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Investment - Land Management for Investment Project

November 2015: Land Management for Investment (LMI) Project (known as the LAND Project)

The Millennium Challenge Corporation (MCC) and the Government of Cape Verde have signed a Compact (MCA-CV II). The Compact program includes a $17.3 million Land Management for Investment Project, which is expected to improve Cape Verde’s investment climate by refining the legal, institutional and procedural environment to create conditions for increased reliability of land information, greater efficiency in land administration transactions, and strengthened protection of land rights. The Project is contributing to the development and implementation of a new land management information and transaction system, as well as a systematic field operation to clarify parcel rights and boundaries in Sal island, to be followed by other islands with high investment potential (Boavista, Maio and São Vicente). In Cabo Verde, two different types of records systems coexist, one judicial and one municipal, and each contains partial information about only a limited share of the country’s land parcels. Additional records systems hold information about state-owned land. No source contains complete map-based information indicating actual location of a parcel of land over which a right is claimed. Confusion over ownership and boundaries has resulted in unauthorized land sales and the delay or cancellation of public as well as private investment projects, while small firms and households are also limited in their ability to create value and increase incomes through investment in their property. The land rights registration process is time-consuming and costly for all land users, hampering domestic and foreign investment and economic growth. The absence of a reliable and efficient property rights system is a constraint to effective economic development planning and the facilitation of investment linked to land use. As a result, the Government of Cabo Verde is seeking to create a single reliable and more easily accessible source of land rights and land boundaries information in order to strengthen Cabo Verde’s investment climate and to reduce land rights registration and transaction time and cost. The overall goal of the LMI Project is to reduce the investment constraints and transaction costs arising from unreliable land rights information, the lack of legally secure land rights and the time and the costs implied by the existing procedures. The LMI Project addresses policy and institutional reforms necessary to the launching of a systematic clarification and regularization of land rights process, and to modernize the mapping and registration systems.

The aim of the ongoing Operation is to clarify the boundaries of all parcels/properties in Sal, and associated rights, to ensure the reliability of land information entered into the newly created Land Cadaster information system. The implementation of the Land Cadaster, as the sole unified data base on propriety, will guaranty increased protection of land rights, as well a reduced time and costs in land transactions and registration.

Sal Island:

A briefing was held at the Morabeza Hotel on 10.12.2015 to inform English speaking owners of land and property on Sal about the new system and about ownership and the law. Click here to the presentation at the meeting:

{tag_icon} Cadastro Predial 2015 ({tag_filesize} KB)

Owners of property can meet individually with representatives from Cadastro Predial project for them to perform the measurement exercise of the building and to confirm their personal situation as regards. partnerships, joint ownerships, spouses and descendants. At the meeting owners will be asked to produce the following so that the registration can be completed:

•Certidão de Registo Predial - from the "Conservatória" - if you have this document most likely you already have (and if not, it is less necessary to us) the following documents:
•Escritura de Compra Venda - document that shows from who you bought it from. You get this document from "Cartório"
•Certidão Matricial (aka matriz) - This document is issued at the "Camara Municipal", used usually for local tax
•Planta de Localização - This document is issued at the "Camara Municipal", a design of where your property or land is located
•ID of the owner - passaport or BI (for national)
•NIF - Issued by the "Casa do Cidadão" / Ministry of Finance - it is a fiscal number that every property owner should have
If someone is married we also ask for the marriage certificate and regime, to certify if the spouse also have rights to the property (in case the name of the spouse is not included in the documents).

Further information can be obtained by visiting:

Web : http://cadastropredial.gov.cv/

Facebook: /cadastropredialcv

Linha verde Casa Cidadão: 8002008

Why you should look to using a professional

Pre-2009: Check with your own solicitor/lawyer that the land actually belongs to the builder/developer, as I have experience of asking the builder for a Certidao de Registo Predial, he couldn't produce one to prove he owned the land he was building on.

Check that plans have been approved; sometimes they may have to be adjusted by the developer if the plans do not meet the regulations, make sure you know exactly what has to be reduced on the property you are buying. If you are having plans changed then make sure they will get approval.

If the plans have been adjusted, ask for a revised contract to be drawn up. Make sure you get this checked over, as you would have done, with the initial contract before you sign.

If it is a small project of a number of apartments in one block and it has a flat communal roof, make sure it says 'communal' on all official documents that you are provided by the seller,clarify that this is on the documents/plans with your Lawyer, as all official documents have to be written in Portuguese but you can have a copy translated into English before you sign anything.

There may be some issues with the person selling land/property who may not be the legal owner of the land, so you must get this checked out.

Make sure plans have the words CAMARA MUNICIPAL stamped on each paper which shows the plans have been approved. Or ask for the official letter saying Aprovacao.

What you need to ask for:

1. Certidao de registo predia (to prove ownership of land)
2. Copy of the contract (to show your lawyer/solicitor)
3. Stage payment details
4. Completions date
5. Service charges per month

There may also be other things to consider that your solicitor/lawyer will make you aware of. Some developers will offer you a discount if you pay the 10% (or other %) deposit.

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