
Court Rules Land Registry Not Obligated to Inform Buyers of Prior Sales Agreements
The Appeals Court has determined that the Department of Lands and Surveys, commonly known as the Land Registry, is not legally required to inform property purchasers of any previously existing sale agreements, according to the Law Office.
This decision emerged after a case where a buyer argued that the Land Registry did not alert him that the apartment he intended to buy had already been sold to someone else.
The Law Office’s statement clarified that there is no legislation, constitutional article, or regulation necessitating the Land Registry to notify buyers or their agents about prior sales contracts when a contract is submitted.
The District Court dismissed the buyer’s claim, citing a lack of negligence evidence against the Land Registry. It was also noted that even though the law allows buyers to obtain property details in advance, the plaintiff did not take advantage of this option.
The Appeals Court upheld this decision, confirming that the Land Registry cannot refuse a contract that adheres to lawful criteria under the now-invalidated Sale of Land (Specific Performance) Law.
Subsequently, the Supreme Court refused the buyer’s plea to pose legal inquiries related to this matter, describing it as an attempt to reopen a resolved issue.
According to the Law Office, “The Supreme Court found no basis for intervention, given that the application was merely a reflection of the buyer’s dissent with the Appeals Court’s decision.”
This ruling highlights the critical importance for anyone intending to purchase property in Cyprus to perform a Title Search at the Land Registry for the concerned property. The fee for this service is €5.00 per application.
Individuals unable to perform the search themselves should commission their independent legal counsel to carry it out on their behalf.
When filling out the form (N.50), request the following details: any sale contracts, mortgages, memos, encumbrances, and prohibitions.
The Land Registry will issue the Search Certificate in Greek. Buyers who need this certificate translated or wish to understand any complex matters should consult their independent legal advisor.
An independent lawyer is one who is a registered member of the Cyprus Bar Association and is not affiliated with any other party in the transaction.
For guidance on selecting the right legal support, British nationals can look for English-speaking lawyers in various resources.
Conduct your own research before selecting which lawyer to engage.