6 Real Property6.1 No private ownership to landIn Greenland, there is no privateownership of land as all landbelongs to the public. An areaallotment for a specific area maybe granted by the local authoritiesupon application giving the right touse the area for a specific purpose,such as the construction ofbuildings or other facilities.The right to mineral exploration orexploitation in a certain area isregulated under the MineralResources Act.Even though the land belongs tothe public, there are no landowneror indigenous rights to the interestsin Greenland.6.2 Area allotmentPursuant to the area legislation, itis possible to obtain a right to use acertain area for a specific purpose(area allotment).The authorities for areas withintown zones are the relevantmunicipalities,whiletheGovernment of Greenland is therelevant authority for open land,but see chapter 7 regardingmineral resource activities.12An area allotment is granted uponapplication giving an exclusiveright to use the area for thespecific purpose applied for (e.g.,construction of buildings) for anindefinite period of time. However,area allotments may be subject tocertain conditions, e.g., that abuilding permit is applied for orconstruction must be initiatedwithin a deadline.6.3 Stamp dutyAs a main rule, assignment of realproperty is subject to stamp duty.The stamp duty amounts to 1.5percent of the purchase value ofthe property, but not less than themarket value. Mortgage deeds arealso subject to a stamp duty of 1.5percent of the nominal value of themortgage deed.Prior to the grant of an areaallotment, an application will be putout for consultation with certainexceptions.A right to an area allotment ispersonal and transfer thereof issubject to approval by thegovernment. Also, an area allotment itself cannot be subject tosale or pledge.It is a condition for the transfer ofan area allotment that the transferalso involves a building. However,in this respect the municipalitieshaveinpracticeacceptedtransfers involving purchase andsale of a value added to the area,e.g. a foundation for a building.Charlotte PedersenPartner, attorney-at-lawcp@nuna-law.glKista Høegh NiclasenPartner, attorney-at-lawkh@nuna-law.gl
It seems that your browser's pop-up blocker has prevented us from opening a new window/tab. Please click the button below to open the link manually.
