*** Applying for your Title Deeds ***

General questions & discussions on Cyprus property related matters
Andrew123
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Joined: 10 Jun 2014 14:11

Re: *** Applying for your Title Deeds ***

Post by Andrew123 »

Hi Nigel.

Having read your article "apply for your title deeds now", I wanted to ask for your take on our situation.

Our development is right at the end of the title deeds process but things have stalled because of notes due to issues of non compliance. They are apparently serious enough to prevent us selling the property on. The issues relate to upstairs apartments not having suitable fire doors and also some as yet undisclosed issue with the two drainage pipes that run under the development. It could relate to the pipes themselves, or their entry or exit points. Apparently the water and fire authorities are the objectors, not the local authority,

We want to force the developer to act to remedy theses issues but our local authority advises that the best way to do this is to get deeds issued to him and then he will be compelled to act within a certain timeframe. Is this realistic?

I'm really not sure how this sits with us applying for our deeds under the legislation quoted in your article. If we went down the route of applying ourselves, would this mean we lost the opportunity to force the developer's compliance because the deeds would come straight to us. Personally I don't want to accept deeds with notes. I'd rather the deeds were issued to the developer.

I'm really not sure I've explained this very well, but I'm happy to clarify any points if I can.
Nigel Howarth
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Hi Andrew

From what you say it seems there are a number of planning infringements. Fire doors are simple to remedy but I cannot comment on the drainage pipes.

I suggest you apply for the 'Compulsory Updating of Title' you can find the form at: http://www.news.cyprus-property-buyers. ... e-deed.pdf - complete it and take it to the Land Registry along with your Title Deed application form.

This should prompt the developer into action.

If it doesn't I'm afraid the only solution is to find out what work needs to be done and share the costs between the apartment buyers. You can then sue the developer to recover the costs and legal expenses. I know this isn't satisfactory but there is no other way to get 'clean' deeds.

Also I published an much fuller article a couple of days ago about getting deeds at http://www.news.cyprus-property-buyers. ... d=00126681

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Nigel Howarth
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timweaver
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Joined: 18 Apr 2016 15:47

Re: *** Applying for your Title Deeds ***

Post by timweaver »

Nigel, sorry to bother you, but I am enquiring on behalf of a Cypriot company with a Cypriot Director and mainly UK shareholders. My questions are:

1. Does the fast track to get title deeds apply when it is a company that owns the property, (a Villa that is rented out in this case)?

2. If so who would need to make the application - presumably the Director?

3. Would the company still get a 50% discount on the transfer fees if the title deed is issued before the end of 2016?
Tim Weaver, Pine Bay, Pissouri
Nigel Howarth
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Hi Tim & welcome to the forum.

I answered your question yesterday. Please refer to http://www.news.cyprus-property-buyers. ... ment-16314

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Claus
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Joined: 11 Jun 2009 12:54

Re: *** Applying for your Title Deeds ***

Post by Claus »

Dear Nigel,
We bought our house in 2010 (built in 2006). Our contract is at the land registry, there was no mortage on the house and so on. so we want to apply for title deeds according to the new regulations, have filled the form etc.. But we are told that we cannot, because the developer, Hassapis, owes a lot of taxes (for everything, I guess, not this development) Is it true that this will keep us from getting our title deeds? If it is, what is the point of this recent law?
Thanks,
Claus
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Hi Claus

The fact that your developer owes taxes will not prevent you getting your deeds. I suggest you apply a.s.a.p using my article ''Applying for Title Deeds".

Who told you that you cannot apply?

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Claus
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Re: *** Applying for your Title Deeds ***

Post by Claus »

Thanks, Nigel. We heard about this from 2 persons - a person who is trying to buy another property in the development got stuck on this - and the person helping us applying (who is supposed to know about the rules...) We will press on.

If the developer owes tax on our property, will we have to pay that tax?

Claus

Nigel Howarth wrote:Hi Claus

The fact that your developer owes taxes will not prevent you getting your deeds. I suggest you apply a.s.a.p using my article ''Applying for Title Deeds".

Who told you that you cannot apply?

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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Claus wrote:If the developer owes tax on our property, will we have to pay that tax?
No - you will not have to pay your developer's tax debts.

