Title Problems

Drop in & say hello
Post Reply
John sawyer
Posts: 3
Joined: 11 Nov 2014 19:12

Title Problems

Post by John sawyer » 13 Nov 2014 11:45

Hi can you help
About 10 years ago my wife and I, both UK residents, purchased a villa, through a well known estate agent. The villa was sited on a small piece of land in an agricultural part of Cyprus over looking the sea. The developer owned the land and constructed the property. The owner retained half of the land, the remaining land and the villa were sold to us. The contracts were drawn up by a lawyer recommended by the estate agents.
Approximately five years ago we requested that the lawyer concluded the documentation for registration with the land registry, to be advised that the owner was wrong to retain the land as he only had permission for the construction of one property on the plot. He has title for the total plot and is demanding an exorbitant price for the remaining piece of land so that we would own the plot in total, hence ensuring that title could be granted. Is this extortion and therefor criminal?
We are anxious to ensure that our investment in Cyprus both secure and would like the ability to sell it soon.
We have, through our lawyer, approached the civil court however the owner is employing delaying tactics and our lawyer has advised us that it will take about 3 years for this matter to be resolved.
Is there another solution through the criminal courts or should we seek the services of another lawyer, if they would be prepared to take it on from one of their kind?
Sorry for all the questions, but we are desperate to resolve the problem of my 500,000 plus investment.
Mr Worried



Nigel Howarth
Site Admin
Posts: 2499
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Title Problems

Post by Nigel Howarth » 13 Nov 2014 17:39

Hello John and welcome to the forum.

Unfortunately the police to not consider this type of thing to be a criminal matter, so you'll have to pursue through the civil court.

One thing you can do now to protect your interest is to get you name registered on the deed showing the percentage of the plot you own. This should be relatively straightforward.

Obviously your lawyer didn't do a very good job of protecting your interests in the first place! If you want to appoint another lawyer to act on your behalf you will have to discharge the present incumbent, collect the file and take it to your new lawyer. (The British High Commission publishes a list of English-speaking lawyers that you can find at https://www.gov.uk/government/uploads/s ... mplate.pdf ).

You can also make a complaint to the Cyprus Bar Association for 'inadequate professional services' - see http://www.cyprusbarassociation.org/v1/ ... l-services - There is a charge, but I can't find it on the website.

As for a civil case, these can take years!

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

Pantheman
Posts: 594
Joined: 26 Jan 2008 14:44
Location: Famagusta District
Contact:

Re: Title Problems

Post by Pantheman » 18 Nov 2014 16:22

Hello, and sorry to hear about your problem.

Obviously your lawyer AND agent did not look after you properly. You consider investigating proceedings against both as they both failed in their duty of care.

What portion of the land does your contract specify??? Is it half? Were you at least given a share of the land? These are matters even your agent should have advised upon, let alone the lawyer.

At the same time, there should also have been a distribution agreement to state that your share at least is the bit your house is on.

I mean bloody hell, such basic stuff. I'm sorry to say again, but I think you have been taken for a ride somewhere, but without seeing your contract I can say much else.

Get a different lawyer to start with and go from there.

Good luck

Pan


For all your property needs, we offer Trust, Integrity, Honesty.
FSB Properties Ltd
Registered and Licensed Real Estate Company Co. Reg. No. 795, Lic. No. 250/E
Member of ETEK Registration No. A201999
https://fsbproperties.com

John sawyer
Posts: 3
Joined: 11 Nov 2014 19:12

Re: Title Problems

Post by John sawyer » 19 Nov 2014 19:43

Many thanks for your replies, yes with hind site it would appear that we were stitched up, the vendor and the agents are high profile people in the village and are well known to each other. We did contact another lawyer but after outlining the problem, we heard no more.
I guess that we have to find a legal person willing to take it on, any suggestions.
John



Post Reply