Best Conveyancing Lawyers in Aruba

About Conveyancing Law in Aruba

Conveyancing in Aruba refers to the legal process of transferring ownership of property from one person or entity to another. This process involves both residential and commercial properties and is governed by a set of local laws and regulations that help ensure the validity and legality of real estate transactions. The conveyancing process in Aruba typically includes conducting property searches, preparing legal documentation, ensuring the settlement of any outstanding debts or liens, and handling the registration of the property transfer at the Land Registry (Kadaster Aruba). The process is primarily carried out by a civil law notary, who is legally required to facilitate the proper transfer of title.

Why You May Need a Lawyer

While conveyancing is mostly handled by civil law notaries in Aruba, engaging a lawyer can be highly beneficial in several situations. Here are some common reasons why you may need legal assistance during a property transaction:

• You're purchasing or selling property and want to ensure all documents and procedures comply with Aruba's laws.
• There are disputes regarding property boundaries, ownership history, or inheritance issues.
• The property had previous mortgages, loans, or liens that need clear resolution.
• You are an overseas buyer or seller unfamiliar with local regulations, requiring additional protection for your interests.
• There are complications or ambiguities in the property’s title or ownership records.
• You require advice about your tax obligations or applicable duties connected with the property transfer.

Local Laws Overview

Conveyancing in Aruba operates within the framework of the Aruban Civil Code. Key aspects relevant to property transactions include:

• All transfers of property ownership must be notarized by a qualified civil law notary in Aruba.
• The notary ensures the thorough verification of the property title through the Land Registry (Kadaster Aruba).
• Buyers and sellers are both subject to certain taxes and duties, including transfer tax (overdrachtsbelasting) and notarial fees.
• Certain properties may be subject to long-lease rights (erfpacht) rather than full ownership, particularly for government-leased land.
• Foreign nationals can purchase property in Aruba but may have additional legal or due diligence requirements.
• All property-related debts, such as mortgages and encumbrances, must be settled before the transfer is completed.

Because conveyancing law in Aruba has unique characteristics compared to other jurisdictions, seeking professional advice is recommended to avoid delays or legal complications.

Frequently Asked Questions

What is the role of a notary in Aruban property transactions?

The notary in Aruba acts as a public official who prepares and authenticates the deed of transfer, verifies the property's legal status, and ensures the transaction complies with local laws. The notary also registers the transfer with the Land Registry.

Can foreign nationals purchase property in Aruba?

Yes, both residents and non-residents can purchase property in Aruba. There are no special restrictions for foreign buyers regarding property ownership, but there may be additional due diligence and tax requirements.

Do I need a lawyer, or is a notary sufficient?

The notary is required by law for conveyancing transactions, but hiring a lawyer can help protect your interests, especially in complex situations or when disputes arise.

What taxes are involved in buying property in Aruba?

The main tax is the transfer tax, usually a percentage of the purchase price. There may also be notarial fees and, in some cases, stamp duties. Ongoing property taxes may apply after purchase.

How long does the conveyancing process take in Aruba?

The process typically takes several weeks, depending on the complexity of the transaction, the readiness of required documents, and the parties involved.

What is "erfpacht" or long-lease land?

Erfpacht refers to long-lease rights granted by the government, commonly applied to certain plots of land in Aruba. You acquire the right to use the land for an extended period rather than outright ownership.

What happens if there is a mortgage or debt on the property?

All outstanding debts, mortgages, or encumbrances must be settled before the property can be transferred. The notary will confirm with the Land Registry that the title is free of these issues.

Are property records public in Aruba?

Yes, property records in Aruba are maintained by the Land Registry (Kadaster Aruba) and can be accessed for due diligence during the conveyancing process.

Can I use power of attorney for a property transaction?

Yes, a power of attorney can be used if you are unable to attend the transaction in person, but it must be properly notarized and meet Aruban legal standards.

What protections do buyers have during conveyancing in Aruba?

Legal checks conducted by notaries help protect buyers by ensuring there are no hidden debts, as well as confirming the legitimacy of the seller and the authenticity of the property title. Hiring a lawyer adds another layer of protection.

Additional Resources

If you are seeking more information or assistance related to conveyancing in Aruba, consider reaching out to the following resources:

• Kadaster Aruba (Land Registry) - For property and land registration information.
• Aruba Bar Association - For a list of qualified lawyers experienced in conveyancing and property law.
• Civil Law Notaries in Aruba - For professional notarial services required for all property transfers.
• Department of Land Affairs (Direktie Domeinbeheer Aruba) - For information related to government-leased land.
• Tax Authorities Aruba (Departamento di Impuesto) - For advice on property-related taxes and duties.

Next Steps

If you need legal assistance with conveyancing in Aruba, consider the following steps:

• Gather all relevant documents related to the property, including existing title deeds, maps, and any loan or mortgage information.
• Contact a qualified civil law notary in Aruba to initiate the property transfer process.
• If your situation is complex or if you require additional legal advice, consult with a lawyer who specializes in Aruban property law and conveyancing.
• Request a due diligence check on the property at the land registry to ensure there are no encumbrances or disputes.
• Ask your legal representatives to explain any taxes, fees, and ongoing obligations clearly before proceeding with the transaction.
• Confirm all parties understand the terms of sale and the timeline for completion.

By following these steps and working with experienced professionals, you can minimize the risk of issues and ensure the conveyancing process in Aruba is completed smoothly and legally.