Title Deeds - Problem or Not?

Lots of people have bought property without title deeds - me personally I wouldnt do it... sometimes its legit as title deeds cost a lot and some cant afford that extra cost at the time  - others were caught in the swiss franc mortgage problem and a certain developer who "did a runner" who didnt complete the property or its services, street lighting and roads.... and thus buyers dont have a completion certificate thus no deeds can be issued until that happens - - however where there is a will there is usually a way... but not without a cost - get a good lawyer

I would suggest you read this article - https://www.news.cyprus-property-buyers … ciFwjcMllw

"With deeds" is very different to "deeds available"...... Applying for title deeds sometimes shows up anomalies - what was in the original drawings when compared to the property now  -  many owners make changes - gazebos, lean-tos, areas that were once uncovered now appear covered and vice versa etc some with planning permission some without ....all have an impact on the title deeds. 

Plus land is often not what it was originally - a recent event showed one persons purchase of a property and its land to be x in size but after offer and surveyor was found to be only  z in size as the difference had been "given/gifted" to a couple of family members of the seller.... plus things that had planning permission that hadnt been done and things without planning permission that had been done 

So not only get a good lawyer get a good surveyor too....

so be careful 

Highly recommend Renos Pitros in Paphos for property survey
and also Mr Haris at Andreas Demetriades Law in Paphos

Thanks Toon - good advice

I have noted that one agent in particular seems to advertise a lot of properties with "title deeds available" and when questioned about it seems to  - let's be generous - "understate" the possible problems.....

Yes I too have noted this and I have been in this position where I have seen some lovely properties and none have their deeds. But then I have also comes across properties on the same development some with deeds some without... so if armed with a good lawyer and surveyor what are the real problems except the cost of engaging both. I have noted long delays in selling properties without deeds

I really need to find out what is required to establish availability and cost associated with obtaining deeds

If it was a simple case of getting the work done and the title is issued, then the seller would have done it...without title you have to offer a huge discount on the market price.

That was my thoughts  too as until you do a survey etc you have no idea what is legal and not legal pertaining to the property

Further I can't see massive discounts as the answer for many sellers desperate to sell and move on

This I think is an important article that everyone should read if considering buying without deeds......

Many foreign investors and local buyers have concerns when the Cyprus property they are interested in does not have a title deed, or rather a “separate title deed”. This article explains why this may be the case and whether the absence of a title deed of a Cyprus property should be stopping a potential buyer from purchasing his property of choice.

Contents  hide

1 What are Title deeds in Cyprus and how they are issued?

2 So why do not all properties in Cyprus have a separate title deed?

3 Can I buy a Cyprus property without a separate title deed?

4 Other important factors are:

What are Title deeds in Cyprus and how they are issued?

The Certificate of Registration of Immovable property, or the Title Deed of the property as it is commonly referred, is a formal document issued by the Land Registry which provides conclusive evidence of property ownership. In addition, it includes among others, details about the property's location, reference number and size.

All land in Cyprus has a title deed. The problem commonly arises when the land is being developed into buildings and apartments as a process needs to be undertaken to divide the land into smaller pieces if necessary, convert it into plots allowing construction and actually constructing the properties in question. Every step of the process requires permits from the planning and building authorities of Cyprus.

If the separate title deed has not been issued for the house or apartment in question, then there will still be a title deed for the land, which will be still on the Developer's name. The purchaser, in this case, should, if his lawyer has not been negligent, have lodged the agreement

So why do not all properties in Cyprus have a separate title deed?

Separate title deeds may not be issued for three main reasons. The first type of reasons are problems during the process of development. For example, the developer may not have correctly concluded or filed all the necessary actions and applications needed or he may not have followed the planning and building permits guidelines on construction. In this situation, actions need to be taken to legalise the structural changes or conclude the necessary actions outstanding.

The second type of problems are developer-related, such as non-payment of taxes or discharging mortgages. In this case, the property-owner should file the necessary applications for the issuance of a separate title deed and the transfer of that title deed to his own name. The process, takes approximately 18-24 months to conclude.

