Carrying out a search at the Land Registry in Cyprus

Whether you are looking to purchase a property in Cyprus or simply would like to have information as to the legal status of a property in Cyprus or a parcel of land in Cyprus, we are able to assist clients looking to carry out a search at the Department of Lands & Surveys or more commonly known as the Land Registry.

This is the main authority for the registration of property in Cyprus and the Register of Land itself in Cyprus comes under the regulations of the Ministry of Interior.

More detailed information on the Department can be seen here - The Department (moi.gov.cy)

Although carrying out a search at the Land Registry in Cyprus is not compulsory when buying a property in Cyprus, it is the most important part of any acquisition, as this is forms part of the “due diligence” that will ensure everything is legally in order with the land, and that the property or parcel of land in question meets your requirements.

A property search will also enable us to check the legal status of any encumbrances/liens or memos on a specific property.

The search itself can only be done with the permission of the property owner and requires a specific signed search form from the property owner.

To carry out a search at the Land Registry in Cyprus we would require a Power of Attorney.

If you would like to discuss carrying out a search at the Land Registry in Cyprus or simply would like more information on the services we can provide a member of our team will be happy to take your call on a confidential basis at 01438 840258 or via email to admin@judicaregroup.com or even arrange a teleconference Zoom/Skype conference to discuss the matter.

Buying a Property in Cyprus Questions

Is the Legal system in Cyprus the same as in the UK?

The Legal System in Cyprus is generally based on the common law and the legislation is largely based on the British equivalent. However, Cyprus Legislation differs from the UK in the area of Immovable Property. The ultimate law of Cyprus, which is its Constitution safeguards the protection of ownership. Subject to the Cyprus Law, Cypriots as well as foreigners have the right to enjoy all rights relating to ownership of their property without any interference either from the State or from individuals.

Do I need a lawyer to help me buy in Cyprus?

The conveyancing process in Cyprus is fairly complicated and we always recommend any client seeking to buy or sell a property in Cyprus take the appropriate legal advice from a lawyer in Cyprus. There are numerous pitfalls when purchasing an immovable property or a parcel of Land in Cyprus, so having expert advice from the outset is highly recommended.

Are the overall costs of buying property more in Cyprus than in the UK?

Yes, the total costs in addition to the purchase price are higher than you will be used to in the UK. It is therefore important to factor these into your budget from the beginning.
You will need to budget for the following; The Cost of Buying a Property in Cyprus - Judicare (judicaregroup.com)

What is the conveyance process for buying a property in Cyprus?

The conveyancing process in Cyprus as we have mentioned above is fairly complicated. The buyer and the seller both need to go through various checks to identify the background of the respective property to be bought or sold. The system however, is designed to enable a potential buyer to be notified of any restrictions prior to the purchase of the respective property or land.

The negotiation process starts with the buyer’s independent lawyer reviewing and possibly amending the contract of sale in order to safeguard the interests of the buyer. The buyer’s lawyer will also carry out a number of searches to ascertain the status of and the background of the chosen property.

Once the Contract of Sale is agreed between both the Seller and the Buyer, both parties will sign the contract and four copies are made and duly stamped at the Land Registry Office. One of these copies is the stamped ‘original’ and will usually be kept by the buyer’s lawyer.

The buyer’s lawyer will then deposit one of the copies of the contract of sale with the Land Registry for reasons of ‘Specific Performance’. This is a vital stage for the purchaser’s protection.

‘Specific Performance’ is a simple and effective legal instrument provided by the Land Registry in Cyprus through which the purchaser’s ownership rights are protected until the Title Deeds are issued and transferred to their name. Through this simple procedure, the contract, which is in the hands of the Land Registry, cannot be withdrawn by anyone and therefore the respective property cannot be leased, sold, transferred, or mortgaged. Therefore, this status can then only be altered by the purchaser.

The process is now slightly different for post-Brexit buyers. When entering into a contract of sale, clients will now need to apply to the Council of Ministers for a specific permission to allow the purchase to proceed. This application procedure is generally a formality and whilst the chances of your application being rejected is low, it makes sense to have a clause in the contract of sale which legally sets out what will happen if the permission is not granted by the Council of Ministers.

How do title deeds work in Cyprus?

The buyer of the property will obtain title deeds in accordance with the terms agreed under the contract of sale. Usually this happens when the buyer has paid the full purchase price.

The transfer of the title deeds from the seller to the buyer takes place once an application is made to the Land Registry and once all the prescribed transfer fees have been paid.

However, it is necessary to mention that:

Title deeds may take up to 5 years to be issued for a new property
Even if the property does not have title deeds, the owners are safeguarded by depositing the agreement at the Land Registry
Re-sale can still be achieved even in the absence of title deeds