Hi Ku
The registering of your Purchase Contract with Land Registry is called Specific Peformance and makes you the beneficial owner of the land.
However, it could be a long time before the land is rezoned from Agricultural to Building.
I still do not see why your plot was not sub-divided five years ago. I welcome Nigel's comments on this; I think you should speak to your solicitor.
Lana
Land Registry Department
46 posts
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by nhowarth » Sat Sep 16, 2006 4:29 pm
Hi Kuchan,
I believe that what you have bought is a share in plot of land. The land has not been divided, but your name will appear on the Title Deed for the whole of the 40,000 sq.m as one of the co-owners.
You do not need to build a house to get a separate Title Deed for the plot you've bought. The developer has to submit an application for it to be split. This application may be rejected if the land is agricultural - there are certain rules about dividing agricultural land - unfortunately, I don't know them all.
If you want to build, you need to get Planning Permission and Building Permits, but I suspect that the developer may have already applied for these and his application was rejected (hnce his application to the Council of Ministers). There are also certain areas where you cannot build.
You may also find that the building density is very low - 1%, 4%, 6%, or 10%. All this sort of information will be shown on the Title Deed and a visit to the Town Planning Authority in Paphos may identify what problems may be.
Regards,
I believe that what you have bought is a share in plot of land. The land has not been divided, but your name will appear on the Title Deed for the whole of the 40,000 sq.m as one of the co-owners.
You do not need to build a house to get a separate Title Deed for the plot you've bought. The developer has to submit an application for it to be split. This application may be rejected if the land is agricultural - there are certain rules about dividing agricultural land - unfortunately, I don't know them all.
If you want to build, you need to get Planning Permission and Building Permits, but I suspect that the developer may have already applied for these and his application was rejected (hnce his application to the Council of Ministers). There are also certain areas where you cannot build.
You may also find that the building density is very low - 1%, 4%, 6%, or 10%. All this sort of information will be shown on the Title Deed and a visit to the Town Planning Authority in Paphos may identify what problems may be.
Regards,
- nhowarth
- Contributor
- Posts: 400
- Joined: Fri Jan 06, 2006 3:08 pm
- Location: Erimi, Limassol District, Cyprus
by kuchan » Sat Sep 16, 2006 11:24 pm
Hi, Lana and Nigel
The land was bought and registered to the developer ten years ago. I vaguely remembered seeing the title deed together with the surveyed plan. I only bought a portion of that land ie 2000 m2.
Yes, the density of the land is about 10 %. I was told it was possible to build a couple of houses on my land. At the moment, I have no intention of building it as I am not yet retired.
It has been a long five years that the land is not being divided that worries me. The developer was telling me porky pie in the first place that the land would be divided within two years.
Now, from all the valuable information and experience given to me, my heart is more settled that I am the beneficial owner of that land. At least, I am not being cheated by the developer.
I will find out more of my land from Paphos Land Registry and would call my lawyer of any further development of the transfer of title deed.
Thanks again for all your effort which I am most grateful.
Regards
Ku
The land was bought and registered to the developer ten years ago. I vaguely remembered seeing the title deed together with the surveyed plan. I only bought a portion of that land ie 2000 m2.
Yes, the density of the land is about 10 %. I was told it was possible to build a couple of houses on my land. At the moment, I have no intention of building it as I am not yet retired.
It has been a long five years that the land is not being divided that worries me. The developer was telling me porky pie in the first place that the land would be divided within two years.
Now, from all the valuable information and experience given to me, my heart is more settled that I am the beneficial owner of that land. At least, I am not being cheated by the developer.
I will find out more of my land from Paphos Land Registry and would call my lawyer of any further development of the transfer of title deed.
Thanks again for all your effort which I am most grateful.
