The Court of Appeal ruled that the Department of Lands and Surveys (Land Registry) has no legal duty to notify property buyers of pre-existing sale agreements, the Law Office said.
The ruling followed a lawsuit by a buyer who claimed the Land Registry failed to disclose that the apartment he was purchasing had already been sold to another party.
“No law, constitutional provision, or regulation requires the Land Registry to inform buyers or their representatives of previous sale agreements when submitting a contract,” the Law Office said in a statement.
No evidence of Land Registry negligence
The District Court dismissed the buyer’s claim, finding no evidence of negligence by the Land Registry. It also noted that, while legislation allows buyers to request property information beforehand, the plaintiff had not exercised this right.
The Court of Appeal upheld the ruling, affirming that the Land Registry could not refuse a contract that met legal requirements under the now-repealed Sale of Land (Specific Performance) Law.
The Supreme Court later rejected the buyer’s application to submit legal questions related to the decision, viewing it as an attempt to reopen a settled matter.
The Law Office said that “The Supreme Court saw no grounds for intervention, as the application was based solely on the buyer’s disagreement with the Court of Appeal’s ruling.”
Editor’s comments and recommendations
This Court of Appeal ruling underscores the absolute necessity for anyone considering purchasing a property in Cyprus to request a Title Search from the Land Registry for the property in question. The Land Registry fee is €5.00 per application.
Those unable to request the search themselves must instruct their independent lawyer to do so on their behalf.
When completing the form (N.50), request the following information:
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- All contracts of sale
- All mortgages
- All memos, encumbrances, and prohibitions
The Search Certificate provided by the Land Registry will be in Greek. If the buyer requires the Certificate to be translated and any issues clarified, along with their implications, they should consult their independent lawyer.
By independent, I mean a lawyer who is registered with the Cyprus Bar Association and who has no connection whatsoever with any other party involved in the sale.
For the benefit of British nationals, the UK Foreign, Commonwealth and Development Office publishes a list of English-speaking lawyer in Cyprus on its website.
Note. You should do your own research before deciding which lawyer to use.
Wild west.