Adjoining Plot

[Louise]

Hello,
We are about to buy a property in Pegia - is there a way of finding out what can be built on an adjoining plot, or who owns it?
Thanks
Louise

[Nigel Howarth]

Hi Louise and welcome to the forum,

It is 'difficult' to get this information in Cyprus as the laws here are very different to those of England and Wales:

In Cyprus

Information or documents in the public register of titles connected with the ownership of immovable properties, as well as charges or encumbrances over immovable property, are treated as confidential and therefore protected in the sense that the Land Registry’s practice is to give information about the status of such properties or copies of title deeds or details of the charges only to the registered owner or his duly authorised agent and attorney, or to the administrator of his estate or a judgement creditor of the registered owner.

In England and Wales

The Land Registry operates an open register which means that copies of all documents referred to on the registered title can be obtained by anyone, subject to payment of the necessary fee.

A document may be protected from the general right to inspect by making an application to the Land Registry for it to be designated an "exempt information document". The applicant must show that the information, if disclosed, would (or is likely to) prejudice its commercial interest. The Land Registry does not allow an applicant to exempt large sections of a document without apparent good reason, and certain information must always appear on the register such as price paid on a transfer or lease, or details of any restrictive covenants and easements.

Planning

Similarly, in England and Wales, the general public can view planning applications at their local planning authority – or on the Internet (as is the case in my former home town of Wokingham).

However in Cyprus information about planning applications is still not generally available, in spite of the ombudswoman Iliana Nicolaou saying that Municipalities that fail to disclose this information are breaking the law – see http://www.news.cyprus-property-buyers. ... s/id=00655

In the Pegia Municipality Cllr. Linda LeBlanc has tried to make planning applications more readily available. It may be worth checking at the Municipal Office to see if she’s had any success.

Regards,

[Louise]

Hi Nigel,
Thanks so much, I will try what you've suggested. Your website has been very useful, as we're buying a resale, there's not so much advice on the internet, and we've never bought in Cyprus before.
What we really want to do, is buy the plot next door....
thanks again,
Emma

[Nigel Howarth]

Hi Emma,

Perhaps the person you are buying from knows who owns the plot?

If you can get a cadastral plan (this is usually attached to the Title Deed) it may show the adjacent plots reference details. Your lawyer may then be able to find out who owns it from the Land Registry.

Regards,

[Louise]

Hi Nigel,
Never did find anything out, even with the plot number. hey ho.

We are however, progressing, can I ask two pieces of advice?

Is it usual for the solicitor to ask for their fees to be paid over at the same time as the deposit?
I seem to remember paying for this when the work had been completed in the UK?

...and if the power is off, pool empty etc, how do you cover yourself in case of repairs etc? we suggested keeping funds back for 28 days (with the solicitor), but apparently you cannot complete until full payment is made.

We are a bit worried the heating, AC, garage, pool etc will not work.

Any advice would be gratefully received.
Thanks
Louise

[Nigel Howarth]

Hi Louise

There is no fixed rule about solicitors' fees - some of them will ask for payment immediately - others will not. One of the problems here is that people are 'reluctant' to settle their bills - not necessarily Brits - and people like to be paid up-front.

Regarding keeping back funds - if you wanted to do this, your lawyer should have included a clause in your contract of sale and I guess it will be too late for him/her to do this now. (It is unusual to have this clause in a contract if you are buying resale).

Regards,

[Louise]

sorry....... meant to say thankyou, just realised I didn't reply.
Louise

[Nigel Howarth]

No need to apologise Louise, I hope my answer was useful.

Regards,

[Louise]

Hello again,
We've completed now, realise this is off original topic, but the land registry think our house is worth more than we paid for it, and more than the valuation - is this common? do we actually stand a chance of getting it reduced, or is it lightly they could increase it even more?

Thought we were finished - but aparently not!
thanks
Louise

[Nigel Howarth]

Hi Louise,

Yes - this is becoming more of a problem because the Government is looking for more revenue during this recession. You can read more about this at http://www.news.cyprus-property-buyers. ... /id=004712

I suggest that you speak with the manager at the Paphos District Lands' Office. As you will see from 'Case 3' in the above article someone else managed to appeal successfully.

Regards,

[Louise]

Fabulous. Thank you Nigel.
I've been arguing with Gulf air and Cyta today so might as well make it a clean sweep! The vendor didn't even have it on the market for as much as they've valued it!!!!!
....But aren't the Bank of Cyprus a good bunch! Very friendly and efficient.

By the way - I found out who owns the plot.....

Thank you again

Louise

[Nigel Howarth]

By the way - I found out who owns the plot.....

I would be very interested to hear how you found out. Someone else here wants to do the same.

Regards,

[Louise]

We asked the local villa rental company, really nice people - they do indeed seem to know everything about the area! Hope your people are lucky.

Still appealing the valuation, and trying to take over the phone line... that appears to be mission impossible without a pound of flesh.

But thanks for all your help, really enjoyed reading your website, so will continue to do so. Its an invaluable job your are undertaking for newbies like us.

regards
Louise

[Pantheman]

By the way - I found out who owns the plot.....

I would be very interested to hear how you found out. Someone else here wants to do the same.

Regards,

Nigel, you could just get a search done at the land registry. If you have the cadastral plan of the area incorporating the plot.

Also, ask at the muktars office.

[Nigel Howarth]

Thanks for the info Louise,

trying to take over the phone line... that appears to be mission impossible without a pound of flesh.

I guess you have a problem here because CYTA want a deposit from you because you do not have your Title Deeds.

Regards,