Description
On 1 July, 2021, the Law Reform Commission (the “Commission”) resolved to consider whether the Settled Land Act (1998 Revision) (the “SLA”) should be retained in the Cayman Islands. This decision followed an initial examination of the history, purpose, and relevance of the Act.
Terms of Reference
The Commission conducted a comprehensive review of the development of the SLA, its legislative underpinnings, and current application with a view to determining whether reform is necessary and, if so, the nature and extent of such reform. The review included consideration of the following –
(a) the historical development of the SLA;
(b) reforms undertaken in the United Kingdom and other comparative jurisdictions; and
(c) the practical and legal difficulties arising from the continued operation of the SLA in the Cayman Islands.
Outcomes
On 1 September, 2023, the Commission published a Discussion Paper titled “Settled Land Act” for public consultation. The consultation period commenced on 1 September, 2023 and concluded on 1 December, 2023.
Following its review of consultation feedback, the Commission prepared its Final Report dated 10 March, 2025. In the Report, the Commission concluded that the existing statutory regime governing successive interests in land is unsatisfactory and overly complex.It recommended amending the SLA so that no future settlements can be created (while existing settlements are preserved). All future life interests in land should be governed by the instrument that creates them, the Trusts Act (2021 Revision), and the general law.
The Final Report was submitted to the Honourable Attorney General, accompanied by the Settled Land (Amendment) Bill, 2025.
Publications