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Expertise

Real Estate Attorneys

Our attorneys have experience advising on all aspects of Cayman Islands real estate law, including both residential property law and commercial property law.

We regularly advise on the lease, purchase, sale and development of commercial and residential properties in the Cayman Islands, including hotels, large commercial buildings and residential units and land developments.

Our Cayman Islands real estate lawyers also advise banks and other institutions and individuals in connection with mortgage financing, property developers in connection with sole and joint venture residential, commercial and mixed-use developments, and landlords and tenants in connection with long term leases and short-term tenancies.

Our real estate law services

Buying property in the Cayman Islands

Our real estate attorneys can assist both residents and non-residents with buying residential and commercial property in the Cayman Islands. We can handle every aspect of the transaction, as well as providing advice on any specific issues relating to the property and including securing a bank mortgage or other forms of property finance.

Selling property in the Cayman Islands

We can guide you through selling Cayman Islands property, helping the process to run smoothly and efficiently while ensuring your interests remain protected at all times.

Leasing property in the Cayman Islands

Leasing property can bring with it a range of complications, so whether you are a landlord or tenant, it is essential to get specialist legal advice at an early stage. Our real estate lawyers can assist with drafting or reviewing commercial and residential lease agreements, making sure the terms match your interests and minimising the risk of costly and time-consuming problems in the future.

Property development in the Cayman Islands

We can assist with all aspects of Cayman Islands property development, including site purchase, construction loans and contracts, licensing and regulatory guidance, investor financing and the sale of finished units.

Cayman Islands Property finance

Getting the right finance in place is essential for a profitable investment, so it pays to take specialist advice. Our real estate lawyers can help to ensure you get the right finance on the right terms and that you fully understand all of the implications of any loan agreement you enter into.

Advice for landlords and tenants in the Cayman Islands

Every stage of the landlord-tenant relationship needs careful management and this is an area in which our team has extensive experience. We regularly advise landlords and tenants in the Cayman Islands on issues including entering a lease agreement, ending a lease and resolving landlord-tenant disputes.

Discuss your requirements with our Cayman Islands real estate lawyers

To discuss your requirements with our Cayman Islands real estate lawyers, please get in touch.

Investing in Cayman real estate

Reasons to invest in the Cayman Islands

The Cayman Islands are one of the most attractive places in the world for real estate investors for a number of reasons, including:

  • The Cayman Islands are tax-neutral as there is no property tax, income tax, Capital Gains Tax (CGT) or inheritance tax
  • High return on investment (ROI) – the Cayman Islands has a growing property market offering high and stable ROI for investors
  • There are no restrictions on foreign investment in real estate for personal use
  • Property can be held in multiple names or via companies
  • There is no obligation to develop land bought for investment purchases, offering a simple option for passive investment
  • The Cayman Islands Registered Land system makes it simple to check for any restrictions, cautions,   liens or other incumbrances on a property reducing the risk to investors

Risks of buying Cayman Islands property

Risks of buying in the Cayman Islands that investors will need to consider include:

  • Whether there are any restrictions on what a property can be used for – it is essential to check this before making a purchase
  • What licensing requirements there may be for a particular property, e.g. commercial properties being purchased and/or developed for sale or lease
  • You will need to factor in the cost of Stamp Duty (transfer tax) and other purchase costs, as well as selling costs (such as broker fees) when working out what return you are hoping to achieve
  • As with any real estate investment, there are no guarantees that your investment will increase in value and it could even decrease in value depending on various factors which specifically affect its area or how the market performs generally.

The importance of good legal advice when investing in Cayman Islands real estate

A good property attorney can make all the difference when dealing with property in the Cayman Islands. They can help to make sure any potential problems are identified early and that every stage of your transaction is carried out promptly. This helps to keep things as swift and stress-free for you as possible.

Working with an expert in Cayman Islands real estate law can also add significant real world value by helping to ensure you get the right deal on the right terms while avoiding costly problems.

Why Stuarts Humphries is the right choice for Cayman Islands real estate law

Our Cayman Islands real estate lawyers have decades of specialist experience advising investors on all aspects of dealing with property in the Cayman Islands, including buying, selling, leasing and development.

Drawing on expertise from across the firm, we can also assist with matters including Cayman Islands immigration, banking and finance, corporate & commercial law, company formation, private wealth and trusts and dispute resolution.

Discuss your requirements with our Cayman Islands real estate lawyers

To discuss your requirements with our Cayman Islands real estate lawyers, please get in touch.

Real Estate FAQs

  • Can foreigners buy real estate in the Cayman Islands?

    Yes, foreign nationals are free to buy property in the Cayman Islands and there are no restrictions on buying Cayman Islands property for personal use. 

    There are restrictions relative to buying property for rental purposes, specifically that where more than two rental properties are owned (in addition to the owners personal residence), the owner will need a Trade and Business Licensing Act Licence and Local Companies (Control) Act Licence).

  • Is there property tax in the Cayman Islands??

    There are no annual property taxes in the Caymans Islands and no Capital Gains Tax to worry about, which is one of the reasons the Cayman Islands is such an attractive location for property investors.

  • Can I become a resident of the Cayman Islands by buying a home there?

    There is an option to be granted a ‘Certificate of Permanent Residence for Persons of Independent Means’ if a person can show that they have invested at least $2,000,000 in developed real estate in the Cayman Islands. 

    The applicant will also need to be able to show that they have sufficient financial resources to maintain themselves and any dependants.

    Once a Certificate of Permanent Residence for Persons of Independent Means has been granted, the holder and their family will have the right to reside permanently in the Cayman Islands although they will not automatically have the right to work. However, it may be possible to have the Certificate varied to allow the holder to be employed in a specific profession as well.

  • Can I get financed to buy property in the Cayman Islands?

    There are no specific restrictions on the ability of non-residents of the Cayman Islands to get a mortgage or other form of property finance when investing in Cayman Islands real estate. However, lenders are likely to apply more stringent requirements for non-residents, so it is important to speak to a loan adviser as early as possible.

  • Does the Cayman Islands have Stamp Duty for buying property?

    Yes, Stamp Duty will normally need to be paid when buying property in the Cayman Islands at a rate of 7.5% or the marker price.