PHILIPSBURG–A temporary solution is said to have been found to get the Mortgage Conservator and Land Registry (referred to as the Kadaster in Dutch) functioning again. The government foundation has been crippled for almost a month due to vital personnel legally empowered to sign off on all titles and deeds not being in place.
Civil notaries sounded the alarm about the stagnation of the Kadaster’s functioning last week, threatening to take legal action today, Monday, if a solution was not found to get the wheel moving again.
The Kadaster’s supervisory board has informed notaries that a solution will be in place and all pending requests will be handled post-haste. They hope to have a permanent solution within six months.
Going forward, the notaries have suggested regular meetings with the Kadaster to iron out reoccurring issues.
The stalled situation at the Kadaster has severely hampered the notaries’ work, the processing of building permits, and finances due to government’s coffers. The country has also lost very-much-needed land transfer taxes and other fees in the interim.
The public and the notaries were jeopardised due to the situation, as notaries cannot follow up on any land- or mortgage-related cases.
The Mortgage Conservator and Land Registry is the administrator and the guardian of the public registries of all immovable properties in St. Maarten. It has to register all title and rights (including encumbrances such as liens and mortgages) of any type of ownership of immovable property.
Changes in the ownership of an immovable property are carried out in St. Maarten by a civil law notary via an authentic/notarial deed or by a ruling of the Court.
Source: The Daily Herald https://www.thedailyherald.sx/islands/78616-temporary-solution-found-for-kadaster