Land tenure is available on a renewable leasehold basis. The land leases currently are being granted for a period of 50 years.

Once a buyer settles on a property, he /she appoints a solicitor who conducts land search of the property to ensure no claims remain on it. Once this is verified, the buyer’s solicitor registers the signed and stamped Agreement of Sale and Purchase at the private practitioner’s office. At this time the buyer has to make a down payment of 10% of the total property value. The process offers a 30-day window to the buyer to make the arrangements of the final payment and also to verify the title deeds of the said property. The next step involves the preparation and signing of the property assignment which is signed by both the buyer and the seller. This property assignment is prepared by the buyer’s attorney.

In the mean time the original Assignment of Sale and Purchase agreement is received, duly stamped and signed from the Stamp Office. The last step involves the stamped document of assignment to be presented to the land registry. This is done within 30 days from the date of assignment. The deed is considered legally transferred at this step, however, the registered office may take up to 3 months to input the document information in the database. The remainder of the payment is done at this stage.

Also if a foreigner intends to rent a property out, then it is not allowed. Renting is a “restricted economic activity”. If 51% of the equity is held by a Fijian is when the Fiji law allows a foreigner to rent a property out.

Once a buyer chooses a property, the documents for sale are prepared by the help of a solicitor. These documents are then submitted to the Stamp Duties Office for stamping and payment of transfer tax. This process can take up to 7 days.

Once the stamping process is complete and the transfer tax is paid, the buyer and the seller meet at the Registrar of Titles office for settlement. This is where the verification of the title deeds is done and then the transfer documents are submitted for registration. It is at this point that a “guaranteed search” can be requested to verify any pending encumbrances on the property.

From here on, it can take up to 60 days before the new title is issued in the name of the buyer. The payment in the mean time is done in accordance with the agreement between the two parties during the time of purchase.

The easiest way to proceed with a purchase is via an estate agent. After the buyer chooses a property, he approaches the seller. Once a selling price has been settled upon, a contract is set up which contains all clauses of agreement and also contingencies between the 2 parties. These include the course of action to be taken in case of the breach of contract by either of the parties.

Once both the parties sign the contract, a deed is issued to the buyer who makes an initial payment which is a percentage of the total cost (usually 10%). This deed is not transferred till the remaining steps are complete. There is also no need of a notary or an attorney to complete the registration process. The documents are sent to the Land Registry by post. These details are registered in a daily book. This is followed by the all the relevant information being entered in the database. Then the information is passed on to the relevant department for verification. This verification process is completed within 3 days and an official paper acknowledging the verification and registration is sent out. This document also states the name of the new property owner.

The responsibility of the stamp duty and the payments of any other fees to a third party, if involved in the process, lies on the buyer. After this document is received is also when he/she is liable to making the remaining payment to the seller and closing the deal. This is the last step in the purchase.

The process of purchase starts with the buyer approaching the seller for the property. The seller has to obtain an extract from the Land Registry which proves the seller’s authority to sell the property and also whether any mortgages or taxes are pending on the property. This process can take up to 7 days. Once the information is extracted, the seller passes it on to the notary appointed by the buyer.

At the same time, both the parties have to obtain an extract from “Cadastre” which states the evidentiary number and the boundaries of the property on official map.

Also, one has to obtain a local spatial development plan to establish that the property is not for agricultural use. Also, in case either or both the parties are entrepreneurs, an extract from the register of entrepreneurs of the National Court Register is required, in order to establish who is authorized to act on behalf of the entrepreneur.

After all these documents are obtained, the notary prepares the transfer agreement. With this agreement the notary applies for registration at Land Registry or Registry Court. This process can take up to 6 months and on completion is when the property considered transferred.

There are no restrictions in terms of the type of property to be purchased. One can buy rural properties, farm ranches, beachfront properties, or apartments.

The purchase process is completed by the help of a notary. The notary verifies the good standing of the deed by checking the ownership history for 30 years. An initial purchase draft is made by the notary and he/she also acts as an escrow agent for the initial payment. In short, the notary’s job is to overlook and conduct the purchase process bearing the interest of both parties in mind.

After a property is selected, the buyer discusses the price with the seller and they reach an agreement. The notary chosen by the buyer then prepares “Boleto de Reserva” which is the first sales document recording the commitment of sales from both parties. With the signing of this document, 10 % of the price of the property is deposited with the notary in escrow.

With this draft, a closing date is also set which is within 30-45 days from the date of signing. This is the window that is used to verify the documents and the standing of the property. This is done by verifying records in the Public Registry and checking the tax papers.

By the end of this period, the notary drafts the closure document called “Escritura de Compraventa” which once signed requires the full payment to be made and the purchase is recorded in the Public Registry as well.

Foreigners and foreign companies are allowed to purchase up to one acre of land for residence and/or up to five acres for commercial purposes without applying for a license. An Alien Landholder License must be acquired from the government for any purchases above these sizes.

After a buyer finds a property, a sales agreement is signed basis the verbal agreement between the buyer and the seller. This agreement consists of all the clauses agreed upon by both parties. An initial 10% payment is made by the buyer that is held in escrow as per the contract that binds both parties. Under normal circumstances, the remainder of the payment is done after 90 days of signing the sales agreement and it is during this time that verification of all paperwork is done.

