Prohibition / Notice of action on land with co-owners

[donotjudge]

Hi all, its been a while since i've been here, hope everyone is well.

I co-own (50%) a land in Cyprus, Limassol and recently have had doubts put in me by a friend. They've told me to get a prohibition/notice of action on the land so co-owners cannot do anything 'illegal'. And that without this, I'd be at risk of the full land selling without my permission or forged signatures. My co-owners own a very, very large hotel chain and may 'know' people who can favour them. I am just wondering if it's worth the cost, as I'm tight on funds. My goal is to sell the land either to the co-owners or to sell it as a whole with the co-owners' cooperation.

I've not been able to find much information online regarding this action, and was wondering if anyone here had experience with such problems.

[Nigel Howarth]

Hi donotjudge - and welcome back.

I don't think you need to worry. If the other owner does something with the land illegally, it would result in significant reputational damage for the company.

I've heard of only one case where the local village villain sold someone else's land claiming it was his. He was found out and the land was returned to its rightful owner.

But there's one thing you can do with the cooperation of the other owner - divide the land into two plots - you'll both have to agree the boundary.

Regards,

[donotjudge]

Dear Nigel,

Thank you for your reply; it has helped my situation and my thinking.

I'm currently waiting for a response from their assistant; unfortunately, a division isn't feasible. Construction of roads and other infrastructure is something I cannot afford, and the land is on a steep slope, so it'd be rather difficult for a fair division.

Do you know if there are any documents or information pages on what happens if they're not cooperative, and I have to go through court to get a forced sale? I heard that if division is impractical and costly, the court would order a sale of the whole land, which would benefit me greatly. However i've not been able to find proper documents of this online.

Again, thank you for your help.

[Nigel Howarth]

Hi donotjudge

I don't know how you'd go about getting a forced sale, but I'm sure you'd need a court order.

You'll need to get legal advice on how to proceed. The UK Foreign Commonwealth & Development Office publishes a list of English-speaking lawyer in Cyprus. You can start your search at Find a professional service abroad.

L Zambartas is one of the law firms on the list. You can find their contact details at L. Zambartas LLC.

Regards,

[Pantheman]

Dear donotjudge,

Can you say what zone the land is in and how big it is??

Depending on your answers, these are the actions you could take.

(btw, listening to any Tom, Dick or Harry about land laws is not advisable, they cannot do the things you have been 'advised' of, hence seek professional advice)

1. You can sell you half freely, but if you do not have a distribution agreement in place when you bought it, you co0owner can cause you delays and inconveniences.

2. First you have to offer it to your co-owner at the price you wish to sell and if he does not want it, he needs to sign a declaration saying so.

3. In the event he doesn't or you don't want to ask him, once you find a buyer, you go through the motions , he pays transfer fees and the price to the land registry and you must advertise it in 2 daily news papers for 30 days. If no one comes forward the sale gets completed with the new buyer, if they co-owners do come forward, then they pay the price and TFs and the original buyer has his money returned from the land registry.

4. If the size of the land is such that is cannot be subdivided ref Article 27 of Cap 224 (minimum extents), you can apply for a certificate of indivisibility (Form ΔΕ177) from the land registry and once you have this you can apply again to the land registry for a forced sale by auction . Article 28(1)

So take your pick. You do not need to go to court for this matter. Get one of those 'land registry service agents to do the paperwork for you.

Good luck.