LRC seeks to repeal conflicted land law

(CNS): A rarely used piece of legislation that deals with land inheritance and ownership is currently under review by the Law Reform Commission, which is seeking public opinion on the potential repeal of the 25-year-old law. The commission said the Settled Land Act (1998 Revision) is unsatisfactory as it contradicts with the Registered Land Act leading to the potential for “highly problematic outcomes”.

The law reformers have published a discussion paper which outlines the history of this little-known piece of legislation and its fundamental purpose, with its roots in a form of trust developed to protect hereditary land holdings under the English common law. The LRC is asking stakeholders and interested parties to submit their views on the options for reform.

While the law provides a mechanism for creating successive interests in land, it is no longer commonly used. But officials said that its continued existence as part of the statute has implications for the modern system of land trusts and land registration in the Cayman Islands.

The LRC said the original purpose of the Cayman Islands SLA is outdated at best and does not interact in a logical fashion with the RLA.

“It is questionable whether it was ever appropriate to the local context,” the paper says, adding that it is “overly complex and carries the risk of inadvertent settlements being created, with the associated problems for beneficiaries and purchasers”.

The discussion paper proposes a model for reform in the Cayman Islands and is available here, or a copy may be collected from the Offices of the Law Reform Commission.

Submissions should be sent to the Director of the Law Reform Commission by email to cilawreform@gov.ky, by hand to the Law Reform Commission, 4th Floor, Government Administration Building, 133 Elgin Avenue, George Town or by post to the Law Reform Commission, P.O. Box 136, Grand Cayman KY1-9000.