Co-owner of land

[ChristinaC]

Hi,

I co-own a large piece of land along with 5 other relatives. The land has been in the family for many years.
Whilst I have my own deeds it doesn’t specify which part of the land I own. Can I go on to the land to live? I want to build a small house on the land. legally am I able to do this? Do I need permission from the rest of the co-owners?

Thank you
Christina

[Nigel Howarth]

Hi Christina and welcome to the forum.

Yes, you can build on the land depending on zoning etc., but you need to remember that each of your five other relatives will own one sixth of the house and the land. I think you will also need their permission to build.

The best solution for you and your relatives is to divide the land into six individual plots. Having done that you will not need permission from your relatives to build and you will own 100% of the house and your plot.

But you also need to investigate the zoning of the land, the building density & coverage, and access to a public road to see what (if anything) you're allowed to build.

Regards,

[Pantheman]

Hi,

I co-own a large piece of land along with 5 other relatives. The land has been in the family for many years.
Whilst I have my own deeds it doesn’t specify which part of the land I own. Can I go on to the land to live? I want to build a small house on the land. legally am I able to do this? Do I need permission from the rest of the co-owners?

Thank you
Christina

Dear Christina,

You have a title for a share of the land. It is undivided and if I were to take a guess I would say it is an agricultural plot??

1st of all, agricultural land is no longer developable unless under certain condition. So the likelihood of secureing any planning permit will be very small.

Dividing the land will depend on the size of the land as each piece must obey article 27 (min extents) of Cap 224.

Then you have to worry about road access for each plot. And it can be very difficult dealing with family members especially if they think you will be better off!!

My advise is:

1. Get a distribution agreement drawn up to specify which piece belongs to which relative. You need to discuss with them or draw straws.

2. If it is large enough to usb divide, give access to the portions that don't have road access (assuming road access exists on the plot in the first place) and then draws straws for who gets what piece.

3. If you can afford to buy them out, solves most of your problems .

You can just go to the land registry, you will need a Dikolavi at best to help you do this work.

Where is your land btw??

[ChristinaC]

Thank you so much for your responses

The plot is a large residential plot in Larnaca - it’s over 17,000 square meters - it has a large road frontage

We have discussed splitting into individual plots, which I agree would be ideal but no one can agree or wants to put money towards it

If I did take a small section (Under my 1/6th entitlement) to build can they force me to leave or take it down?

[Pantheman]

Thank you so much for your responses

The plot is a large residential plot in Larnaca - it’s over 17,000 square meters - it has a large road frontage

We have discussed splitting into individual plots, which I agree would be ideal but no one can agree or wants to put money towards it

If I did take a small section (Under my 1/6th entitlement) to build can they force me to leave or take it down?

In order to subdivide residential and, you will need planning and building permits. You would need to make them into iokopeda, which can be very expensive.

You cannot apply for any permissions without their signatures. You best course of action will be to agree on a distribution agreement (symfonitiko dianomis). only this way an you can define each piece, who is responsible for what and who shares the costs, because no doubt there will be green area you need to leave and make as well as pavements etc.

[ChristinaC]

Thank you for all of your advice

If I can agree with the family to split the land officially into our own iokopeda with our own title deeds do you have an idea of how much this would cost?
Do we need to go via the Department of Lands and Surveys. Are there instances where a section of land could be given as opposed to payment ?

Thank you again for your help

[GSPORT]

Out of interest, I am looking for a suitable plot in the Larnaca (Centre, Aradippou, Oroklini, Kiti area) so if you guys do end up splitting it, selling it or selling a share of it, let me know!

[Pantheman]

Thank you for all of your advice

If I can agree with the family to split the land officially into our own iokopeda with our own title deeds do you have an idea of how much this would cost?
Do we need to go via the Department of Lands and Surveys. Are there instances where a section of land could be given as opposed to payment ?

Thank you again for your help

You cannot split residential land without planning and building permits. It's not just a case of drawing a line. You may lose green area, paving and any other road access required.

It cost will be quite high. And no they don't take plots for payment unless you find a willing developer.

[ChristinaC]

Hi,
You suggested before that the family agree to a distribution agreement - I think all six of us have now come to an agreement over who should get which piece of land. How to we get this formalised? Do we need to have proper plans drawn up with the land registry?

We have been advised that the plot is big enough to split into 14 separate building plots but not everyone is in a position to pay to have this done yet.

If we have agreed on a distribution agreement would this allow us all our own title deeds to do with as we wish?
Once we agreed who has what plot can we then sell if we choose or for those that can afford it pay to split their plots and build?
Do you know how we go about this and the costs involved?

thank you as always for your advice

[Nigel Howarth]

Hi Christina

I sent you an email yesterday. Please check your inbox.

Regards,

[ChristinaC]

thank you Nigel - just found it - went into Junk mail

best regards,
Christina