Cyprus Property Forum for Buyers, Sellers & Investors

Hi Nigel,

When we bought our property just over 3 years ago we were told that vendor had applied to the Land Registry for a separation of our plot from family land. The application had been made 4 years earlier.

We recently parted company with our ineffective solicitor and took the opportunity to visit the Land Registry to enquire about the title deeds. We learned that the application was to separate our plot of 1400 sq m and that it would not be approved as separations have to be a minimum of 2000 sq m.

It is obviously a great concern as we will never get title deeds unless the land is increased by 600 sq m. Not only is this physically very difficult but the vendor is unlikely to give it away.

I was wondering if you knew of this regulation and whether it is a recent one that they are applying retrospectively to a 7 year old application?

Peter

You must be talking about agricultural land. No it is not new, the 2000m2 min is very generous, if that is what they told you. Agricultural land cannot just be subdivided ad-hoc, there are conditions that apply.

Who sold you the land?? If a registered agent, they you may have grounds to sue his insurance.

You may have grounds for sueing your solicitor for negligence in this case.

The best you can hope for is to get a share of the land on a title deed to become co-owners. Get an architectual drawing done to show which piece is yours, get the 'family' member to agree and sign a document and then get them to transfer the said share to your name. This way it is yours and you can use it accordingly.

Now a problem may arise if you intended to build on it, thats another hurdle, but of prime importance is to get a title to your name to protect your investment.

Good luck.

Pantheman,

Thank you for your reply. Just to clarify we purchased an existing house on the land not just the land. We have all the permissions for the house and the separation was intended to remove it from the family plot thus providing our title deeds.

Suing a solicitor is a daunting task here although this was not the only negligent action she was responsible for.

The process you describe just seems to me to be another way of dividing the land by ownership and would I be right in thinking it would not have separate title deeds?

Peter

ips wrote:Pantheman,

Thank you for your reply. Just to clarify we purchased an existing house on the land not just the land. We have all the permissions for the house and the separation was intended to remove it from the family plot thus providing our title deeds.

Suing a solicitor is a daunting task here although this was not the only negligent action she was responsible for.

The process you describe just seems to me to be another way of dividing the land by ownership and would I be right in thinking it would not have separate title deeds?

Peter

When the house was built, they would have used the build density of the whole plot to get the licence. Depends on the zone of the and, but that aside for the moment, if you had a share of the land, you would get a seperate title deed to your name indication your share of the overall size of the plot.
Why can't they agree to five you another 600m2 to make up the min to get a separation? Ask to buy it if it makes you happier.

I am commenting on very limited information, but unfortuantely you seem to have had bad advice all round.

Does that answer your question.

Pantheman wrote:

ips wrote:Pantheman,

Thank you for your reply. Just to clarify we purchased an existing house on the land not just the land. We have all the permissions for the house and the separation was intended to remove it from the family plot thus providing our title deeds.

Suing a solicitor is a daunting task here although this was not the only negligent action she was responsible for.

The process you describe just seems to me to be another way of dividing the land by ownership and would I be right in thinking it would not have separate title deeds?

Peter

When the house was built, they would have used the build density of the whole plot to get the licence. Depends on the zone of the and, but that aside for the moment, if you had a share of the land, you would get a seperate title deed to your name indication your share of the overall size of the plot.
Why can't they agree to five you another 600m2 to make up the min to get a separation? Ask to buy it if it makes you happier.

I am commenting on very limited information, but unfortuantely you seem to have had bad advice all round.

Does that answer your question.

Thanks for your response.

I doubt very much that they would give up another 600m2 but it is another approach to negotiate with given their serious breach of the sales contract. I am certainly not in a position to pay for the land.

I think the next step would be to speak to a solicitor mentioning your suggestion regarding a share of the land and then evaluate all the options available with regard to the time-scales in which they might be implemented. I certainly don't want to wait for the Land Registry to faff around for another 7 years.

Pete

A share of the land can be given within a matter of days or even a couple of weeks. You will have to pay transfer fees though.

With regards to the 600m2, it can't cost that much, it would be agricultural land and they had a responsibility to give you a seperate title. Try 'scaring' them with leagl action if they refuse, I mean it aint that much, especially if you bought the rest. perhaps you could offer a payment scheme over time etc etc.

But getting a share on title is your best bet to secure your current investment.

Good luck.