Regards
Ku
- kuchan
- New Member
- Posts: 16
- Joined: Sat Dec 03, 2005 4:50 pm
- Location: uk
by elko » Sat Sep 16, 2006 11:57 pm
I live in north Cyprus and therefore I am not aware of the latest situation in the south legally. I believe that there are restrictions as to size about dividing up agricultural land. For instance land without any means of irrigation could not be divided up into smaller portions than 5 donums. The limitation for land which can be irrigated is I think one or two donums. Indeed planning permission is required to convert agricultural land to building plots and thus divide it up into smaller parts. The standard building plot was 70 by 80 feet, i.e. 5600 square feet or nearly 520 square meters.
I do not understand why it should take so long to get permission to convert agricultural land to building land. What happens if this permission is not given? I think in that event you should be entitled to 2000/40000th i.e. 1/20 th of the total land and get a title deed accordingly.
Once you register your contract with the Land Registry Office "The Specific Performance Law" gives you the option to sue the contracting party and get the title deeds by order of the court if the other side defaults. I am sure there is a time limit to do this, otherwise you lose your right to specific performance, i.e. you can only sue for compensation. According to 1960 version of this law when the ROC was set up this time limit was 2 months which made it obsolete in modern times. I am glad that in the south this law was amended but what is the current time limit? Five years may be over the limit already, please check.
ismet
I do not understand why it should take so long to get permission to convert agricultural land to building land. What happens if this permission is not given? I think in that event you should be entitled to 2000/40000th i.e. 1/20 th of the total land and get a title deed accordingly.
Once you register your contract with the Land Registry Office "The Specific Performance Law" gives you the option to sue the contracting party and get the title deeds by order of the court if the other side defaults. I am sure there is a time limit to do this, otherwise you lose your right to specific performance, i.e. you can only sue for compensation. According to 1960 version of this law when the ROC was set up this time limit was 2 months which made it obsolete in modern times. I am glad that in the south this law was amended but what is the current time limit? Five years may be over the limit already, please check.
ismet
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- Contributor
- Posts: 290
- Joined: Wed Jan 11, 2006 9:27 am
by nhowarth » Sun Sep 17, 2006 12:12 pm
Hi Ku,
> Yes, the density of the land is about 10 %.
In that case, based on a 2,000 sq.m plot, you could potentially build a 200 sq,m property. BUT you would need Planning Permission and the required buiding permits.
> I was told it was possible to build a couple of houses on my land.
Who told you that - the person selling the land or the Town Planning Office?
> The developer was telling me porky pie in the first place that the land would be divided within two years.
I guess he was telling porkies. He needs to submit an application for the land to be split. Here are the details that I've copied from the Ministry of the Interiors website
DIVISION AND PARTITION OF AGRICULTURAL LAND
The division of agricultural land is possible, where each one of the new plots, proposed to be created, have (as the case may be) the extent given herein below.
a. Not less than 1338 square metres for plantations (i.e. land completely covered with trees planted in a standard alignment and in the crop bearing stage), vines, gardens (orchards), forests (e.g. pine forests), land irrigated by a perennial or seasonal source of water and land capable of being irrigated by a perennial source of water (irrigable land is an expanse of land connected to the public water works regardless of whether it receives or not irrigation)
b. Not less than 2676 square metres for land capable of being irrigated by a seasonal source of water.
c. Not less than 6689 square metres for dry land.
d. The minimum extent for the new plots in areas where consolidation has been completed upon division of any land is the double of the extent mentioned above. The Head of the Land Consolidation Department may determine with a notice published in the Official Gazette of the Republic that the minimum extents referred to in paragraphs (a), (b) and (c) shall apply also for specified consolidated areas.
In addition to the above requirements, every new plot should and may be properly and conveniently held and enjoyed as a separate and self-contained tenement.
Procedure – Form
The owner of the land, whose division is requested, must file an application (whether handwritten or typed) with the Lands Office of the District where the property is situated.
The application must include the name, address, and identity card number of the applicant and/or of any other person in whose name the property is to be registered.
