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29th March 2024
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Resolving Cyprus property disputes

Dispute over property in CyprusUNFORTUNATELY I meet many people whose lives have been turned upside down as a result of a dispute of some sort regarding their property.

Such disputes can cause serious concern to those involved and even reduce the value of their property. Of course, property disputes arise in relation to all sorts of matters, but I’ve decided to take a look at some of the main causes of dispute and what you can do to avoid/resolve such matters should you be unlucky enough for them to arise.

Nuisance Neighbours

It is unavoidable, particularly when living in a apartment block or in semi-detached buildings, that you will experience some level of noise or disruption on occasions from your neighbours, but there are cases where this can go too far and can prevent an owner from enjoying his property.

In such cases the affected party may have a claim under the law (Civil Wrongs Law Cap 148) that the conduct in question constitutes a “nuisance”.

Nuisance refers to an unlawful interference with a person’s reasonable use and enjoyment of his immovable property or a right relating to it. The affected party needs to show that he has suffered damage as a result of the nuisance and it is for him to prove that there is such interference. It is no defence for the party causing the nuisance to claim that the nuisance existed before the affected party took ownership of the affected land.

The Court will decide a case by seeking to strike a fair balance between the rights of the person affected by the nuisance to enjoy his land and the rights of the person causing the nuisance to use his land for his own lawful purposes.

Of course, as anyone who has thought about taking any matter to court in Cyprus knows, litigation can be time consuming and expensive. If you are affected by nuisance it can be worthwhile taking advice on whether alternative action such as negotiation may provide a more cost effective resolution.

Boundary Disputes

Another common form of property dispute relates to boundaries. Even though we have a Land Registry in Cyprus which produces maps/plans detailing each plot, disputes can and do arise regarding the extent of each person’s property and precisely where the boundary lies.

In such cases the law (Article 58, Immovable Property and Tenure Law Cap 224) provides that it will be for the Director of the Land Registry to make a final decision as to the exact boundary. This can be achieved by placing land markings which will show precisely where one plot ends and another begins. When such a decision is made by the Director, an appeal may be made against it within 30 days.

Wherever possible, it is obviously preferable for the parties to negotiate a settlement as to where the boundary lies themselves (with or without having to readjust the registered common boundary). However, it is important to note that even in such cases the Director of the Land Registry must still issue his decision as to where the boundary lies.

Developer Disputes

Once possession has been taken of a new property one of the most common areas of dispute relates to the product which has been delivered. Often it is the standard of workmanship which comes into question.

The key document to which one should refer in order to ascertain the outcome of any such dispute is the contract of sale. The contract of sale outlines the property purchaser’s rights and provides the solution to many such developer property disputes.

A well drafted contract ought to give a detailed description of exactly what is included in the purchase, listing all relevant particulars in order to ensure that there can be no argument as to materials used etc. Furthermore a good contract will ensure a warranty period is provided by the developer during which any faulty workmanship or fittings will be replaced.

Provided that your lawyer negotiated a solid contract of sale then property disputes with developers can often be amicably and quickly resolved by reference to the agreement. It is for this reason that I strongly urge any potential purchaser to negotiate the best possible contract terms they can. Those who do so really do reap the benefits later on!

Resident’s Disputes

Disputes regarding management of common areas also occur regularly. The law states that where a building consists of at least five units then it should be registered as a jointly owned building in the Land Register. The owners of the units of jointly owned buildings may draw up, amend and revise Regulations for a Management Committee providing for the manner in which their building will be controlled, managed and enjoyed.

Each of the unit owners of a building must contribute towards the expenses necessary for the insurance, maintenance, restoration and management of the jointly owned property and the calculation for the proportion of each unit’s share can often cause conflict. The proportionate use of the facilities is irrelevant and in fact each unit owner is responsible for a share which will be determined on the basis of the area of his unit.

If any unit owner does not comply with his obligation to contribute to the insurance and upkeep of the building then the Management Committee may take legal action against him to recover the outstanding sums.

Of course a commonly encountered problem faced by many Management Committees (particularly where a number of the units are owned for the purposes of holiday lets) can be tracking down the owners and ensuring contributions are made! Unfortunately, whilst the Committee does have powers to sue in such cases, the costs of bringing legal action mean it is only really worth taking action where the outstanding sums are sufficiently serious to justify the costs of litigation.

Conclusion

Property disputes of any nature can cause serious heartache for anyone involved, can prove costly to put right and may cause a property to lose value. You can take some steps to try to protect yourself

Before you buy:

  1. negotiates a solid contract of sale which clearly sets out your rights and expectations from the developer in relation to warranties etc;
  2. fully investigates the title to the property in order to ensure that (amongst other things) there are no existing boundary disputes or similar issues;
  3. Includes detailed plans in the agreement.
  • Investigate the purchase fully. Make enquiries regarding existing property disputes and visit the property at different times of the day in order to ascertain whether there are any potential nuisance factors.

After you buy:

  • Know your rights!
  • In the event that a dispute does occur, take independent legal advice on your position;
  • Speak with your lawyer about the possibility of negotiating a settlement with the other party, in order to avoid the cost and delays associated with litigation.

Editors Comments

Louise Zambartas is one of only nine lawyers on the list published by the British High Commission in Nicosia and I am grateful for her allowing me to republish this article.

The Zambartas Law Offices may be contacted on +357 25373734, by e-mail enquiries.law@cytanet.com.cy, or via their website at http://www.cyprusproperty-lawyer.co.uk/

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2 COMMENTS

  1. Louise article very informative not only to prospective buyers but also to current property buyers.

    Well done.

Comments are closed.

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