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posted 8 years ago
In accordance with the Immovable Property Law in
When there is no share specification on the land and it is not indicated on the Title Deeds between the co-owners then each co-owner is entitled to equal shares on the plot of land.
It has been ascertained that the most crucial issues arising from the undivided share distribution of land
The Immovable Property Law Cap. 224, resolves the divisional conflicts between the plot co-owners. According to the law, the Director of the Land Registry Office undertakes the main role for the resolution of this type of dispute outcome. An application to the Director of the Land Registry Office must be lodged by any of the legal co-owners requesting for the separation of ownership of the plot.
The Director of the Land Registry Office separates the plot and on the final separation
According to the Immovable Property
Likewise, in situations in which there are not any disagreements between the co-owners, the Director can allocate the plot as per the wishes of the involved persons.
A co-owner that possesses a share that is too small and cannot be allocated on the plot is valued by the Director of the Land Registry Office and the remaining co-owners will pay out the small co-owner. The Director is entitled to notify the results of the distribution to the co-owners.
Nevertheless, if a small co-owner disagrees with the separation of the land he is entitled to take legal action against the co-ownership of the plot.
Similarly, it is possible to submit an application for the partition of an undivided plot by a majority of 60% of the co-owners of the plot of land. This provision overcomes the obstacle created by certain co-owners that hold a minimum percentage of the share of the plot.
The Immovable Property Law allows for the division of plots located in residential areas and on plots with a minimum of 600
The Director of the District Land Office’s decision is published and the relevant parties are notified of the deadline
Recently, a dispute was resolved over a large plot of land in Nicosia that had remained untouched for years due to an ongoing distribution disagreement between its co-owners. The issue was resolved according to the Immovable Property Law and the involvement of the relevant district Land Registry Office.
The purpose of this legislation was not to fragment the plots but to provide its owners with the freedom of avoiding lengthy judicial and non-judicial processes.
The content of this article intends to provide a general guide to the subject matter. Specialist advice should be sought
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