Understanding Cook Islands Property Law: A Complete Guide for Expats

webby — Tue, 06 Jun 2023 13:18:31 +0000

Understanding Cook Islands Property Law: A Complete Guide for Expats

June 6, 2023

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The "No Vacancy" Sign on Paradise

Alright, let’s get something straight right off the bat. Picture yourself lounging on a white sandy beach, sipping a fruity cocktail, enjoying the cool ocean breeze, and then thinking, “Gee, I should buy a piece of this paradise!” Well, in the Cook Islands, there’s a minor hiccup. Only Cook Islands’ nationals can own freehold land. Just imagine showing up at a hotel and finding a “no vacancy” sign. Bit of a bummer, right? But hang on! There’s a workaround.

The Leasehold: Your Golden Ticket

Ever thought about going on a long lease? We’re talking 60 years long. That’s roughly the amount of time you need to become a pro at the ukulele! Here’s the fun part – unlike some places that have knotty, eyebrow-raising lease agreements, the Cook Islands make it a breeze. As an expat, you can lease land from local landowners (with BTIB approval – but that’s a blog for another day). Just remember, it’s always smart to have a local lawyer guide you through the process because, let’s face it, legal jargon is less fun than learning to snorkel.

Transferring Land: Hot Potato with a Legal Twist

So, you’ve got yourself a long-term lease, and you’re all set. Now, you’re thinking about selling it someday. Hold your seahorses, because transferring leasehold land in the Cook Islands isn’t as simple as a game of hot potato. The lease can be sold, but the new tenant needs consent from the landowners who have the right of first refusal (again a blog for another day). Sounds like a good time to make some friends, doesn’t it?

Squatter's Rights: An Unexpected Twist

Remember when we said Cook Islands’ property law was fun? Here’s another twist for you. In the Cook Islands, if someone lives on a piece of land long enough without the owner’s objection, they might just get rights to it. This concept, known as “squatter’s rights,” is recognized in the Cook Islands, albeit in a more nuanced manner. It’s like a long-term surprise party – for the squatter, at least!

So there you have it! That’s your crash course in Cook Islands’ property law. Not quite the legal thrill ride you were expecting? Well, remember: in the end, all those legal shenanigans are the small price to pay for enjoying a slice of paradise. Here’s to your future of sun, sand, and, yes, the occasional law book. Cheers!

webby – Rokoika Law P.C

Understanding Cook Islands Property Law: A Complete Guide for Expats