Transports, certificates of title and leases
Land in Guyana is held under a dual title system. Transports and leases are recorded at the Deeds Registry, administered through the Deeds and Commercial Registries Authority. Certificates of title are recorded at the Land Registry under the Land Registry Act. The two systems are distinct. The document that evidences title to a particular parcel will be a transport, a certificate of title, a State or Government lease, or another instrument, and due diligence begins by identifying which of those it is and in which registry it is recorded.
A mortgage or other security over land must be registered in the registry that matches the title. Taking security over land, and the separate movable-property security regime, are outlined in the firm’s [note on banking and financial regulation](/insights/guyanas-banking-and-financial-regulatory-framework). A company search is not a substitute for a title search, and incorporation of a vehicle to hold land does not itself create an interest in any parcel.
Due diligence, planning and special regimes
Title and development rights should be investigated before land is acquired, leased, mortgaged or treated as available for a project. Before a buyer or tenant commits to a parcel, the title should be inspected, together with mortgages, charges, restrictions, caveats and other competing interests, and the survey should be checked against the parcel that is being offered, including boundaries, access and easements. Planning and land-use approval, and any subdivision or change-of-use requirement, are administered by the Central Housing and Planning Authority, including through its single window. Construction and infrastructure agreements, completion and post-completion registration formalities should be considered at the same time as the title itself.
Where the proposed use may significantly affect the environment, or falls within a scheduled category under the Environmental Protection Act, authorisation may also be required from the Environmental Protection Agency. Utility connections, wayleaves, rates and any outstanding charges should be confirmed separately. A site inspection, and an understanding of how the land is actually occupied, will often reveal issues that a registry search alone does not.
State land and Government land, and lands held under the Amerindian Act, are special statutory regimes. Small- and medium-scale mining on Amerindian titled lands, for example, is subject to Village consent as well as to GGMC title, as noted in the firm’s [mining note](/insights/guyanas-mining-legal-framework). A private transport or certificate of title should not be assumed to exist simply because a parcel is occupied or has been fenced.
Section 15 of the Investment Act 2004 (Cap. 73:03) provides that, subject to the laws for the time being in force, investors may purchase or lease land in Guyana and dispose of or transfer their interests in or rights over the land. This review has not identified a general statutory prohibition on foreign ownership of private land. The Investment Act provision is expressly subject to other laws in force. Particular parcels, leases of State land, Amerindian lands, and titles connected with mining, petroleum or other regulated activities may be subject to conditions in the instrument or in another written law. The only safe course is to investigate the particular parcel, the registry in which it is recorded, and the statutory regime that applies to it, before exchange or completion.