Land Registry

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Diane
Posts: 2
Joined: 12 Dec 2017 08:26

Land Registry

Post by Diane »

After 14 years of owning my apartment I have been told that it is not registered to me at the land registry. I spoke with my solicitor who said that in 2003 resales were not registered is this correct?

I am now selling my apartment but there is some problem with tax clearance for the previous owner who is still registered at the land registry has owning it.

If the previous owner refuses to pay the tax he owes what happens with the sale.

I am feeling so annoyed with my solicitor because surely this should have been paid when the sale went through to me?
Nigel Howarth
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Re: Land Registry

Post by Nigel Howarth »

Hello Diane and welcome to my property forum.

All property is registered - there are no exceptions.

When you bought in 2003 your lawyer will (should) have deposited your contract of sale at the Land Registry. But in those days the property couldn't be transferred and registered in your name immediately as you would have needed approval from the Council of Ministers to own the property. Hopefully your lawyer will have applied on your behalf.

Once you'd received Council of Minister's approval, the transfer and registration of the property in your name should have gone ahead (assuming there was a Title Deed). But to achieve this transfer the person you bought from will have needed to present receipts at the Land Registry confirming they'd paid any relevant taxes - or instructed their lawyer to do do so under a Power of Attorney.

I guess this didn't happen (your lawyer should have checked.)

If the previous owner refuses to pay I'm afraid that you'll have to pay.

You could also register a complaint about your lawyer with the Cyprus Bar Association on the grounds of 'inadequate professional services'. The fee is €68 and you can find details at Inadequate Professional Services. But I don't hold out much hope of your complaint getting anywhere - the Cyprus Bar Association is more like a Trade Union protecting its members rather than protecting the public.

Regards,
Nigel Howarth
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Pantheman
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Re: Land Registry

Post by Pantheman »

Diane wrote: 12 Dec 2017 08:34 I spoke with my solicitor who said that in 2003 resales were not registered is this correct?
Your lawyer is totally incompetent and needs to surrender his licence. What utter BS he/she fed you, to cover their negligence.

Your problem is not only one of tax clearance, but if the original owner has debts it could be repossessed, or he could sell it from under you.

You need to find immediately another lawyer, to draw up a contract stating that the original buyer has sold it to you and thus deposit it that contract at the land registry. Hopefully there will be no memos or other encumbrances when you do this as it may affect your future selling ability.

You should act now, you cannot sell the property because technically 'it is not yours', according to the land registry. If you have the original contract of sale this will help your case, don't lose it as it will cost you the property.

Sorry to hear about such useless, good for nothing lawyers.

You should take action against him for this, you may be able to sue for compensation!!!

Good luck.
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