Frequently Asked Questions

Registry Section

1. How much does it cost to do a search of a Register page at the Land Registry?
Anyone can conduct a simple search of a Land Register for XCD$10.00. Official searches which are usually carried out by intended Chargee who wishes to verify the contents of a Register by receiving a Certificate of Official Search are XCD$120.00 (without a stay of registration) and XCD$200.00 with a stay.

2. Do I have to pay Stamp Duty, to Transfer property to my son/daughter, wife/husband, brother/sister, aunt/uncle etc and how much?
Yes. Stamp duties for these special relationships are assessed at 1% the value of the property.

3. What is the purpose of a Caution? or Why do persons register Cautions on properties?
The purpose of a Caution is for someone who has an unregistrable interest to prevent any dealings with the property. This gives the Cautioner time to seek to have the issue of legal ownership resolved through the Court or agreement. For example, someone may have entered into a Purchase and Sale Agreement and may wish to protect their interest until the property is capable of being legally registered.

4. Are there penalties for submitting a document late?
Certain documents attract a penalty or interest charges under the Registered Land Act.

Surveying Section

1. I have a boundary dispute with my neighbor and I know my bound is not where he says it is supposed to be, can Lands & Surveys surveyors come and survey the properties to prove I am right?
Anyone with a boundary dispute should first retain the services of a private License Land Surveyor to ascertain boundaries. If the matter cannot be resolved then anyone can make an application to the Registrar of Lands to determine and uncertain or disputed boundary. The fee for an application to determine an undisputed/uncertain boundary is XCD$200.00.

2. What is the standard measurement unit of Anguilla?
The standard unit of measurement in Anguilla is the International foot (0.304 8m) which is distinct from the US foot (0.304 800 6m).

3. What restrictions are there when using maps produced by the Department of Lands and Surveys?
The purchase of a map from the Department does not convey any rights to the information. The maps cannot therefore be published in any form without the express permission of the Chief Surveyor

Valuation Section

Property Tax

1. How is property tax calculated?
Property tax is calculated by the following formula: Notional capital value of the property multiplied by 0.00375

2. What area is used to calculate Property Tax?
Gross external floor area of the structure.

3. When and where do I pay my property tax bill?
You can pay your property tax bill at the Inland Revenue Department. Your bill can be paid in two (2) installments from January to June and July to December.

4. What is the penalty for not paying my property tax bill on time?
A penalty fee of 5% is charged at the end of every due date of the property tax bill.

5. Which Department measures my property?
The Department of Inland Revenue in collaboration with the Department of Lands & Surveys measures properties once the property is taxable under the Valuation and Rating Act.

Property Assessments

1. How long do I wait for a transfer form to be assessed??
A transfer form can take from one (1) to two (2) working days depending on the circumstances of the assessment.

2. How much time do I have to pay for my transfer tax??
Transfer tax has to be paid within six (6) months of the assessment date. In addition if a new year occurs then a revaluation required. Late fees may also apply.

3. How much do I pay for my transfer tax??
- For a Belonger, a fee of 1% of the assessed value is charged if the relationship between the transferor & transferee is mother, father, sister, brother, grandmother and grandfather. For any other relationship stamp duty fee is 5% of the assessment value.
- For non-Belongers a fee of 12½% on the license is charged in addition to the 5% on the Transfer.

4. Can I pay in installments??
Full payment must be made to register a Transfer. However, a payment plan can be made with the Inland Revenue Department upon special circumstances. However the Transfer would not be registered until payment is made in full. Additionally late registration fees will apply and new Tax Clearance Certificates will have to be submitted.

Crown Property Management

1. What is the procedure to lease crown property?
A person interested in leasing Crown land must first visit the Department of Lands & Surveys to indicate the intended property and usage. Thereafter the applicant must then seek planning permission for the property you wish to lease. You must then make an application to lease Crown property to the Department of Lands & Surveys. The application is forwarded to Ministry of Economic, Development, Investments, Commerce, Tourism, Lands and Surveys and Planning to be submitted to Executive Council for approval.

2. How much do I pay for Crown property per annum?
This is determined by the size and location of the property.

3. When do I pay for my lease?
Leases are payable on a monthly or annual basis depending on the terms of the Lease.

4. What documents do I need to register the lease?
You are required to have a signed lease agreement from the Government of Anguilla and signed RL 2, Transfer of Lease Forms, Certificate of Good Standing, Company Certificate of Incorporation (if applicable) and any other required documents.

5. How long can I lease Crown Land for?
You may hold a lease up to 125 years. However, most leases are for a term of 25 to 50 years.

6. Can I sub lease Crown Land?
It is not the policy of the Government of Anguilla to allow leased lands to be sublet.

Aliens Land Holding License

1. Can a Non-Belonger own property on the island?
A Non-Belonger can own property on the island providing that they make an Aliens Land Holding License application to the Department of Lands & Surveys and is granted an Aliens Land Holding License by Executive Council (See section under Aliens Land Holding License.

2. How much will it cost to obtain a License?
A basic application fee of US$400.00 applies per application. Additionally, for vacant property, Stamp Duty on the license is 12 ½% and 5% transfer fees. In addition where the land is vacant, a 10% deposit is required until completion of the dwelling house within a given time frame. If the development is not completed within twenty-four (24) months then penalties are applied. The penalties are a fee of EC$500.00 for the first twelve (12) months after the due date. Thereafter, EC$1,000.00 a month is charged for six (6) months, if the development remains incomplete. The 10% deposit will not apply where the property is developed.

3. How much land can I purchase?
Government’s policy is to allow 0.50 acre of land for residential purposes. However in special circumstances Government will consider an application for more than 0.50 acre of land. This 0.50 of an acre limit does not apply for tourism projects, however, for developed residential homes the Government would consider on a case by case basis.

4. What is the average cost of property?
Depending on the location this will vary significantly. Kindly contact a local Real Estate Agent/Property Consultant/Valuer.

5. How long does it take to obtain an Aliens Land Holding License?
Approval can take up to 3 months however applications can approved within 3 weeks.

6. What are the limitations on the size house I wish to build?
The minimum size to build is 2,000 sq. ft. living area.

7. What is the average period to construct a dwelling house?
The average size dwelling house can be built within twelve (12) months. However on coastal areas the time frame can increase to eighteen (18) months. We would advise that you contact a local builder/contractor/Project Manager.

8. Can I buy a property that has been developed?
Yes you can purchase a property that has been developed. It would require less time to obtain a license since you do not have to seek planning permission.

9. What do I need to apply for an Aliens land Holding License?
See Guidance Notes on the Aliens Land Holding, Regulations Act, Application For Alien Land Holding License (2016)

GIS/LIS Section

1. How much do I have to pay for a copy of a GIS/LIS Map of a property?

SCHEDULE OF MAP FEES JANUARY 4, 2016

(Link)

Administration & Finance Section
1. How long is it going to take to process my application for a refund of an application I made but withdrew soon thereafter?
Once the application is processed at the Administration & Finance Section, within a few (two (2) to five (5)) days it is forwarded to the Department of Treasury for issuance of the cheque. The customer should thereafter follow up with the Accountant General at the Treasury Department for their cheque.

Fees
1. What exchange rate is used at the Land Registry?
XCD$2.6882 to US$1.00