Immovable Property Act, (1981) of the Bahamas: a Commentary

Abstract

The Government is implementing a new land policy. As a matter of policy, the Government has decided that Bahamian land will not be sold to foreigners. It is envisaged that there will Be exceptions to this policy when land is to be used for residential purposes by approved residents, and then only so much as is necessary for that purpose, and also where land is to be used for approved industrial or other developmental purposes having regard to the contribution that may be made to the development of the Bahamian economy and in accordance with Bahamian development goals. Although discretion is allowed in a wide area, land’ may not be sold to foreigners in the following cases: (A) Where land is adjacent to or near existing settlements or towns in the Family Islands as this will stand in the way of future expansion of such settlements; (B). Where land is b.eing sold or otherwise transferred by gift, will, ancestry or otherwise to a foreign government or agency except to the extent that foreign governments having diplomatic relations with the Bahamas will be allowed to acquire land sufficient for their needs; and (C) Where large tracts of land, islands and cays are being sold to foreigners except where prior approval for land use and economic development have been obtained.