Compensation for land taken for archeology dig

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Cantonathecat
Posts: 3
Joined: 27 Jul 2022 22:59

Compensation for land taken for archeology dig

Post by Cantonathecat »

Hi
In need of some advice, my mum passed away last year and I've only just got probate.in the uk
After a conversation with the family it has come to light that she had some land 13 thousand square meters in Dhali cyprus that was taken by the government in the 70s as it was of interest to the government as it may contain treasure trove
I think I have found the deeds
My cousin had come across a letter from the government made a offer on the land to his mum in 2007 with intrest from 9% then 4% intrest until a agreement has been met mum never received the offer in uk
So I am looking how to change the deeds from my mums name and to accept the offer from the government
The land was divided to 3 sisters and I owed 1-3
We have been told we can ask for more money but this seams like it can take years to negotiate and my gut reaction is that I don't want to wait years just to get a small increase
since the offer about 100000€ I really could do with it now as I doubt the government will ever agree to fair compensation or that it could go years of negotiations
So what is the procedure to change the deeds ? And then accept the offer from the government? Can this be dune from the uk? What taxes would need to be paid in uk and Cyprus and Costs
Everyone I ask is giving me divided options and need some real advice
Kind regards
Nigel Howarth
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Re: Compensation for land taken for archeology dig

Post by Nigel Howarth »

Hi Cantonathecat and welcome to the forum

Assuming mum didn't make a will in Cyprus, the first thing to do is her UK Will recognised by the Cypriot authorities. Her UK Will needs through a process known as 'resealing' and it will then go through probate in Cyprus.

This is likely to take a year, possibly more.

Once the court has issued a 'grant of probate', mum's assets in Cyprus can be disposed of according to her final wishes. (I.e. her land in Dhali and any assets in Cyprus can be transferred to you and your siblings (assuming they're included in her Will.)

You will need a lawyer to act on your behalf. As the land is in Nicosia District, I suggest you get in touch with Stelios Stylianou who is on the list provided by the UK Foreign, Commonwealth & Development Office. You can find Stelios details at https://stylianou.law/

I don't know how you go about accepting the offer from the Government, but I expect Stelios will be able to advise/help.

Regards,
Nigel Howarth
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Cantonathecat
Posts: 3
Joined: 27 Jul 2022 22:59

Re: Compensation for land taken for archeology dig

Post by Cantonathecat »

Ah it looks like a long road ahead I was hoping that the uk grant of probate would be recognised in Cyprus.

The Original will was given to the solicitor who arranged the grant of probate we have a copy but the official copy is available from the court

I have no siblings so I the only benfishry and also the the executor

The rest of the share holders of the land have got in touch with a solicitor
Who has said that we need to get a valuation on the land and let the valuer negotiate with the land registry , this could take up to 3 years,
he also stated that he wants to deal with this before changing the deeds to my name so I feel I dont want to wait 3 years of negotiations and would prefer to accept the government offer especially now you are telling me this will take over a year

So the best way forward is to speak to stereos
Kind regards and many thanks for the information
And as a last question do you know what documents will be needed for re sealing?
Nigel Howarth
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Re: Compensation for land taken for archeology dig

Post by Nigel Howarth »

Cantonathecat wrote: 28 Jul 2022 12:12do you know what documents will be needed for re sealing?
I don't, but I found information on the web that you may find useful - Grant to be obtained in Cyprus.

Stelios will be able to confirm.

(Unfortunately things take much longer in Cyprus than you would expect.)

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
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Pantheman
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Re: Compensation for land taken for archeology dig

Post by Pantheman »

Hello,

In any compulsory acquisitions, the government must have a valid reason for acquiring it. It cannot just 'was taken by the government in the 70s as it was of interest to the government as it may contain treasure trove' s you say.

What reason did they give. The interest was 9% until an amending law in 2014 that changed it to 3%. Any notices issues before the amending law retains the 9% until it changes.

If the land is compulsory acquired, the government have 3 years to carry out their intended objective, otherwise it can be resold back to the original owner at the same amount accepted.

If it was for mining purposes then the compensation is doubled.

If no offer was accepted, it is possible that they still went ahead with it placing the compensation in a special account until claimed, but like I said, what was the reason?

I would suspect that as an executor, once you have probate done in Cyprus you can then transfer it to the Gov without it being on your name.

But, you really do need to get more detailed legal advice as Nigel stated.

Good luck.
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Cantonathecat
Posts: 3
Joined: 27 Jul 2022 22:59

Re: Compensation for land taken for archeology dig

Post by Cantonathecat »

Hi
The reason the the land was taken was that of interest to the department of Antiquities, we where told there is archeology on the land and would be returned when i excavations had been conducted
Years passed and whenever my family questioned we just hit dead ends and accepted that this was the correct process years passes and I forgot about it
When my cousin was dealing with his mums estate in Cyprus he found the letter as his mums house dating a offer from the department of Antiquities in 2006, we never received the offer in uk
So the family were told by the land registry that offer is still live and would not be increased and is relevant
The family were advised to get a land valuation and a solicitor who has told us that he is willing to get a better deal but wants 10% on anything over original offer but this negotiations.could take over 3 years and would not change the deeds until litigation had finished
I felt.that I didn't want to wait that long and the offer from the government would be minimal, he based his case that we could now as the land to be classed as commercial and we would have a good case
Its so difficult to trust anyone is telling us the Complete story
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