Buying property in Guyana from abroad

People buying from abroad describe the same risks again and again^29,28:

• a seller who is not the owner, or a price agreed on someone's word that the property is theirs to sell;
• a deposit paid before anything is signed;
• a lot that turns out smaller than advertised;
• an agent who stops answering;
• a purchase that is never registered. If your name is not on the transport or title, you do not legally own the property²⁸.

1. 1

   Offer

   You make a written offer through the agent³.

2. 2

   Agreement of sale

   The law only enforces a sale of land if the agreement, or a note of it, is in writing and signed by the person it is used against¹.

3. 3

   Deposit

   A deposit of about 10% of the price is usual. That is common practice, not a rule, and it belongs in the written agreement².

4. 4

   Title search

   Your attorney searches the title at the Deeds Registry (for a transport) or the Land Registry (for a certificate of title). The Land Registry's official search reports the owner and anything registered against the land, such as a mortgage^4,6.

5. 5

   The seller's papers

   The seller needs a Compliance Certificate from the Guyana Revenue Authority, and proof that the property's rates are paid^5,6.

6. 6

   Gazette notice and objections

   A transport is advertised once in the Official Gazette, on a Saturday. Anyone may object until 3 pm on the 13th day; with no objection it can be passed after the 14th day, before a judge or the Registrar^6,8,9. A certificate of title is transferred at the Land Registry without a Gazette notice, usually within about two weeks¹⁰.

7. 7

   Completion

   You pay the balance, the transfer is passed, and you receive a certified copy of your transport, or your new title^3,6.

When the papers are in order and nobody objects, one Georgetown attorney puts a transport at about three months from start to finish, and a title transfer at four to six weeks¹¹.

Transport

Full and absolute ownership, similar to freehold, recorded by deed at the Deeds Registry. A sale is advertised in the Gazette before the transport passes^7,12.

Certificate of Title

Ownership registered at the Land Registry under the Land Registry Act. A sale is registered without a Gazette notice^12,10.

State land lease

A lease from the Guyana Lands and Surveys Commission, now usually 50 years, which can be renewed, transferred and mortgaged. A transfer is applied for through the Commission, and the land returns to the State when the lease ends¹³.

House lot allocation

A lot allocated by the Central Housing and Planning Authority. The owner holds an agreement of sale until the title or transport is issued, which takes about three to six months, and a resale follows the conditions of the allocation¹⁴.

Someone who has occupied land alone and undisturbed for 12 years can claim title to it by prescription, so ask who lives on or uses the property, and have it visited¹⁵. Guyana has no online title register and records can be unclear, which is why the attorney's search matters¹⁶.

Foreigners can own land in Guyana^16,17.

Power of attorney. You can appoint someone you trust in Guyana to sign for you. Each of you signs before a notary public or a magistrate where you are (from abroad, a notary or a Guyana consulate), with two witnesses, and shows two photo IDs, which the document names^18,19.

It must then be proved and recorded at the Deeds Registry, with certified copies of the IDs and, if it was signed abroad, a statement from one of the witnesses. Until it is recorded, anything done under it is invalid. Recording takes about three working days^18,19.

Apostille. Guyana has been part of the Apostille Convention since 18 April 2019^20,30. A power of attorney notarised in another member country, such as the United States, the United Kingdom or Canada, will usually need that country's apostille; one signed at a Guyana consulate does not. Your attorney will confirm what yours needs.

Viewings by video. Kairos GY Real Estate can walk you through a property live on a video call, at a time that suits your time zone. Ask on any listing, or book a call below.

• Pay nothing before the agreement of sale is signed²⁸.
• Pay the deposit through your attorney, or into the agent's client account, by bank transfer, and get a receipt that names the property.
• Never hand over cash to someone you cannot identify.

Under the Real Estate Agents and Brokers Act, agents and brokers must pay clients' money into a separate client account at a financial institution, where it is held in trust and kept apart from their own money²¹.