US$10,000.00. On November 1st 2017, a new Stamp Duty Amendment was made on transfer of land. Foreign Buyers, outside of CARICOM will now have to pay an 8% rate for stamp duties (on purchase price less $20,000 BZD) due upon issuance of title.
Legal fees/Closing Costs typically 1-1.5% of the purchase price.
It is customary that the purchaser pays for all closing costs under Belize transactions.
Do I have to retain an attorney to purchase property?
It is recommended that the buyer ensures that a reputable broker is transacting the sale. The broker will normally use a Belize attorney for the Due Diligence and Closing.
Are most properties sold in US Dollars?
It is customary that the properties are listed and marketed in US$.
Is local financing available?
Yes, however it can be quite a lengthy process and Belizean banks require 40% down, with interest rates ranging between 7-12% with fixed terms usually between 5-20 years. Some sellers or developers also offer partial financing especially with raw land lots. The most common way for Americans to purchase property in Belize is to either pull money in the form of an equity loan against another property they own, use a Self Directed IRA, or simply pay in full (cash purchase)
What are the procedures for seller financing and how am I protected?
In some instances, the seller financing your purchase would be a North American Developer or landowner.
An Agreement for Sale or Memorandum of sale is a valid and binding contract under Belize law that vests the purchaser with an equitable interest in the property concerned.
This agreement should be registered or recorded at the Land Registry. This constitutes notice of the purchaser’s interest as “Equitable Estate”.
The “Legal Estate” does not pass to the purchaser at this point but the registered Agreement or Memorandum acts as a lien and security for such title being eventually transferred.
The titleholder can no longer enter into any other contract on the property or mortgage the property.
Legal Estate will be passed at such time when the purchaser satisfies all conditions of the agreement which is when full payment has been made to the seller.
When an Agreement or Memorandum is associated with property falling under the New Registration Act, an additional document called a “Caution” is lodged in the property’s register to act as a similar lien in the Registered Lands Department.
The Agreement or Memorandum must state that 8% stamp duty is payable on the sale, otherwise it may not be valid or enforceable.
What is the process for purchasing a property in Belize?
Research and use a reputable broker.
Once confirmed with a broker and a property is chosen, the agent will draw up a contract to purchase which must be secured with a deposit.
A typical closing normally takes place between 30 to 60 days.
Are there escrow companies in Belize?
No, there are no independent escrow services available in Belize. Typically a bank, an attorney or your real estate broker will offer monetary and documentary escrow services for real estate transactions. The costs vary between free and up to 1% of the value.
Should I involve my US attorney in purchasing property in Belize?
No.
USA property law is significantly different from British property law.
Can I open a bank account if I am not a resident?
Yes, it is relatively simple to open a Belize dollar account with any of our local banks. You will need:
- Your US bank reference letter.
- Copy of passport of each individual or director of a company.
- Confirmation of address, or the address of your company registered office.
- You can also open a US$ account through one of our Belizean offshore banks.
Do I have to be in Belize to buy or sell property?
No, you don’t need to be in Belize. However, it is advisable to view your property.
The golden rule, when buying or selling land, use a reputable broker who will act as your agent, and use a Belize real estate attorney to perform Due Diligence and Closing.
What are the property taxes in Belize?
Property taxes are very affordable. Rates vary based on a classified system with the main variables being consideration of urban or city.
What about property insurance?
Comprehensive all perils (including Hurricane) insurance is available here on buildings and structures through local insurance companies who are re-insured through US and European carriers. Rates run from 1.5% for concrete structures to 2.5% for wooden structures. Deductibles are normally 5% of the sum insured on storms and less for fire.
Are squatters a concern in Belize?
No, Belize has tough anti-squatting laws unlike other Central American countries.
One can only claim title to a land or easement upon proof to the Supreme Court of Belize that one has had continuous and undisturbed possession for 30 years on National and Conveyed lands and 12 years on Registered lands.