Every year, the relatively unspoiled islands of St. Vincent and the Grenadines attract expats, retirees, and the rich and famous. The process to acquire land and property in this island paradise can generate a lot of questions, and will be frustrating if you do not have the right lawyer. 

Below, we feature some of the most common questions we have received from our non-Vincentian clients who purchase property in St. Vincent and the Grenadines. 
1. Does the Government issue Alien Land Holding Licences (ALHL) in joint names? Yes. The ALHL can be applied for in joint names. The Deed of conveyance will be issued in the names that appear on the licence.
2. How much will I pay in fees and taxes for the ALHL? We usually advise our clients to add 20% to the purchase price to cover the costs associated with legal fees and government taxes.

• EC$2500.00 – ALHL Application Fee
• Legal Fees for ALHL
• Legal Fees for Deed of Conveyance
• 5% of the value of the land – Government Stamp Duty
• EC$2.50 for each EC$1000.00 of the value of the property – Government Registration Fee
• 15% of purchase price – Government VAT 
• Other fees may also apply (eg. Search Fees; Land Valuator Fees; Land Surveyor Fees; Courier Fees; Stamps)   

3. How long will it take to get the ALHL?
Once we have received all the necessary documents, the ALHL is usually processed by the Government within 6 weeks – 12 weeks. Once the ALHL is received, it may take an additional 4 weeks for the entire purchase process to be completed. 
4. Can I transfer the ALHL to another plot of land?
No. The ALHL is specific to the property which you are purchasing. The ALHL application requires that you identify the property which is to be purchased, and it is this property that will be identified in the ALHL. However, you are able to purchase more than one property on the same ALHL if the properties are purchased at the same time. If you purchase different properties at different times, you have to get a new ALHL, and start all over again.
5. Do I really need an Agreement for Sale or is it something additional that the bank wants?
Yes. We recommend that you secure an agreement for sale. An Agreement for Sale will serve the following important purposes:

• Secure the commitment of the vendor not to sell the property to anyone other than the purchaser for a set period.
• Provides the assurance that the purchaser will undertake expeditiously to apply for the ALHL.
• Allows peace of mind that the property is reserved for you to purchase.

Once the Agreement for Sale is signed, 10% of the purchase price is required as deposit. Your lawyer should hold this in an Escrow Account. The deposit is only refunded if the Government does not approve your application for the ALHL.
6. What happens if after I have received approval for the ALHL, the property is no longer available? Will I have to get a new ALHL?
It is very unusual that you would apply for the ALHL, receive it, and later find that the property you intended to purchase is no longer available. Having an Agreement for Sale should prevent this from happening, and if it does happen, you will have legal recourse against the vendor. 

In the unlikely event that this does happen, you will need to apply for a new ALHL. This is because the ALHL is specific to the property which you are purchasing. The ALHL application requires that you identify the property you wish to purchase. Your Solicitor is also required to submit a draft of the Deed of Conveyance along with the ALHL application.
7. Will I need a Power of Attorney?
A Power of Attorney is useful if you wish to have a local agent on the ground to manage the purchase process on your behalf, especially as you might not be able to be in the country to sign the various documents throughout the process. Once the Power of Attorney is executed, it is registered with the Registry of the High Court. Once all your transactions are complete, we will revoke the Power of Attorney. However, you do not need a Power of Attorney. If you cannot be present in person to purchase property, the documents requiring your signature can be sent to you by secure courier. You then go to a Notary Public and sign them.
8. Can I use a mortgage to finance my property purchase?
Yes. It may be possible for you to secure financing (local or otherwise) to purchase the property. You should contact your bank directly to find out if they will assist with your financing requirements.
9. If I have applied for the ALHL but it has not yet been approved yet, can I stay in St. Vincent and the Grenadines until it is approved?
The ALHL does not confer residency or citizenship on the Applicant. The standard length of time a visitor is allowed to stay in St. Vincent and the Grenadines is one month at a time, and must be complied with. If you need an extension of stay, you should apply at the Immigration Department. Extension of stay is at the discretion of the Immigration Department.
10. If I own a piece of land can I live in St. Vincent and the Grenadines permanently?
An ALHL licence does not automatically grant you residency. You have to apply to the Office of the Prime Minister for residency. As soon as you receive the ALHL, an application can be made to the Government on your behalf for residency. Such an application is not usually denied where the applicant owns land in the country.
11. If I own a boat or yacht, can I live on the boat in the harbour St. Vincent?
If you own a boat, you would not be allowed to live in the harbour for more than 1 month at a time. All the waters around St. Vincent and the Grenadines are treated in the same way that land is treated. You would still be subject to Immigration laws. Visiting yachts arriving in the territorial waters of St. Vincent and the Grenadines must proceed directly to a designated port of entry to complete clearance formalities before stopping at any other anchorage. The crew must receive clearance from Immigration and Customs. Generally, immigration allows non-nationals up to 1 month’s stay in the island (and in their waters), unless your stay is extended by immigration.
12. Can I sell the property if I do not wish to remain in St. Vincent and the Grenadines?
Yes. In order to sell your property, you may instruct a local agent to assist you. Your agent may request a commission. You should also make provision for Government taxes and legal fees. To sell the property, the agent will need the following information from you:

• A copy of your title deed
• A copy of your Property Survey plan
• Up to date Property Tax receipts 

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with your lawyer. For specific technical or legal advice on the information provided and related topics, please contact Meisha Cruickshank. Meisha is a Barrister and Solicitor in St. Vincent and the Grenadines. She practices in the areas of Land and Property Law, Estate Planning and Family Law. You can reach her by phone at 784-451-5669 or email at meishacruickshank@gmail.com.