N.50 to identify an unknown property owner—has anyone succeeded, and what evidence did DLS accept?

[tyiphoi]

Hi all,

I am interested in contacting a property’s owner to explore a possible purchase. There has been no prior contact or negotiation. I would appreciate "first-hand experiences", particularly:

1. What supporting documents did DLS accept? Was a signed declaration with a certified signature sufficient?
2. What information was supplied—the owner’s name, correspondence address, telephone number or email address?

The legal background appears straightforward. Section 51A(1) of the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224, as amended, requires the Director, upon payment of the prescribed fee, to provide interested persons with information relating to entries in Land Registry registers or books. Section 51A(2) includes someone who satisfies the Director that they are a prospective purchaser, but does not specify what evidence that person must provide.

DLS’s published instructions require an additional document establishing an applicant’s status if they are not the owner. They do not explain what would suffice where the owner is initially unknown.

There is relevant case law. In Beaumont and Sims v. Papakleovoulou (2010) 1 ΑΑΔ 525, the Supreme Court rejected the argument that Registry practice prevented buyers obtaining information, affirming their instructed lawyer’s statutory right to request and receive it. However, the seller was already known.

Republic v. Toka (1995) 3 ΑΑΔ 218 and Ioannou v. Attorney General, Civil Appeal 26/2021 (28 February 2024) address the appropriate court procedure for challenging refusals. None of these cases resolves what evidence is sufficient before contacting an unknown owner, or whether telephone numbers and email addresses must be disclosed.

Has anyone successfully obtained this information in that specific situation, personally or through a lawyer?

Many thanks,

Trevor

[Nigel Howarth]

Hi Trevor and welcome to the forum.

The laws in Cyprus are different to those in England and Wales:

In England and Wales

• The Land Registry operates an open register which means that copies of all documents referred to on the registered title can be obtained by anyone, subject to payment of the necessary fee.

In Cyprus

• Information or documents in the public register of Titles connected with the ownership of immovable properties and charges or encumbrances lodged against them are treated as confidential and unavailable for public inspection.

If you're buying a property, you can get the details. But you need to take a contract to buy the property that has been signed by the vendor. (This is part of the due diligence process.)

If you own a property, you can get a certificate of a neighbouring property if you wish to apply for a Boundary Dispute or for acquiring the right-of-way over the property.

If you visit the local Community Office, they may advise you who owns the property you're interested in - or perhaps the village Post Office.

This is a bit strange "DLS’s published instructions require an additional document establishing an applicant’s status if they are not the owner." I can't imagine any situation where the applicant and the owner are the same person?

Regards