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Title deeds nightmare to end up on Channel 4

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Title deeds nightmare to end up on Channel 4

Postby growuptcs » Wed Oct 18, 2006 10:00 pm

BRITISH broadcaster Channel 4 is coming to Cyprus after being contacted by expats who have bought property on the island and not received their title deeds.

The property boom over the past few years is one of the main causes of the problem as the authorities struggle to stay afloat, swamped with applications.

Last Thursday, Parliament voted to extend the time period in which the law for the legalisation of a significant number of irregularities regarding immovable properties purchased before March 2005 is in effect.

In an effort to combat the huge delays, the government enacted the temporary law 18 months ago, but it was only valid until the end of September 2006. The extension now runs until January 1.

Lawyer George Couconis, a property specialist, has told the Mail that developers do not rectify irregularities in construction, while town planning and local authorities tolerate the situation.

He added that when somebody has not received their deed, legal action has to be taken against the vendor, with the appointment of a third party who will issue title deeds on his or her behalf.

But an amendment to the law involving no legal action is being sought by DISY deputy Ionas Nicolaou in an effort to combat the huge delays.

He is proposing that properties, such as blocks of flats, are divided into separate entities, with each buyer receiving a separate deed.

As the law currently stands, only the developer can apply for the deeds and not the individual buyers.

Lawyer and European Party MP Ricos Erotocritou is raising awareness of the issue before Parliament and he said yesterday that, “the whole procedure needs modernisation in a way that will facilitate its speeding up. The major cause of delay is the developers and I suggest introducing financial sanctions against them. If they then continue to delay, they should face criminal charges.”

Green Party leader Giorgos Perdikis agreed, saying more should be done to punish developers. “If they were threatened with jail, I’m sure they would be more co-operative in issuing deeds.”

Speaking from England, Vanessa Moussa, assistant producer for Ricochet Productions, who have been commissioned by Channel 4, said: “We are preparing a show called Selling Houses Abroad about Britons living in Cyprus who have had problems buying a property or who have had issues with their property after buying.

“At this stage, I am in contact with people who have bought in Cyprus and who feel they have been victims of unscrupulous developers, estate agents and even lawyers and there are countless examples I could give you.”

She said the “typical situations are buyers who bought and can’t get hold of the title deeds for a property or who discovered problems with the house such as bad constructions due to inexperienced builders (house moving from ground or construction walls falling down.)

“Some are trying to get the deeds but then have been faced with further legal problems. Others found themselves in strange situations where the developer has sold the land twice and are not sure where they stand in a legal system they don’t understand in a country foreign to them.”

Land Registry Director Andreas Christodoulou said the problem often lies with mortgages taken out by developers. “They will mortgage a property, but then sell off different parts of it, such as flats or shops. The flats will all get sold and the developers get their money but leave the property mortgaged.”

He said deeds couldn’t be issued until developers had paid off loans or transferred mortgages.

Spokesman for the British High Commission in Nicosia Nigel Boud said: “The High Commission has received a number of requests for assistance from British nationals residing in Cyprus who have had problems obtaining title deeds. Our advice, in what is a private or civil matter, is that people should seek independent and qualified legal advice.

“Part of the Foreign and Commonwealth Office advice for Cyprus states that before purchasing property anywhere



Are British ex-pats feeling a little bit like GC's?
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Postby cypezokyli » Wed Oct 18, 2006 10:39 pm

no actually...
many gcs feel exactly like the british, since this group of developers is not descriminating against race .
i happen to know some people who are furious with the situation.
hopefully the parliament, out of the fear of saving our face, will finally take some serious action.
people might call it another british attempt to disfame cyprus.... but at the end of the day, there are a number of people who will benefit if this problem is finally solved... so some pressure from the outside is not always as bad as it may sound...
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Postby mountainman » Thu Oct 19, 2006 9:03 pm

Simple equasion:
Choose property
Buy property
Pay taxes
Get deeds

All of this is done in Cyprus using local experts.
when it all goes wrong who is to blame?

The Cyprus Government!
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Postby hazard » Sun Oct 22, 2006 11:12 pm

Right now it is the customer who suffers if developer made mistakes during construction, doesn't want to release the mortgage etc. Laws should be changed in such a way that customer can get his title deed no matter what and without waiting for the developer to apply, while developer should be fined and forced to rectify any problems if they are found.
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Postby nhowarth » Mon Oct 23, 2006 8:07 am

Hi Hazard,

I agree with you 100% - the customer should not suffer as a result of the actions of the developer (or indeed by the actions of anyone else).
    In some areas, like a mortgage, the law could be changed relatively easily to protect the consumer.

    As for 'mistakes during construction' - it really needs independent monitoring throughout the course of construction by an independent body such as ETEK. However, this could prove expensive and would probably add a to house prices.

    And the authorities could be empowered to order the demolition of illegally built properties. But this would require some sort of insurance/compensation scheme to reimburse property buyers.
There are lots of things that could be done to protect the interests of buyers, but the problems don't appear to be particularly high on peoples' agenda.

There was an article in the Cyprus Mail last year - 'New Rights Planned for House Buyers' (see: http://www.cyprus-property-buyers.com/p ... /art08.htm ) that looked as if it would have been beneficial to the buyers. But it all seems to have gone quiet since then.

And it's not only the property buyer that suffers - the Cyprus Government must be losing millions in revenue. When the transfer of ownership takes place, the vendor has to show he's paid Capital Gains Tax and the buyers have to pay Property Transfer Fees. Obviously, as the Government isn't getting this revenue, it means higher taxes in other areas which affects us all!

Regards,
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