Legal procedure to allow using private neighbor road

Legal questions answered by Cyprus property lawyer Louise Zambartas

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Manh
Posts: 2
Joined: 24 Aug 2021 11:13

Legal procedure to allow using private neighbor road

Post by Manh »

Dear Louise

I have a land in Cyprus and there is a public road in front of my land but it is much more convenience if I use my neighbor private road.

I have good relationship with my neighbor and till now I am allowed to use their private road to bring building material...

I asked them before if I can use their road officially and they seems ok with it under condition I have to pay to it.

What should I do to make it legal and I won't be block in the future?

Thanks
Nigel Howarth
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Location: Erimi, Limassol, Cyprus
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Re: Legal procedure to allow using private neighbor road

Post by Nigel Howarth »

Hi Manh and welcome to the forum

Louise rarely visits the forum these days due to the pressure of work. But you can find how to contact her firm by searching the Internet.

You'll need to come to an agreement with your neighbour to get right-of-way over his/her land. There is some information on page 14 of the Department of Lands & Surveys Citizens Charter.

Hopefully you'll be able to come to an amicable arrangement.

(Note that you cannot apply for a compulsory right-of-way as you're not completely surrounded by adjoining properties.)

Regards
Nigel Howarth
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Pantheman
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Joined: 26 Jan 2008 14:44
Location: Famagusta District
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Re: Legal procedure to allow using private neighbor road

Post by Pantheman »

Manh wrote: 24 Aug 2021 11:25 Dear Louise

I have a land in Cyprus and there is a public road in front of my land but it is much more convenience if I use my neighbor private road.

I have good relationship with my neighbor and till now I am allowed to use their private road to bring building material...

I asked them before if I can use their road officially and they seems ok with it under condition I have to pay to it.

What should I do to make it legal and I won't be block in the future?

Thanks
If you are only going through a single property and no other adjacent properties affected, under article 11 (1) (a) of Cap 224, you need to apply using form N251A. You would be better off of you had one of those agents that work outside the land registry fill in the forms. You will need an official and up to date copy of the cadastral plan showing the passage requested/being offered. The signature of the owner of that land needs to be authenticate by the Muktar or the government notary. The land registry will determine the cost based on the length and width of the passage.

It is much easier to get passage this way than asking via a compulsory method.

Good luck.
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