Cayman Island Legal System
Cayman Islands have enjoyed economic and politic stability throughout its history. There is a good legal and judicial system in place, constantly evolving for Caymanian society under the guidance of the Law Reform Commission.
Caymanian Law and the Courts system is based on English common law. Minor and civil cases are heard before a Stipendiary Magistrate in Summary Court. More serious cases are tried in the Grand Court by our resident Judges.
Appeals from the Grand Court are tried in the Cayman Islands Court of Appeal. Cases thereafter go to the Judicial Committee of the Privy Council in England.
Which Legal Services do I need when purchasing property?
Property Law is another measure in place to secure the islands stability. Property transfers and title searches are deemed manageable for the layperson, just as our strict building codes are lengthy but straightforward. However because of these rigorous planning and zoning bylaws, and the attending documentation, the process can become daunting.
For example, unlike in other markets, you do not pay for title insurance in the Cayman Islands, it is not a requirement. Therefore meeting with a local attorney to research your title means having an expert in local property law quickly uncover any liens or issues with that title. Your attorney will file the necessary documentation with the Lands and Survey office more efficiently than you would when going through the process alone.
You should budget between 0.5 – 1% of the purchase price for attorney fees, although increasingly these are negotiable.
If you are financing your purchase, your mortgage lender will employ an attorney to represent the bank to complete the sale.