The third problem may simply be the delay of the Land Registry or other governmental departments to issue the separate title deeds. Some developers are more diligent than others and chase the authorities more and as such manage the issuance of the separate title deeds faster than others.

Can I buy a Cyprus property without a separate title deed?

One has the ability to buy a property without a title deed but proper due diligence should be made first to examine the reason why the title deed has not been issued yet. In addition to that, the selling price is always a consideration; the purchase may be a bargain.

Other important factors are:

(i) the intended use of the property; for example, short-term or long-term rental, which may not be affected by the absence of title deed (ii) the “emotional value” to the buyer. Simply put, the buyer may believe that this is an ideal place for him/ her to live in and be worth the time and costs to issue a separate title deed.

To conclude, prior to buying a property in Cyprus that does not have a separate title deed the interested buyer should examine the reason, the price and the intended use. It is not always a bad idea to buy a property without separate title deeds but the buyer must proceed with caution and reach a well-considered decision.

This article has been written by Solonas Antoniou.

Source https://philippoulaw.com/should-you-buy … tle-deeds/

Warning for those considering buying without title deeds...

AS THE issue of title deeds for trapped buyers drags on, one British expat living in Xylofagou is desperately trying to be issued his almost a decade since applying for it.

Briton Kenneth Beck, 75, is now looking to sell his flat and move back to England to be with his family but in keeping with many more the lack of a title deed is preventing him from leaving.

He first bought the flat in 2007 with the intention to retire. After seeing developer advertising, he made the choice to come to Cyprus, buying a flat at complex with a pool near the sea.

However, he did not imagine the complexity of owning a property in Cyprus, and shortly after he bought the flat, the developers went into voluntary liquidation, meaning anyone who had bought a flat was stuck without title deeds. For Beck this means he is now facing problems as it is only now he wants to sell and is having difficulty selling the property for it real value.

Beck was not alone in seeing his investment sink into a black hole; many buyers were left high and dry as companies collapsed with buyers unable to get their title deeds. This led to the government of Cyprus in 2015 passing the trapped buyers law to help those who for various reasons were unable to get title deeds for their properties. The government was faced with thousands of such cases.

Its solution with the law was to have the buyers fill out applications to the land registry department, which would begin investigating the cases and proceed with issuing the title deeds if their property matched what was written on plans.

The land registry told the Sunday Mail that in the case of Beck and the other residents of this apartment complex in Xylofagou the deeds were issued in 2019 to the developer even though it no longer existed as a company, following an application filed in 2015.

But the residents have yet to receive them. As the developer no longer exists as a legal entity they are now waiting for the land registry to issue them.

This has left Beck and all the other residents going back and forth from office to office including the Town Planning and Housing authority, which has told them that the developer failed to meet obligations laid out in the original plans of the building.

Town planning and the district office in Larnaca have told residents that works need to be done before the title deeds can be given to them. This has resulted in the residents in the building undertaking some of the works themselves.

Beck, who has been recently diagnosed with diabetes, has been trying along with the building's residents committee to deal with the situation, but has been left feeling all he has achieved is shuttling from one government office to another.

His property has been valued at €80,000 but without the title deed in hand he can only sell it for half that value. Without the title deed, he has been told that his apartment would only go for €45,000.

Beck says he feels “held hostage” by the situation because he wants to go back to England and be closer to his family, especially now he needs more help taking care of himself.

At Beck's complex, the Sunday Mail learned that around 60-70 people that have been affected by this situation and are still without their title deeds, and in many cases people just gave in and left or have since died.

Since buying his flat, Beck said he has applied for title deeds five times, both before and after the law was passed in 2015.

He feels he has been left in a position where the government departments responsible for issuing the deeds need to move forward and stop wasting time, leaving him to sort through file numbers and documents at a time when he is trying to leave the island.

Source https://cyprusmail.com/2023/04/10/brito … -his-flat/