How to buy it! How to protect it!

If you decide to buy or sell your property, it is always advisable to count on the knowledge, support and experience of our Firm, aiming to look after your interests. We can assist you and guide you for buying or selling your property.

Here you can find some useful information on buying property in Cyprus.

Each property transaction can potentially involve many different aspects and must be carried out with due care and attention. Our Firm does not operate by sacrificing quality for the sake of a quick completion. All cases must be scrutinised with care to ensure that problems may not arise for our clients in future. This is balanced with the need for speed. We ensure that each case is dealt with carefully and efficiently. Our clients therefore receive the advice for their interest.

There are many stages to a conveyancing process when you decide to sell or buy real estate property:

- Contract Preparation

- Exchange of Contract for negotiation and finalization

- Signing of Contracts

- Contract Filing in the Land Registry

- Issuance of title deeds

We believe it is important that our services are approachable and contactable at any given time. We make the process easier for you by ensuring that you are not passed through different departments for updates on your case. Thus by assigning a solicitor to each case our clients will always have a point of contact.

 

CONSTRUCTION DISPUTES

Stuck in middle!!

Disputes in the construction and engineering industries are a fact of life. When you find yourself in the middle of one there are many ways to resolve it. A day in court may be time consuming and costly to your company or personally. Simply conceding the argument may not be an option.

What you need is the right advice before or at the start of the dispute so that the best outcome is achieved.

We understand that you want your dispute out of the way as quickly as possible with the right result for your organisation. We can offer you a full range of options to deal with the situation and clear direction on what we think will work best

. Our Firm is highly skilled and experienced in dealing with:

Negotiation, Mediation, Adjudication, Conciliation, Expert determination, Litigation at the Court and Arbitration.

Together we will work out the right way ahead that helps you to achieve your objectives. Every weapon in our arsenal will be at your disposal.

We can deal with any type of dispute, no matter how complex. Our strategic and commercially driven approach has been used in cases which include:

  1. - Challenges to procurement procedures

  2. - Extensions of time and loss and expense claims

  3. - Claims for defective design or poor workmanship

  4. - Final account disputes

  5. - Termination of the contract

  6. - Payment of retention

  7. - Payment notices and withholding notices

  8. - Enforcement of adjudicators' decisions

  9. - Consultants' claims for professional fees

We are the Firm that you can trust You can rely on us to deliver on both the result and the costs involved. During a dispute we will keep you fully updated with what you have spent and what you are likely to spend.

 

TENANCY DISPUTES

The most common types of dispute between landlord and tenant relate to Rent Review and Recovery of Possession. Rights and duties owed by the parties are embodied in the Rent Control Law 23/1983.

Rent Review

After the initial term has terminated or expired then the rent contained in the original agreement can be reviewed by the court by request of either the landlord or the tenant. The court will seek the opinion of its valuer and will use factors such as the age, size, condition and geographical location of the property to determine a fair rent for the property. However, the Court's ability to increase the rent is contained under specific regulations issued from time to time the Council of Ministers which determines the maximum increase.

Eviction and Recovery of Possession

Under the Rent Control Law, after the expiration of the initial term, a tenant who remains in possession of the property will become a Statutory Tenant. A Statutory Tenant has the right to remain in the property and may only be evicted in certain cases. Two of the most important of such cases are: If the landlord requires the property for the occupation of certain members of his family or for himself; and If the landlord serves a written notice upon the tenant to state that the rent is in arrears and that rent is not paid within 21 days of such notice. Therefore in either of the above cases, a landlord is entitled to a court order to evict a tenant.

 

PROPERTY DISPUTES

Boundary Disputes

In the event that the boundary of a property is disputed, then an application must initially be made to the Director of the Land Registry for a decision as to the correct boundary. Under article 58 of the Immovable Property (Tenure, Valuation and Registration) Law, Cap 224, the Director of the Land Registry has initial jurisdiction in all such matters and upon application will settle any such disputes by placing land markers on the land itself to show the boundaries as they appear on the Register. The Director also has power to correct any boundaries which are incorrectly marked on the Register itself by virtue of error or mistake. If a party disagrees with the decision reached by the Director then he shall be entitled, within 30 days of the date he is informed of the Director's decision, to appeal such decision. In such an event the Court will hear the case and may either uphold or overturn the decision of the Director.

Trespass

Trespass refers to the unlawful entry upon or unlawful damage caused to a person's immovable property. In such an instance a person may have a remedy under section 43 of the Civil Wrongs Law. The owner of the land may be entitled to damages (where actual damage has occurred) and or an injunction to prevent further trespass. It should be noted that the degree to which the defendant has actually caused damage or the degree upon which he has trespassed upon the immovable property itself will be irrelevant in the determination of the claim, although it will hold relevance in terms of remedies available and the possibility of claiming damages. It will be a defence for the defendant to show that he was entitled to enter the property, he was authorised to enter the land or if the acts complained of are permitted by local custom.

Nuisance

Another common dispute arising in relation to property is the complaint of a nuisance. A nuisance is an unlawful interference with a person's right to enjoy his/her property. A simple example is a neighbourly dispute over noise. In such a case the court may order an injunction and (in the case that damage has been caused to the person making the complaint) damages. In order to succeed in a claim under section 46 of the Civil Wrongs Law, a complainant is placed under a burden of proof to show that there was an unlawful interference with his or her right to enjoy the property. In such a case the Court is asked to balance the rights of each party to the respective enjoyment of his property and Section 47 of the law outlines the defences available to the defendant. It will not be a defence to claim that such actions were carried out prior to the occupation of the land by the complainant. However, where the defendant's actions derive from a contract or covenant made between defendant and complainant then the defendant will be entitled to continue the actions.

Property disputes can occur in many forms. When they do occur, they can prove highly stressful for those parties involved. Swift resolution can be achieved by instructing one of our expert property litigation lawyers. Our Firm has an experienced team who can assist with a multitude of property related matters.

 

For more information please contact us at +357 22 251726, +357 22 011431 or email us with your questions.

Back

Get in Touch

  • Phone: + 357 22 251726 + 357 22 011431 Fax: + 357 22 770543
  • Email: info@tsinarelis-associates.com
  • Address: 19 Aryrokastrou street, 1100, Ayios Andreas, Nicosia, Cyprus