We understand that the purchase of property is one of the largest investments most people will undertake in their life and it is in fact a major area of investment in Barbados. Whether our clients are first time home buyers or international corporations interested in commercial developments, our focus is on ensuring that they are constantly updated and guided on the progress of their investment.
Our Property Department provides advice and services to both domestic and international clients in transactions ranging from the sale and purchase of commercial and residential land and property and the development of building estates to leases of commercial premises. Our clients include individuals, companies and other entities and lending institutions whom we advise and assist in achieving their personal and business goals. We also act for lenders and borrowers with the advice and preparation of documentation such as mortgages, loan agreements, debentures and other security documentation to facilitate completion of the transaction.
On the residential property side, our team is highly experienced in dealing with the specific needs of residential developers and purchasers in the sale and purchase of land and homes in Barbados, be it townhouses, condominiums or detached family homes. This includes the acquisition of the site, development agreements, building agreements and the subsequent sale of the lots and/or homes by the preparation of agreements for sale and conveyances. We work closely with our Corporate Department in the preparation of joint venture agreements and partnership agreements, and the incorporation and registration of companies as often these are requirements of property transactions.
Also falling under the purview of the Property Department is our Trusts and Estates practice which includes advising local, regional and international clients on Barbadian estate law, estate planning and administration, preparation of wills, obtaining grants of probate and administration and the resealing of grants issued outside of Barbados. We pride ourselves on providing a personal and friendly service to guide our clients quickly and efficiently through their various property and estate transactions, making it as trouble free as possible.
- Hotels, Resorts and Condominiums
- Joint Ventures and Partnership Agreements
- Trusts and Estates
- Asset Transfer
- Secured Lending
- Residential, Commercial and Agricultural Leases
- Land Title Proceedings and Restoration of Title
- Commercial and Residential Developments
Our Property Department offers a legacy of experience with all aspects of conveyancing transactions. We guide local and international clients and prepare the documentation necessary to take the transactions from start to finish whether it be for residential or commercial properties.
The firm has worked on a number of the larger resorts in the Island from both the development/ sales side and the purchasing side. We can assist with purchasing of lands for hotels/ resort / condominiums, new construction as well as the purchase or sale of existing real estate, plant and fixtures. We also maintain a relationship with many of the owners of resorts and hotels in Barbados to provide any legal support where necessary.
We advise on franchising agreements, applying for concessions and other planning applications to various governmental agencies.
We offer the full suite of condominium development services including preparation of building contracts, offer documents, sale agreements, preparation and filing of condominium declarations, advice on administration and management of condominium rights and obligations. Our litigation department can assist the PUP with enforcing the payment of levies and termination and winding up of the PUP.
Our range of services covers both traditional hotels and condominium hotels.
We provide advice and prepare the necessary documentation for setting up joint ventures and partnerships created to engage in property investment. Where necessary, we liaise with our corporate department to create the legal structures and ensure regulatory compliance.
The firm advises local, regional and international clients on Barbadian estate law from the first stages of estate planning, preparation of wills, setting up testamentary trusts, obtaining grants of probate and letters of administration and the resealing of grants issued outside of Barbados, to settling and administration of trusts and estates. We have handled large complex estates and provide advice to executors/administrators of the estate as well as to beneficiaries of estates.
Our property department also handles the transfer of businesses whether such transfer is by way of the transfer of the assets involving shares in a company, particularly where the company is a property owning company, transfer and assignment of contracts and leases, transfers of moveable property, plant, fixtures, equipment, inventory and stock, and goodwill of the target company or by way of the sale of the shares in the target company particularly where it owns real estate.
We offer efficient and practical secured lending advice in connection with the structuring, negotiation and documentation of loan facilities in real estate and commercial secured lending projects. Our clients include local and international financial institutions, as well as individual borrowers, developers, property managers and other interested parties. We understand financing from all such perspectives and are therefore equipped to anticipate and understand the issues that are likely to arise. We have experience in several aspects of secured lending including loan agreements, project financing, mortgages, debentures, share charges, guarantees, deeds of priority between lenders, security and title reviews and forbearance agreements.
Our firm has negotiated and advised on leases ranging from leases of dwelling-houses to those pertaining to large-scale properties including commercial leases of shopping complexes and office buildings. Our expertise also encompasses agricultural leases and the leasing of properties for renewable energy projects. Whether we are acting for a prospective landlord or tenant, we can advise on the legislative and documentary requirements we ensure that our client’s interests are fully and successfully represented.
At Clarke Gittens Farmer we have a team experienced in the relatively new procedures to resolve issues of title through the Supreme Court or the Land Registry to restore title deeds destroyed or damaged, lost or stolen. Where title documents are inadequate or there are no title documents or ownership is based on inheritance, devise, purchase, adverse possession, prescription or otherwise, we can assist with obtaining a declaration of ownership to a property and a certificate of title
We have been involved in many of the largest developments on island advising developers, lenders and purchasers on the various stages of the transactions involved. Whether it is a small or large scale residential or commercial development, we have the expertise to advise on and prepare the full suite of documents required. This includes the documentation and advice necessary to get the development on stream including liaising with our corporate department on the incorporation and setting up of special purpose vehicles, shareholder agreements and the issuance of shares.