Registration of Contract of Sale

[explodingaardvark]

I purchased a property in 2005 of plan. A contract of sale was drawn up at the time and signed under a power of attorney by my lawyer. Unfortunately that lawyer did not register the contract of sale at the land registry at the time. The property was handed over to myself in October 2008.

I have since parted company with that lawyer. Upon attending the land registry recently in an attempt to recover the situation by registering my contract of sale, I was informed that this has to be done on an instruction of the (local) court.

I thought that this registration could be carried out by the individual.

Can anyone comment on this situation and confirm whether an instruction of the court is really required.

[Nigel-Howarth]

Hi explodingaardvark

The only way a contract of sale can be deposited after the 60 day limit had expired was by a court order. (Presumably your new lawyer did this when he took on your case?)

The time limit was extended to six months in 2011.

Regards,

[Nigel-Howarth]

Hi explodingaardvark

There has been an unfortunate development regarding the deposit of contracts.

A Supreme Court ruling in May (ref 53/2016) prevents buyers who purchased property before 29th July 2011 and whose lawyers omitted to deposit their contracts of sale at Land Registries from obtaining court orders enabling them to do so.

I have raised this issue with the Department of Lands and Surveys. Hopefully the law will be changed.

Currently the only way your contract can be deposited is to have it redrafted and hen deposit it.

Regards,

[explodingaardvark]

My lawyer tells me that this law is once again before the Supreme Court as there are thousands of people in the same situation. I cannot understand the logic of the Supreme Court in giving their judgement of May 2016. What do they expect these people to do. Who are they trying to protect?

[Nigel-Howarth]

Hi explodingaardvark

I expect the Supreme Court ruled as it did because the 2011 Specific Performance Law was poorly worded.

I have advised the people in met at the Department of Lands & Surveys in Nicosia earlier this year about this problem and others that are preventing people getting their deeds. I received an immediate acknowledgement (at 07:30 am) - "We will examine the issues raised in your email and we will revert back to you shortly."

I hope we don't have to wait too long.

Regards,