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Cyprus Eastern Forum Index » Ask Nigel A Question » Land encroachment on title deeds
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Land encroachment on title deeds 
Post: #1   PostPosted: Tue Oct 10, 2017 4:41 pm Reply with quote
abfab
Joined: 04 Jan 2011
Posts: 3
Pictures: 0
Location: Avgorou

 
Has anyone else had this problem when applying for title deeds and can you help me with advice on how this can be sorted out. ... The Land Registry wrote to our developer in April 2017 to let him know that our back wall had been built on land belonging to our neighbour (only a matter of less than a metre) confirmed by GPS. This wall was built ten years ago. Our developer is ignoring the letters but how do we get this sorted out so that it isn't added as a note on our title deeds. Our Cypriot neighbour who owns this piece of land isn't aware of the problem yet - do you advise we get him involved? This is making me very depressed as it just seems to be one thing after another re title deeds - the first time we made enquiries, the only stumbling block was an illegal fence - now it's this encroachment onto someone else s land!!! Thanks for any help anyone can give - our builder is Sangaris in Avgorou .
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Post: #2   PostPosted: Tue Oct 10, 2017 6:19 pm Reply with quote
bubblechris
Joined: 27 Mar 2009
Posts: 4494
Pictures: 0
Location: Winchmore Hill, London N21

 
Why don't you go and see Pan who has offices in Avgorou and who no doubt knows your builder. He was on the forum just before you posted so may not have seen your post but I feel you need to go and see him and ask him to assist you because things could turn nasty and difficult if you say the wrong thing.

I believe you will only get this sorted out if you make the rightful owner of the land a reasonable offer of compensation. Then you can deal with the builders.

Pan's details:
FSB Properties Ltd - 99093213
Registered and licensed Real Estate Company
Co.Reg.No. 795, Lic. No. 250/E
Member of the AIPP
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Post: #3   PostPosted: Tue Oct 10, 2017 8:18 pm Reply with quote
abfab
Joined: 04 Jan 2011
Posts: 3
Pictures: 0
Location: Avgorou

 
Pan was with us at the Land Registry when we were told of this problem a couple of weeks ago as he was trying to help us move forward in obtaining our title deeds.
The helpful lady whom we spoke to told us that unfortunately our builder has been written to about the encroachment onto our neighbours land - and it is only our builder who can correct this - but what I am unclear about is how he is going g to do this ... Is he going to knock the wall down and start all over again which will mean the digging up of all the plants and trees in our garden - or is he going to compensate our neighbour for the land? What if he refuses to do anything - where does that leave us - unable to sell our house in the future no doubt!
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Post: #4   PostPosted: Tue Oct 10, 2017 9:16 pm Reply with quote
nhowarth
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Joined: 30 Aug 2005
Posts: 4482
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Location: Erimi, Limassol

 
Hello abfab and welcome to the forum

Unfortunately I've heard of a number of similar cases. There are three options:

1. Accept the Title Deed will have notes. Although this will prevent you selling the property, you can leave it in your Will - to your children or someone else.

2. Remove and rebuild the boundary wall in the correct place.

3. Negotiate compensation with the neighbour and get the Land Registry to change the boundaries.

Of course your developer should pay for 2 or 3 if he is willing. Otherwise I'm afraid you'll have to pay.

I know this is not what you wanted to hear, but as far as I'm aware there are no other solutions.

Regards,

_________________
Nigel Howarth
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Post: #5   PostPosted: Wed Oct 11, 2017 8:28 am Reply with quote
abfab
Joined: 04 Jan 2011
Posts: 3
Pictures: 0
Location: Avgorou

 
Thanks for replying Nigel. Will let you know how we get on - pity this encroachment didn't pop up when we bought eight years ago - that's the maddening thing about what's happening to us all now with regards to our title deeds. When we all bought our houses we never thought for one minute that we wouldn't to able to sell them in the future of our circumstances changed.
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Land encroachment on title deeds 
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