Once the sales agreement is signed, a local attorney on behalf of the client has to perform a title search. Simultaneously the buyer must verify from the utilities and Water and Sewage Authority (WASA) to make sure that all taxes are paid till the point of acquisition. It is this part of the purchase that is the longest with the response time of WASA being up to 6 weeks.

The closing is initiated after the title of the property is verified and all records checked. Closing Fees is a total of Stamp Duty, fees of attorney, and insurance costs for the dwelling. A Memorandum of Stamp Duty has to be submitted to the Board of Inland Revenue for assessment of Stamp Duty prior to closing. After closing this memorandum is taken to the Board of Inland Revenue for payment of duty. Upon payment, the Memorandum of Transfer is stamped and the buyer can then present this for registration with the Land Registry.

A Return of Ownership form for the change in ownership is prepared by the Land Registry for paying property taxes.

The Dean of the Civil Tribunal Commune where the property is located- gives authorization for the survey after a file containing documents of previous survey and sale of property is presented to him. This process can take up to 20 days.

When the survey is done, all those who share a border with a property are invited to witness the survey. The completion of survey can take between 10 and 90 days. In case anyone presents request for a “refre’” once a survey is initiated, the survey is suspended till the matter is resolved.

While this is done, the notary chosen by the buyer must prepare a Bill for Sale. The usual notary fees is 1% but Notary Association of Port-au-Prince charges 6% of the sale price which consists of 2% professional fees and 4% capital gain tax, transfer tax etc. which the notary pays to the concerned authorities. There is additional VAT that is paid by the seller but held by the notary public until he/she decides to transfer it to the Direction Generale des Impots.

The Bill of Sale agreement is then deposited by hand to be registered in the Direction Generale des Impots. This procedure requires a fee of 1% of the property sale price in accordance with the “loi du 28 septembre 1977 sur l’enregistrement et la conservation fonciere”. This is usually done by the notary who charges this amount initially. However, this process can take between 6 to 9 months and once completed is when the sales procedure is said to be finished.

The buyer once has decided on the property to buy, discusses the price with the seller. Once a price is agreed upon, a seller needs to obtain a Certificate of Property Registry as a proof of exact fees and the title of the property. An official value of the property also must be obtained from the city’s municipality along with the registry numbers. The lawyer from the buyer’s side must also verify for any incumbencies. The buyer must verify whether the property has been gifted to or purchased by the seller. In case it has been gifted, he/she would need written permission from anyone with any legal interest in the property.

With the verification done and these documents are made available by a third agent or a notary chosen by the buyer; a sales agreement is prepared. Once this is signed by both parties and notarized, the buyer makes an initial payment as a deposit. This is held in escrow. The amount is forfeited in case the buyer cancels the deal.

Then a Public Deed is prepared in order to transfer the title. The buyer now has to pay the taxes and transaction costs for the deed. A point to be noted is that the Sales Tax is 12% of “Stated” value of the property. This can be as low as 10% to 25% of the amount actually paid. Once the required payments are done, the deed is sent to the Real Estate Office for recording. It is now that the remainder payment must be made. This transaction is then notified to the Municipality for tax purposes.

The first step of the property purchase is to obtain a tax role number also called AFM. Passport is to be shown by non EU residents and any government issued id is to be shown by members of other EU nations for this. Then the buyer must open a bank account where all the transactions are done in Euro. This is vital because the purchase of land in Greece must come from a Grecian bank. This is followed by the process of obtaining a “Pink Slip” which means that the government allows wire transfer of money for purchase from abroad. With the “pink slip” available, the buyer can get money transferred to the account via wire transfer. However, the taxes will be applicable as per the Grecian laws.
Simultaneously, the notary creates a preliminary contract basis the agreement between the buyer and the seller. This is as soon as the offer is made on the property. During the execution of this agreement, up to 10% of payment is made. This amount is not refundable unless the seller stalls the sales process or the title of the estate cannot be had in the allotted time.

It is between the signing of the preliminary agreement and the final one that the buyer has to verify the credentials of the seller and vice versa. Then a final contract is signed between the 2 parties. Then the title deed is recorded under the name of the buyer at the land registry which can take up to 8 days. Lastly, the transfer is registered in Cadastre. The process takes up to 5 days during which the registrar checks the legality of deeds transfer.

The purchase is completed with the assistance of agents and notaries. A buyer has to hire a notary who seeks information on the property chosen by the buyer. This information includes the verification of the property being free of burdens and mortgages. In Germany, the notaries have privileged access to the registers to obtain information on properties. Most of the information can be found online but that which is not is made available on request. The process can take place between 5 to 7 days.

The notary is also responsible for creating the sale and transfer agreement. It must be noticed that the notary fees is fixed at EUR 4494 and other costs which can range up to EUR 7317.75 plus VAT at 19%. For the maturity of the purchase price, the registration of the priority notice is to be done to secure the rank of the buyer and the seller. Along with this consent of public authorities regarding cancellation of encumbrances is also required. The fee of this notice depends on the property value.

Once all the conditions of maturity “Fäligkeit” of the purchase price are met, the notary issues a statement of maturity called “Fäligkeitsmitteilung” to the buy buyer. Once this is issued, the buyer has to pay the agreed price. Once the payment has been confirmed by the seller or the bank, the notary forwards the declarations to the land register. The declarations in Rem, are in a format according to the land register regulation (Grundbuchordnung), and the transfer has to be registered in the land register. Then the transfer tax has to paid and a confirmation obtained. The process is completed with the application for the registration of the new owner and deletion of the priority notice to the land register.