"Own Risk" Disclaimer

Legal questions answered by Cyprus property lawyer Louise Zambartas

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HappyCamper
Posts: 28
Joined: 04 Jan 2018 19:48

"Own Risk" Disclaimer

Post by HappyCamper » 15 Dec 2018 20:22

This is an odd problem - but earlier in the year I bought an apartment in paphos where the developer (Pafilia) had clearly messed up the plans they submitted to the land registry (wrong numbers on flats, storage rooms etc). My Cypriot solicitor did not spot this. He would have done so had he asked for an inventory of the contents of each room listed on my Title Deeds.
All of the flats have small storage rooms on the ground floor that are numbered on Pafilia's plans, but in my case the numbered storage room on the plans is actually the meter room for the block used by EAC to host the 15 electricity meters for the block. The door to the meter room is unlocked so that owners and EAC can read the meters.
Although it is just a genuine mistake, my solicitor tells me that I do in fact own the meter room.
In addition to the meter room Pafilia built 15 storage rooms on the ground floor of the the block of 15 apartments. Obviously one of those storerooms is mine, one of which has been used by the previous owner of my apartment since the block was built. So that is the one I use.
I have asked Pafilia to sort this out by taking the meter room off my title deeds and replacing it with the correctly numbered storage room.
Needless to say they have just ignored me for over 6 months now.
I could just turn a blind eye to this and leave it as it is - as I do have a storage room to use in reality even though it is not the room shown on my Title Deeds.
But my UK solicitor has told me that I am potentially liable for any injury sustained by anyone entering the meter room. She tells me that I need to put up a notice stating that the Meter Room is private property and that anyone entering does so at their own risk. She also mentioned that I could fit a lock to the meter room door, but I am not sure that is wise!
Any advice - on the wording of a notice or locking the door - would be appreciated
tia Brian



Nigel Howarth
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Re: "Own Risk" Disclaimer

Post by Nigel Howarth » 16 Dec 2018 16:06

Louise rarely visits these days but you can contact her via her firm's website - L.G. Zambartas LLC.

As the room is registered to you I suggest you lock it and put a sign like the one at Electrical Switchroom.

This may also help you get your developer to sort out his mistake. The EAC will complain to the developer and so will your neighbours.

And you should get your lawyer in Cyprus on the the job to sort this out.

Regards,


Nigel Howarth
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HappyCamper
Posts: 28
Joined: 04 Jan 2018 19:48

Re: "Own Risk" Disclaimer

Post by HappyCamper » 16 Dec 2018 19:24

thank nigel

i have found another possible solution in the short term ....

a FB reply that I got .....
P I would have thought your solicitor could have sorted this one out. However, putting a sign up could help protect you in case anyone got hurt, plus if the complex has public liability insurance than you should be covered.
On the complex I lived on I had padlocks fitted that you can get from EAC, which they themselves can open to read the meter room. I then put an access key in a key safe and let all owners know the number so they could read their meter if they so wished.
I took this action to stop would be burglars turning off electricity to an apartment to see if anyone reacts who might be home. If no reaction they know it's safe to break-in.[



So I have now written to EAC requesting padlocks from them and will do what P suggests in the next few weeks. There should not be complaints from neighbours if the room is more secure and they still have access

longer term I will get my solicitor on it again - I don't hold out much hope though. He should have spotted this when he did the searches for my purchase tbh and I have very little confidence in him.



Nigel Howarth
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Posts: 2424
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: "Own Risk" Disclaimer

Post by Nigel Howarth » 16 Dec 2018 20:38

HappyCamper wrote:
16 Dec 2018 19:24
longer term I will get my solicitor on it again - I don't hold out much hope though. He should have spotted this when he did the searches for my purchase tbh and I have very little confidence in him.
Dump him and get a decent lawyer on the case.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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J B
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Joined: 08 Oct 2017 22:22
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Re: "Own Risk" Disclaimer

Post by J B » 16 Dec 2018 22:26

On our complex, the meter room is permanently locked with an EAC padlock as mentioned - always has been.

Two years ago we got into trouble with EAC bacause someone had tampered with the main fuse and fitted a 60a :roll:

Anyway, the conclusion was thus ....




-------- Forwarded Message --------
Subject: RE: Electricity Bill - 8418482769
Date: Thu, 24 Aug 2017 09:56:52 +0300
From: xxxxxx@Eac.com.cy>

Dear sir

In order to secure your meter room, you could buy a pad lock from the Electricity Authority of Cyprus. Electricity Authority sells that padlocks, that we have the master key in order to have access in the meter room, and then you could share that key with other residents.

Please do not hesitate to contact me for further information.

Best regards


--
J B


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