Documents attached to the application form
a. Certificate of registration of the property.
b. Certificate from the mukhtar of the village or quarter within the boundary limits of which the property is situated mentioning whether the property is property is supplied with irrigation by an Irrigation Division the applicant must attach the relevant certificate. Where such property is irrigated from a well or borehole, a permit to dig and draw water from the well or borehole must be attached to the application. A survey plan must accompany the permit, on which the position of the well or borehole ismarked.
The application is accepted upon payment of the prescribed fees (see Fees and Charges).
After a local enquiry carried out in the presence of the interested parties, notified in advance of such enquiry, the Director shall approve the division, register the plots and issue the new certificates of registration.
Time required for completion of the procedure: 12-18 months
> I am not being cheated by the developer.
The land (or rather an undefined 2,000 sq.m part of it) is yours. But I feel the developer has cheated you by saying that you could build on it. One of the issues with buying a share is that there's no way of formally recording which part is yours. So everyone owns a share of your land and you own a share in everyone elses.
I will find out more of my land from Paphos Land Registry and would call my lawyer of any further development of the transfer of title deed.
If you visit the District Lands Office in Paphos, you can ask for a copy of the Title Deeds - that will show the names of all the co-owners. It only costs a few cents - here's what you need to do:
COPIES OF CERTIFICATES OF REGISTRATION
Law, Cap. 224 (Article 59) Law 9/65 (Article 48)
Any registered owner of the immovable property, who has lost his/her certificate of registration, may request and obtain a copy thereof from any District Lands Office.
Furthermore, any registered owner of an immovable property, whose plot is mortgaged, may request and obtain a copy of his/her certificate of registration for purposes of constitution of any subsequent mortgages on his/her property.
Application Form
There is no specific form on which the application for the issue of a copy of the certificate of registration may be filed. The Department accepts both handwritten and typed applications. A specimen of such application is found herein below. The application may have the same or a similar wording as the case may be.
Applicants
All applicants must be the registered owners of the properties and must appear in person at any District Lands Office or have their signature duly certified either by a Certifying Officer or mukhtar.
Applications filed by attorneys
Applications may also be submitted by any attorney upon instruction of his/her clients who are registered owners of properties.
Properties held in undivided shares
All registered owners may request and obtain a copy of the certificate on which the names of all registered co-owners are shown.
Requirements
The application must contain the correct particulars of both the property and the applicant/owner as shown on the certificate together with any variations thereof and as indicated on the identity card.
All prescribed fees are payable at the Department
Time required for completion of the procedure:
Copies are normally issued on the same day or on the day following the filing ofthe application.
Note:
Where the applicant has no proof of his/her registered properties, he/she must first apply for a search certificate and file an application for a copy of the certificate of registration for any property, to be issued in his/her name.
APPLICATION FOR THE ISSUE OF A COPY OF THE CERTIFICATE OF REGISTRATION (TITLE) OF IMMOVABLE PROPERTY
Name: …………………………
Identity Card No.:……………..
District Lands Officer
…………………………
Dear Sir,
I request a copy of the Certificate of Registration (title) of my immovable property registered under No. …………….situated in town/quarter/village………….…………..plot No. …………., sheet/plan………….., block…………..
a. because the first certificate issued was lost*
b. for purposes of 2nd,3rd, etc.…………..mortgage*
c. to include all registered co-owners*
Yours sincerely,
…………………………
*delete what is not applicable
As elco has pointed out, there are some issue with getting Agricultural Land sub-divided.
If you/the developer is successful in dividing the land, you then have to apply for Planning Permission. That's a whole new ball game - a few things to bear in mind:
Regards,
> Yes, the density of the land is about 10 %.
In that case, based on a 2,000 sq.m plot, you could potentially build a 200 sq,m property. BUT you would need Planning Permission and the required buiding permits.
> I was told it was possible to build a couple of houses on my land.
Who told you that - the person selling the land or the Town Planning Office?
> The developer was telling me porky pie in the first place that the land would be divided within two years.
