Q.: Dear Mr Loizou

We will try to keep this short and factual and hope that you can help us:

• Six years ago our landlord (of 4 years) bought a triangular plot of land in our area for which he obtained planning permission for 3 very different houses.
• Each house sold and we were advised to have a separate land contract and house contract, not knowing at the time that the other two buyers had just one contract (no separation for land/house).
• When our builder finished the properties he created a road between our property and the other two which is now the only (dangerous) access into our area, therefore:
• The plot now comprises: Two houses, one road, and our house.
• There have been inspections, followed by letters (to our builder) with varying reasons as to why each of our houses have failed.
• We decided to pursue the title deeds to our plot of land (we discovered that the other two houses did not have this option). My husband and I felt we would be more secure if we at least had the title to our individual piece of land as per our land contract..
• We have had many frustrating conversations, correspondence and dealings with, to date, 3 different solicitors.
• The first gave up, the second said he could achieve our objective and then gave up, the third has now been pursuing our builder for two years and has now advised us that he “is ready to transfer the plot in 3 equal parts to all 3 owners!
• This may be better than the present situation, but the questions we cannot get answers to are:

A Are we as holders of a separate contract for our plot of land able to obtain the plot on which our house stands in isolation to the other two houses

If the answer is No:

B Why did our builder issue the separate land/house contracts to us if it was never an attainable option

Again if the answer to A is No:

C If the Title Deeds for the whole plot are transferred to the three owners, do we then own the road?

If the answer to C is Yes:

D Can we close the road or what other options might there be?
Lesley & Peter Hill – Larnaca

A.: Dear readers, thank you for your letter, which the Editor has passed on to me. I am not 100% clear on the whole situation, but from what I have understood this is my opinion.

(a) Some builders/developers advise their clients to have two contracts. A sales contract for the land and a building contract for building the house. In this way you save on transfer fees (since the transfer fees are charged on the land sale and not on the house/building contract). In this respect this was to your benefit (be it there are other problems relating to the building contract issue).
(b) I am not clear what you mean by failed houses. I presume the builder has not done a good job. You have on this count a legal way to solve (when) the problem.
(c) The developer ought to have secured separate title deeds for each house. If he cannot (I am not aware of the reasons – including possible no building permit?) then yes, having the plot transferred onto your name is a good alternative if you cannot get a better deal.
(d) If you cannot succeed having 3 separate building plots title issued or at least one for you and a joint for the other two, I will opt for the 1/3rd share transfer (it is better than nothing). Care is needed so that you have the share, which should be based on the net plot area of each one in analogy of the whole.
(e) The three of you must sign what is known as “voluntary distribution” indicating who owns what plot to be transferred. This agreement is deposited at the Lands Office and it is a simple procedure.
(f) If all three of you want to proceed to have title deeds issued separately, whole share, you must then take a joint action by e.g. appointing an architect etc to carry out the procedure. Not a happy situation but at least you by-pass the defaulting contractor and you secure the “share” you bought in the meantime.
(g) You must examine whether the road is private or a public one. If it is a private road, then you own a share of the road. If it is a public (to be) then not. It depends on the building permit secured by the contractor. So unless I examine the permit, I cannot advise you whether you can close the road to passing traffic. In theory at least, since the road has not been delivered to the public (and provided it is a public to be road based on the permit) you can close the road.
(h) Bear in mind that at the end, you will need the certificate of final approval, the meaning of which has been explained in previous articles. So whatever you do you must all 3 of you examine the situation in the context of the permit.

I hope I have not confused you more.

A.P. Loizou

Q.: I have noted in the national press that a court order has been issued against (name withheld) a well known supposly estate agent. For this estate agent a stop operation order was issued because he is operating as an estate agent without being a registered one. What is this all about Mr Loizou?
Athina Anton

A.: The order is a temporary one until the case goes to trial. As you have said and I have repeatedly reported in this paper, there are all sorts of people dealing as estate agents not being so registered, but operating under various names (such as advertisers, property finders etc). This, I believe, is a test case and the decision will be awaited with great interest. If the judge decides against this Co, then it will have a snowball affect on all the hundreds of people who are using a similar methodology to by-pass the law. We will see.

A.P. Loizou

Q.: I have noted in the national press that a court order has been issued against (name withheld) a well known supposly estate agent. For this estate agent a stop operation order was issued because he is operating as an estate agent without being a registered one. What is this all about Mr Loizou?
Athina Anton

A.: The order is a temporary one until the case goes to trial. As you have said and I have repeatedly reported in this paper, there are all sorts of people dealing as estate agents not being so registered, but operating under various names (such as advertisers, property finders etc). This, I believe, is a test case and the decision will be awaited with great interest. If the judge decides against this Co, then it will have a snowball affect on all the hundreds of people who are using a similar methodology to by-pass the law. We will see.

A.P. Loizou
 

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