The Dominican Bar Association (DBA) has kicked against the decision of the government to reduce land transfer fees by 50%, and has requested a meeting with PM Roosevelt Skerrit within the next seven days to resolve the issue. The association of lawyers accused the prime minister of taking a one-sided decision to reduce their fees in contradiction to the provisions of the law and without consulting with the bar before the decision.
During the presentation of the 2020/2021 budget, PM Skerrit announced that his administration will implement a “Reduction in Land Transfer Fees” to help thousands of Dominicans who own land to take legal possession of them by acquiring the mandatory certificate of title for their property.
According to the prime minister, hundreds of choice lands have been abandoned across the country and the family owners unable to divide and register the lands in their own names because of the prohibitive legal fees associated with the tranfers. This has made it impossible for land owners to develop their lands for building purposes due to the 10% transfer fee imposed by lawyers before a certificate of title can be issued.
The government stated that as from September 1, 2020 to August 31, 2021, the adjusted fees for the purchase or transfer of land in Dominica will be 2% for stamp duty, 1% for judicial fee, 1% for assurance fund, and maximum of 1 ½% for lawyers, making a total of 5 ½% of the land value is to be paid by buyers instead of 10%.
The DBA wrote a letter of protest signed by its president, Heather Felix-Evans, stating that the government failed to consult with the association and to take advantage of divergent views before going public with the plan. The association also said the plan indicates that the government does not appreciate the roles of legal practitioners in empowering citizens as registered landowners.
“Such a failure to consult robs the members of the DBA, and solicitors practicing in Dominica on a whole, of the opportunity to gain an understanding of the rationale for the proposal and to consider and to offer options for the consideration of the government,” the DBA wrote.
The lawyers said they would want to meet with the government within seven days to thrash the matter and come to a mutually beneficial resolution. The Skerrit-led administration is however yet to respond to DBA’s request for a meeting.
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