I guess he was telling porkies. He needs to submit an application for the land to be split. Here are the details that I've copied from the Ministry of the Interiors website
DIVISION AND PARTITION OF AGRICULTURAL LAND
The division of agricultural land is possible, where each one of the new plots, proposed to be created, have (as the case may be) the extent given herein below.
a. Not less than 1338 square metres for plantations (i.e. land completely covered with trees planted in a standard alignment and in the crop bearing stage), vines, gardens (orchards), forests (e.g. pine forests), land irrigated by a perennial or seasonal source of water and land capable of being irrigated by a perennial source of water (irrigable land is an expanse of land connected to the public water works regardless of whether it receives or not irrigation)
b. Not less than 2676 square metres for land capable of being irrigated by a seasonal source of water.
c. Not less than 6689 square metres for dry land.
d. The minimum extent for the new plots in areas where consolidation has been completed upon division of any land is the double of the extent mentioned above. The Head of the Land Consolidation Department may determine with a notice published in the Official Gazette of the Republic that the minimum extents referred to in paragraphs (a), (b) and (c) shall apply also for specified consolidated areas.
In addition to the above requirements, every new plot should and may be properly and conveniently held and enjoyed as a separate and self-contained tenement.
Procedure – Form
The owner of the land, whose division is requested, must file an application (whether handwritten or typed) with the Lands Office of the District where the property is situated.
The application must include the name, address, and identity card number of the applicant and/or of any other person in whose name the property is to be registered.
Documents attached to the application form
a. Certificate of registration of the property.
b. Certificate from the mukhtar of the village or quarter within the boundary limits of which the property is situated mentioning whether the property is property is supplied with irrigation by an Irrigation Division the applicant must attach the relevant certificate. Where such property is irrigated from a well or borehole, a permit to dig and draw water from the well or borehole must be attached to the application. A survey plan must accompany the permit, on which the position of the well or borehole ismarked.
The application is accepted upon payment of the prescribed fees (see Fees and Charges).
After a local enquiry carried out in the presence of the interested parties, notified in advance of such enquiry, the Director shall approve the division, register the plots and issue the new certificates of registration.
Time required for completion of the procedure: 12-18 months
> I am not being cheated by the developer.
The land (or rather an undefined 2,000 sq.m part of it) is yours. But I feel the developer has cheated you by saying that you could build on it. One of the issues with buying a share is that there's no way of formally recording which part is yours. So everyone owns a share of your land and you own a share in everyone elses.
I will find out more of my land from Paphos Land Registry and would call my lawyer of any further development of the transfer of title deed.
If you visit the District Lands Office in Paphos, you can ask for a copy of the Title Deeds - that will show the names of all the co-owners. It only costs a few cents - here's what you need to do:
COPIES OF CERTIFICATES OF REGISTRATION
Law, Cap. 224 (Article 59) Law 9/65 (Article 48)
Any registered owner of the immovable property, who has lost his/her certificate of registration, may request and obtain a copy thereof from any District Lands Office.
Furthermore, any registered owner of an immovable property, whose plot is mortgaged, may request and obtain a copy of his/her certificate of registration for purposes of constitution of any subsequent mortgages on his/her property.
Application Form
There is no specific form on which the application for the issue of a copy of the certificate of registration may be filed. The Department accepts both handwritten and typed applications. A specimen of such application is found herein below. The application may have the same or a similar wording as the case may be.
Applicants
All applicants must be the registered owners of the properties and must appear in person at any District Lands Office or have their signature duly certified either by a Certifying Officer or mukhtar.
Applications filed by attorneys
Applications may also be submitted by any attorney upon instruction of his/her clients who are registered owners of properties.
Properties held in undivided shares
All registered owners may request and obtain a copy of the certificate on which the names of all registered co-owners are shown.
Requirements
The application must contain the correct particulars of both the property and the applicant/owner as shown on the certificate together with any variations thereof and as indicated on the identity card.
All prescribed fees are payable at the Department
Time required for completion of the procedure:
Copies are normally issued on the same day or on the day following the filing ofthe application.
