Deed Registration

The Island Record Office (IRO) is an arm of the Registrar General's Department and was established under the Act of Parliament in 1879. The Record Office Act Chapter 335 Law 52 of 1955, section 2 states the following documents that can be registered at the Island Record Office:

• Public Records: These include rolls, writs, books, proceedings, statutes, decrees, wills, warrants, accounts, papers and documents of a public nature.
• Deeds and writings: A deed is a legal instrument used to grant a privilege. It is usually used when transferring title to real estate from one person to another. All deeds including: wills conveyances, charters, bonds, bills of sales, patents, certificates, letter patent, specifications, petitions, declarations, disclaimers, memoranda, powers of attorney, crop and other accounts, inventories, maps plats and all other legal instruments used to grant a right.
  must be registered at the Registrar General's Department. 

To register your deed or public record you must do the following:

• Ensure that your document meets the requirements of the Regisrar General's Department
• Take the document to the RGD for assessment
• Pay the relevant fees to have the public record/deed/writing registered

Requirements for Registering Deed Polls

A Deed Poll is a legal document that is used along with someone’s birth and marriage certificate, sometimes both, citizenship certificate, Decree Absolute, and sometimes an adoption certificate, depending on the case. A Deed Poll allows one to use a different spelling of his or her name that was given at the time of registration or abandon and assume a completely different name. Deed Polls provide legal documentary evidence so that every one that you have dealings with changes their records with out questioning.

Before you register the Deed Poll, you must ensure that it has the following:

• The party’s name before Deed Poll
• The party’s name after Deed Poll
• Certified copies of (Birth, Marriage, Decree Absolute, adoption, naturalization certificate) depending upon the case
• Date of Execution are attached to the Deed Poll
• Signatures of parties (Person requesting the name change and the Justice of the Peace/Notary Public)
• Seal of Signatory (Justice of the Peace, Notary Public)
• A Stamp Duty which was paid within 14 days (8 days for Deed Polls) of execution date.  Documents that are not stamped within the prescribed period will attract a penalty.(Stamp duty charge is  $500 and the penalty on late stamp is calculated at 5% per annum + $10.)

Requirements for registering a Deed of Gift

A Deed of Gift is a property or possession that is given to one party by another as a gift.

Before a Deed of Gift can be registered the following requirements have to be met:-

• Names of parties involved
• Date of Execution
• Signatures of parties (Grantor, Grantee and Justice of the Peace)
• Stamp Duty paid within 30 days of execution date.  Documents that are not stamped within the prescribed period will attract a penalty.
• Stamp Duty is calculated at the sale amount, the first $2000 is stamped for $100 + $55 per $1000 thereafter.
• Transfer Tax – an additional 7.5% is charged on the sale amount for transfer tax.
• Penalty on late stamp is calculated at twice the stamp duty charged + transfer tax +$20.
• There are other considerations to stamp duty charges.  If the land is sold for less than market value, the stamp duty is calculated on the sale price while transfer tax is calculated on the market value.
• Example Sale price is $250,000 and Market value is $800,000.
• Stamp duty is:- ($248 x $55) + $100 ) = $13,740 
• Transfer tax is:- ($800,000 x 7.5%) = $60,000

Requirements for Registering Conveyances

A Conveyance is a document showing the transfer of property from one owner to another.  The following description of the property is given (size, value).  A diagram is often given to show a clear picture of the property. Before a Conveyance can be registered the following requirements have to be met:-

Ensure document has:

• Names of parties involved
• Date of Execution
• Signatures of parties (Giver, Receiver and Justice of the Peace)
• Stamp Duty paid within 30 days of execution date.  (Document not stamped within the prescribed period will attract a penalty).

A convenyance that has been stamped and meets the requirements outlined above should be taken to the Registrar General's Department where it will be assessed for the following cost:-

• Each Legal sheet (each 160 words) = $110
• Deed receipt                             $200
• Docket fee                                $ 50
• Diagram (per hour)                   $750
• Service charges – 7-days          $500
• Next day                                   $1500

After the appropriate fees are paid, the customer is issued a receipt and informed when to return for the completed document, based on their request.

Requirements for Registering a Power of Attorney

A Power of Attorney is a legal document created to give an agent authority to act on someone’s behalf. The document should state clearly the extent of the agent’s authority.

Before a Power of Attorney can be registered the following requirements have to be met:-

Ensure document has:

• Date of Execution
• Signatures of parties (Grantor, Grantee, and Justice of the Peace/Notary Public)
• Seal of Signatory (Justice of the Peace/Notary Public)
• Full name and address of Grantor & Grantee
• Stamp Duty paid within 14 days of execution date.  Documents that are not stamped within the prescribed period will attract a penalty.

Stamp Duties are assessed as follows:

• Stamp duty is $500
• Penalty of 5% per annum + $10 is incurred.

A Power of Attorney that meets the requirements stated above should be taken to the Registrar General's Depratment where it will be assessed for the following cost:-

• Each Legal sheet (each 160 words) = $110
• Deed receipt                             $200
• Service charges – 7-days          $500
• Nextday                                    $1500

After the appropriate fees are paid, the customer  will be issued a receipt and then informed when to return for the completed document, based on their request.

Requirements for Registering Paper Writings

A Paper Writing document can be prepared by an individual (Testator), regarding the distribution of his/her estate upon his/her death, while he/she is alive.  Amendments can be made to the document while the individual is alive, however the last “Paper Writing” made will revoke the previous ones, and then becomes the Last Will and Testament upon the Testator’s death.

Before a Paper Writing can be registered the following requirements have to be met:-

• Name of Testator
• Name, address and occupation of two witnesses
• Signatures of parties (Testator and Witnesses)
• Date of Execution

A Paper Writing that satisfies the requirements stated above should be taken to the Registrar General's Department where it will be assessed for the following costs:-

• Legal sheets (each 160 words) = $110
• Deed receipt                                 $200
• Service charges – 7-days              $500
•  Nextday                                       $1500

After the appropriate fees are paid, the customer will be issued a receipt and then informed when to return for the completed document, based on their request.