Law of Bermuda - Property Law

Property Law

  • All conveyancing in Bermuda is unregistered. Bermuda has no equivalent of the 1925 property law legislation in England.
  • Bermuda has no capital gains taxes, but there is ad valorem Stamp Duty on sales and gifts of real estate.
  • Generally, Bermuda real estate cannot be vested in a corporation, except:
    • in a trust company;
    • in the management company of a condominium; or
    • in other cases with the permission of the minister, strictly limited by policy.
  • Bermuda real estate cannot be vested in a non-Bermudian, nor in a trust which may benefit a non-Bermudian, unless a licence is obtained on behalf of the non-Bermudian. The fee for the licence is a substantial percentage of the market value of the real estate.
  • With some limited exceptions, only real estate in the hands of non-Bermudians is available for sale to non-Bermudians.
  • It is common for Bermuda real estate to be owned by trusts.

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