Note:
Where the applicant has no proof of his/her registered properties, he/she must first apply for a search certificate and file an application for a copy of the certificate of registration for any property, to be issued in his/her name.
APPLICATION FOR THE ISSUE OF A COPY OF THE CERTIFICATE OF REGISTRATION (TITLE) OF IMMOVABLE PROPERTY
Name: …………………………
Identity Card No.:……………..
District Lands Officer
…………………………
Dear Sir,
I request a copy of the Certificate of Registration (title) of my immovable property registered under No. …………….situated in town/quarter/village………….…………..plot No. …………., sheet/plan………….., block…………..
a. because the first certificate issued was lost*
b. for purposes of 2nd,3rd, etc.…………..mortgage*
c. to include all registered co-owners*
Yours sincerely,
…………………………
*delete what is not applicable
As elco has pointed out, there are some issue with getting Agricultural Land sub-divided.
If you/the developer is successful in dividing the land, you then have to apply for Planning Permission. That's a whole new ball game - a few things to bear in mind:
- You may be denied planning permission for a dwelling.
It may prove prohibitively expensive to get electricity and the telephone to your land and/or you may have to wait many years.
You may not be able to get water piped to your land and have to rely on tanker deliveries or a borehole.
You may have to give up part of the land for roads, pavements and amenity areas.
There may be no right-of-way to access the land or the right-of-way may be insufficient to make full use of the property. In this situation you may claim a right-of-way from adjoining properties on payment of reasonable compensation to their owners.
The ground conditions may make the land unsuitable for building or there could be a seasonal water course running through it; a geological survey is recommended.
If the land is more than 600 feet from a public road, permission to build a dwelling on it will almost certainly be refused.
Regards,
- nhowarth
- Contributor
- Posts: 400
- Joined: Fri Jan 06, 2006 3:08 pm
- Location: Erimi, Limassol District, Cyprus
by kuchan » Sun Sep 17, 2006 10:45 pm
Hi, Elco & Nigel
Wow, the information is most valuable.
I will ask my solicitor to get me copies of Certificates of of registration. Failing that, I would go to Phapos for a short holiday and pop into the Land Registry to get it.
The developer was telling me ok to build houses etc in order to get a deal.
I bought the land on an impulse as I loved Cyprus on the first sight; Right hand drive car with English spoken people every where. It is like a small
England.
Thanks again for all your replies which I learn a lot these few days.
Regards
Phil
Wow, the information is most valuable.
I will ask my solicitor to get me copies of Certificates of of registration. Failing that, I would go to Phapos for a short holiday and pop into the Land Registry to get it.
The developer was telling me ok to build houses etc in order to get a deal.
I bought the land on an impulse as I loved Cyprus on the first sight; Right hand drive car with English spoken people every where. It is like a small
England.
Thanks again for all your replies which I learn a lot these few days.
Regards
Phil
- kuchan
- New Member
- Posts: 16
- Joined: Sat Dec 03, 2005 4:50 pm
- Location: uk
by kuchan » Wed Sep 20, 2006 12:53 am
Hi all
Last night, I look into my old forgotten e-mail account which is full of spam mails. I found an e-mail from the developer sent a month ago. The details are as below
Dear ******,
I hope this email finds you and your family in good health. I am writing to you concerning our efforts to issue a separate title deed to your name. I am sorry to have to inform you that besides our best efforts we were unable to do so.
We understand that this comes as a huge disappointment and we can only apologize. However, we do have a couple of alternatives to offer you that we hope you take into consideration.
· Our company would be willing to buy back from yourselves the land you acquired and additionally to pay the interest rate of the monies you had paid.
· We also offer as an alternative a townhouse in our Polis Village.
Once more we would like to apologize for the inconvenience of the situation. We await your reply so as to resolve this matter with as little as possible difficulty as had been the case. Awaiting your reply.
