Legal Angles With Erica Marshall-Forde of Dentons Delany

Q&A with Erica Marshall-Forde

Sean: Erica, thank you for joining me. Before we get into the legal details, tell us about your role and your work across the Caribbean.

Erica:

I’m the Head of Property at Dentons Delany, which covers 13 English-speaking jurisdictions across the Caribbean. Whether you’re a developer, purchaser, seller, or investor, any property transaction in those territories is handled by my team.

Sean: Amazing. What do you enjoy most about your role?

Erica:

Property is a dream for many people, and I get to help bring those dreams to life. Developers come to us with concepts, and we guide them through planning laws, property laws, and structure the sale of their project.

For purchasers—whether local or from abroad—it’s about helping them achieve their dream of owning Caribbean property and navigating the legal path to make it happen.

Sean: Let’s start with basics. What are the key legal steps in a Barbados property purchase?

Erica:

Before any legal work, buyers negotiate their offer through their agent. Once accepted, it becomes an Offer & Acceptance document, which the vendor’s attorney uses to prepare the Sale and Purchase Agreement.

From there:

1. Drafting the Agreement – Vendor’s attorney prepares it and sends it to the purchaser’s attorney.

2. Review & Negotiation – We negotiate terms, protect our client’s interests, and settle the agreement.

3. Signing & Deposit – Purchaser signs first and pays the deposit. Then the vendor signs. At this point, we have an exchange of contracts—a binding agreement.

4. Due Diligence – We conduct title searches to confirm good and marketable title.

5. Preparation for Completion – Finalising transfer documents and arranging the exchange of funds for title.

6. Completion – Ownership passes from vendor to purchaser.

There are many details within each step, but that’s the process in a nutshell.

Sean: Many foreign buyers struggle with how long everything takes. What’s a realistic timeline?

Erica:

Typically, 60 to 90 days.

Barbados mainly uses unregistered title, meaning ownership is proven by physical title deeds going back at least 20 years. Because we must manually examine those deeds, title searches take longer than in countries with centralised digital land registers.

Other delays include:

• Land tax clearance (must be up to date and certified)

• Resolving vendor-side issues (taxes, deeds, estates, encroachments, etc.)

While 60–90 days can feel long to overseas buyers used to 30-day closings, it’s realistic for our system—and in some cases, faster transactions are possible if everyone is well prepared.

Sean: So preparation is key?

Erica:

Absolutely.

If sellers ensure everything is in order before going to market, transactions can close in less than 60 days.

Sean: How early should a buyer involve a lawyer?

Erica:

As soon as you’re serious about making an offer.

Your lawyer can clarify any questions that sit between the transactional and legal spheres, ensuring you enter the agreement fully informed.

Sean: What’s one misconception non-residents often have?

Erica:

Many assume a building or condition survey is a mandatory part of the process—because it is in many other markets.

Here, it’s not required.

But we do recommend doing one early, and buyers can also make their offer conditional on the results.

Sean: Are there any restrictions on foreign ownership in Barbados?

Erica:

No restrictions—which is a key reason Barbados is so attractive.

Non-residents only need Exchange Control approval from the Central Bank of Barbados. Their attorney handles this entirely.

Funds must:

• Arrive in foreign currency

• Be registered with the Central Bank

• Be tied to the specific property purchase

After registration, the Central Bank issues a TR Form, enabling transfer of ownership to a non-resident.

Sean: Can you explain the importance of title searches?

Erica:

We must ensure good and marketable title, meaning:

• No charges or mortgages still attached

• No third-party interests

• No encumbrances

• No unresolved ownership issues

For example, if a mortgage exists, we must confirm a formal release will be delivered at completion.

Sean: What are some common red flags that appear during review?

Erica:

Three big ones:

1. Missing or Lost Title Deeds

Most Barbados property still uses unregistered title, meaning the original deed bundle must be handed over at completion.

If the owner can’t find their deeds, they must be restored via the Land Registry—a process that takes 6–9 months.

Many owners choose to leave their deeds safely with their lawyer to avoid this.

2. Estates Not Finalised

If an owner has passed away, their estate must be legally administered before the property can be sold.

If unresolved, this can significantly delay the transaction.

3. Boundary Encroachments

A boundary survey may reveal:

• A structure encroaching onto a neighbour’s land

• A neighbour encroaching onto the seller’s land

These issues must be resolved or formally agreed before title can pass cleanly.

Sean: Can you walk through the typical costs—transfer tax, stamp duty, etc.?

Erica:

Seller costs:

• Property Transfer Tax: 2.5% (less an allowance for the building)

• Stamp Duty: 1%

Buyer costs:

• Title search expenses

• Recording and registration fees

• Legal fees

Sean: Some buyers use a trust or company. Why?

Erica:

It’s about structuring and estate planning.

Trusts:

• Make estate administration smoother on death

• Avoid probate delays

Offshore corporate structures:

• Can legally avoid the 3.5% total transfer tax and stamp duty on resale, when shares are sold offshore rather than the property locally

• Must be set up carefully and with tax advice from the buyer’s home country

Domestic or local companies do not avoid these taxes.

Sean: Are there legal differences between buying a condo, land, or a stand-alone home?

Erica:

For condos, you purchase:

• Your unit, plus

• A share of the common property (corridors, gardens, stairwells, etc.)

Houses and land are more straightforward freehold transactions.

Sean: What should buyers of off-plan or pre-construction units ensure?

Erica:

Two big things:

1. Approvals must already be granted

Buyers should confirm the developer has:

• Planning approvals

• Building approvals

• Any required permissions

2. Protection against delays

If the project runs significantly over time, the contract should include liquidated damages—a fixed dollar amount the developer pays per day or week of delay (unless an extension is mutually agreed).

Sean: What’s your top advice for someone buying in Barbados for the first time?

Erica:

Know the property you’re buying. Ask every question you can think of.

Even if you’ve bought property elsewhere, systems vary. Ask about:

• Age of the property

• Planning history

• Structural soundness

• Outstanding taxes

• Whether an estate is involved

• Whether a company owner is in good standing

No question is too small.

Sean: And for those who already own property—should they revisit their structure every few years?

Erica:

Yes.

Laws change, regulations change, and personal circumstances change.

For example:

• Offshore structures sometimes gain new filing requirements

• Owners may now have children and want to consider trusts

• Tax laws may shift

It’s wise to review every so often.

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Final Questions — Myth or Fact

Sean: Do foreigners need a special permit or licence to buy property in Barbados?

Erica:

Myth. No permit needed—just Exchange Control approval.

Sean: Do buyers need to fly to Barbados to complete a transaction?

Erica:

Myth.

Completion is a meeting between attorneys—buyers don’t need to be present.

Sean: Is buying beachfront property more complicated?

Erica:

Not if you have a capable attorney.

Sean: Erica, thank you so much. This has been incredibly informative.

Erica:

My pleasure.