by bill cobbett » Sat Feb 20, 2010 11:14 pm
Boys, here's an extract describing the 1946 Immovable Property (Tenure, Registration and Valuation) Law, inherited by the Republic in 1960.
It's the law that established the CY land registry system, and that gives legality to the kochans/associated cadastral maps. The only ownership is that recorded and updated by this system in lines of transfers of title back to 1946.
If Evkaf are recorded as owners, then they are the owners, if they ain't recorded, then they ain't.
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This law was enacted in 1946, replacing the Ottoman Land Law prevailing until then. It is considered to be A to Z of immovable property in Cyprus, dealing with all matters concerning the tenure, registration, disposition and valuation of immovable property, within the framework of the Land Registry system of Cyprus, which comprises all the works and means by which immovable property is technically defined and drawn, legally recognized, secured and financially valued.
The Land Registry system of Cyprus is unique, in that by its function the history of each piece of land is traced back to the date of the General Survey. The rights in land are defined and secured and all transactions relating to immovable property are safe and protected.
Cyprus is one of the 4 or 5 countries in the world which maintain such an accurate and effective Land Registry system. Moreover, with the completion of the computerization of all its services, it is expected that the services will not only be upgraded but also accelerated.
According to this law "immovable property" means:
(a) any land;
(b) buildings and other erections, structures or fixtures affixed to any land or to any building or other erection or structure;
(c ) trees, vines and any other thing whatsoever planted or growing upon any land and any produce thereof before severance;
(d) springs, wells, water and water rights whether held together with, or independently, of any land;
(e) privileges, liberties, easements and any other rights and advantages whatsoever appertaining or reputed to appertain to any land or to any building or other erection or structure;
(f) an undivided share in any property hereinbefore set out.
"Movable property" includes anything not constituting immovable property.
Section 40 of the law provides that ownership of immovable property or rights in immovable property can only be acquired by registration at the Land Registry, through the proper procedure described in the law and that such registration may only be effected by the registered owner of the property.
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