Kind Regards,
**********
His e-mail has confirmed that the contract was deposited in Paphos Land Registry and I am the beneficial owner of that land or a share of his land. At least that settles the uncertainity in my mind I had for years.
I believe the developer is trying to buy me out cheap as he has plans for this land, either to divide it into smaller pieces for sale or developing into an estate. Looking into his developer web site, he has 15 plots of around 500 m2 empty land in another area in Polis for sale.
I have e-mailed him that I am not interesting in selling the land as it is bought for my retirement.
Any suggestion my best way to deal with him, please.
Thanks and best regards.
Ku
Last night, I look into my old forgotten e-mail account which is full of spam mails. I found an e-mail from the developer sent a month ago. The details are as below
Dear ******,
I hope this email finds you and your family in good health. I am writing to you concerning our efforts to issue a separate title deed to your name. I am sorry to have to inform you that besides our best efforts we were unable to do so.
We understand that this comes as a huge disappointment and we can only apologize. However, we do have a couple of alternatives to offer you that we hope you take into consideration.
· Our company would be willing to buy back from yourselves the land you acquired and additionally to pay the interest rate of the monies you had paid.
· We also offer as an alternative a townhouse in our Polis Village.
Once more we would like to apologize for the inconvenience of the situation. We await your reply so as to resolve this matter with as little as possible difficulty as had been the case. Awaiting your reply.
Kind Regards,
**********
His e-mail has confirmed that the contract was deposited in Paphos Land Registry and I am the beneficial owner of that land or a share of his land. At least that settles the uncertainity in my mind I had for years.
I believe the developer is trying to buy me out cheap as he has plans for this land, either to divide it into smaller pieces for sale or developing into an estate. Looking into his developer web site, he has 15 plots of around 500 m2 empty land in another area in Polis for sale.
I have e-mailed him that I am not interesting in selling the land as it is bought for my retirement.
Any suggestion my best way to deal with him, please.
Thanks and best regards.
Ku
- kuchan
- New Member
- Posts: 16
- Joined: Sat Dec 03, 2005 4:50 pm
- Location: uk
by souroul » Wed Sep 20, 2006 3:25 am
i suggest you call the land registry and find out whats going on with the land. if what they say its true, consider yourself lucky that they even offered to pay you back + interest, if not, dont sell it. either way i say start building asap cause its going to appreciate like mad by the time you retire, plus you can visit more often and stay longer without burning your pocket on hotel costs
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- Contributor
- Posts: 502
- Joined: Tue Jul 18, 2006 6:04 pm
by elko » Wed Sep 20, 2006 7:22 am
I have a feeling that the time limit for "Specific Performance" has expired. I think they waited for this to happen before they contacted you.
1. Check urgently the time limit specified in "the Specific Performance law" and act quickly if it has not expired yet. See a lawyer.
2. If the time has expired you must sue the developer for the value of the land at its current value and not just your money back plus interest.
ismet
1. Check urgently the time limit specified in "the Specific Performance law" and act quickly if it has not expired yet. See a lawyer.
2. If the time has expired you must sue the developer for the value of the land at its current value and not just your money back plus interest.
ismet
- elko
- Contributor
- Posts: 290
- Joined: Wed Jan 11, 2006 9:27 am
by nhowarth » Wed Sep 20, 2006 10:47 am
Hi Ku,
So the owner wants to buy back the land - the question is, do you want to sell?
If the Land Registry has registered the land/a share of it in your name, then you're in a very good bargaining position.
If all the developer is offering is your money back plus interest - tell him to stick his offer somewhere where the sun doesn't shine.
Regards,
So the owner wants to buy back the land - the question is, do you want to sell?
If the Land Registry has registered the land/a share of it in your name, then you're in a very good bargaining position.
If all the developer is offering is your money back plus interest - tell him to stick his offer somewhere where the sun doesn't shine.
Regards,
- nhowarth
- Contributor
- Posts: 400
- Joined: Fri Jan 06, 2006 3:08 pm
- Location: Erimi, Limassol District, Cyprus
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