Cyprus Property Forum for Buyers, Sellers & Investors

can 'owners' of property on a communal project use the 'blocked buyer's law to obtain their individual title deeds when the complex has not yet received the division permit? if so, what are the risks? how does one convert to a clean title?
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Hi Pauline

ANYONE who hasn't got their Title Deeds can apply for them. Please refer to my guide - Applying for Title Deeds.

I know that the Land Registries have sent thousands of files to the various municipalities, etc. to complete their work - and I expect that some of them involve applications for Division Permits.

Why do you think you will not receive a clean title? Any problems would have been picked up when the Planning Authority inspected the properties. (If you think there are problems, you should check with your local Planning Department.)

Regards,

My question was hypothetical. As we are in England most of the year, it's difficult for us to follow things up.
I wondered if there was a procedure to follow in the event of a problem coming to light.

Hi Pauline

OIC. There are no procedures to follow if any problems come to light. If there are any issues the Land Registry will notify you.

Regards,

should there be an anomaly, might the land registry issue a title deed with a memo attached? could one refuse to accept this? it would surely be worse that useless.

Hi Pauline

As you're waiting for a division permit, the planning authority will have inspected the development and issued a Certificate of Completion confirming that the estate has been built according to the various permits issued for its construction.

If during the process of division it is discovered that the estate encroaches land belonging to someone else, the encroaching properties will not be issued with deeds until the matter has been resolved.

Also if purchasers have bought with the aid of a home loan, this will be converted to a mortgage and a charge will be lodged against their property's Title by the lending bank.

If purchasers have any unpaid debts they may find that their creditor(s) lodge a memo against the title to their property.

As you have difficulties following things up you need to get things checked out by your lawyer here in Cyprus.

Regards,

Thanks for all this information and advice, Nigel. Is 'encroachment' a common problem in Cyprus, then? We have noticed that GPS mapping is now used. wWould this perhaps be having an effect on the Land Registry's perception of ownership, when compared with hand drawn plans. Mr M, as an engineer, is keen to know.
We are in Cyprus at the moment but unfortunately have left the documentation needed to follow this up in England.

Hi Pauline

Encroachment isn't usually a problem. From emails I've received it usually happens in the villages and agricultural areas where plots were marked out many years ago when they used to use chains (literally) to mark out plots. Since the introduction of GPS, the accuracy has greatly improved to such an extent that some old plots have 'moved'.

If it's a new development there shouldn't be any problem.

Regards

That's very interesting, Nigel, and confirms Mr M's theory. Of course places like Peyia were small villages until quite recently.

Hi Pauline

I haven't heard of any issues in Pegeia and modern developments shouldn't have a problem.

One case I heard of in the Paphos area involved four houses that had encroached on their neighbour's land. But the developer had the permission of the land owner to do so.

Regards,