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Pipps
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Joined: 13 May 2016 10:31

Re: *** Applying for your Title Deeds ***

Post by Pipps »

My Contract was lodged with the Land Registry in 2005. Eventually we have come to the point of applying for our title deed only to be informed by the Land Registry via our Lawyer that the previous owners title deeds are still lodged with them. When our Lawyer contacted the previous owner to sign to have his Contract removed, he refused. It appears he did not realise his Contract was still lodged with the Land Registry and possibly sees this as an opportunity to gain financially before he will remove his Contract. How could the Land Registry accept my Contract when there was already one attached to the property?
This is a distressing situation to say the least. What would you advise?
cretaz
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Joined: 17 Feb 2020 13:28

Re: *** Applying for your Title Deeds ***

Post by cretaz »

Dear Sirs,

I bought house in 2005 year in Coral Bay ,Paphos, paid all amounts and bills.
I have gotten Title Deed ( N 903 978 94/2/9 from 10/10/2017. ) without any restrictions.But when I tried to sell my house last year somebody in the local officials told to my lawyer that I could not sell my house because there is a problem with a road and the deal was cancelled.The road must was build by developer. As I was told in the Department of Land and Survey today that the deal was blocked by Peyia Municipality( there is MEMO ) and my Property Right was infringed..We spent ten years to resolve the problems and to get Title Deed. I paid all taxes and another bills and I have Title Deed without restrictions and I have no debts.Please give me the advice.We have already paid too much extra money to various liquidation commissions and other organisations to get Title Deed.

Valery
mrburger
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Joined: 23 Feb 2020 13:39

Re: *** Applying for your Title Deeds ***

Post by mrburger »

In Uk and wish to buy a nice property we have seen but it has no title deeds. Solicitor says no problems . Builder went bust before he finished pavement outside that goes no where as its end of cul de sac with green belt next to it. They say it could take years and cost 12K to get deeds. Is this advice correct please
Pantheman
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Re: *** Applying for your Title Deeds ***

Post by Pantheman »

mrburger wrote: 23 Feb 2020 13:56 In Uk and wish to buy a nice property we have seen but it has no title deeds. Solicitor says no problems . Builder went bust before he finished pavement outside that goes no where as its end of cul de sac with green belt next to it. They say it could take years and cost 12K to get deeds. Is this advice correct please
Dear mrburger,
welcome to the forum.

I am not sure what you mean when you say the solicitor said 'no problem', no problem for what?? If there are unfinished items or other non conformances to the original plans it is possible for two things to happen:

a) You may never get a title deed, depending on the severity of the non conformances

b) There could be a very high cost involved. At this stage no one can say how much, high or low amount.

If you are not concerned about title deeds (and some people aren't), the one thing you MUST at least check is that there is no pre-developer mortgage on the land before the first buyer bought it. This could cause you many problems in the future if the bank decided it wanted to foreclose on the developer.

Eitherway, good luck
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Re: *** Applying for your Title Deeds ***

Post by Nigel Howarth »

Hi mrburger

The following phrase springs to mind - don't touch it with a ten foot bargepole!

If the developer has gone into liquidation, there's a good chance that the liquidator will sell the land to recover the developer's debts.

Do you know if the developer obtained building and planning permits? (It's illegal to build without them!)

Assuming that permits were issued, do the approved plans match what the developer has actually been built?

Has your lawyer carried out a search at the Land Registry to see if there are any issues like mortgages (see pantheman's reply), other debts, other 'encumbrances'?

Di the lawyer advise you in writing that there was 'no problem'?

I suggest you get a decent lawyer to look into these matters. Get in touch with one of the lawyers on the list provided by the UK Foreign & Commonwealth Office.

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howardinuk
Posts: 20
Joined: 04 Sep 2017 17:29

Re: *** Applying for your Title Deeds ***

Post by howardinuk »

hello Mr Burger,

As Nigel says........Run away at the speed of an Olympian.

The developers are crooks, their Lawyers are crooks and they all know each other in the Land Registry and local District offices.

As much as you may love the property there is another out there for you.

Mine comes to mind but I should not try to be my own agent on the forum.

I wish you well but be very very careful and go through an Embassy approved lawyer.

H
Chateau
Posts: 2
Joined: 29 Dec 2020 13:13

Re: *** Applying for your Title Deeds ***

Post by Chateau »

Hi Nigel - having just lost my wife I have some queries which I hoped you might be able to offer some advice on:-
1. We have an application in joint names being processed under the Trapped Buyers Law but I am not sure what action I need to take, if at all, given my wife has died? Does it need to be actioned through a solicitor?
2. Similarly, the Contract of Sale is in joint names - what action do I need to take and does it need to be actioned through a solicitor?
3. I have been told that when the Trapped Buyers process is complete and title deeds are ready that I do not have to actually buy them - I might prefer to sell it with a statement that Title Deeds Available - is the payment issue factually correct though?
4. I appreciate this is not necessarily your area of expertise but as the property and everything else passes to me from my wife's will (stipulated as drawn up under English law) does probate have to be involved?
Thanks for any advice you feel able to provide.
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