Buyers still waiting for the title deeds of their property in Cyprus are right to complain and form committees to exercise pressure on developers and the government to find a solution to their problem.
From my own perspective I quite often see and read articles about measures taken by action groups and news of their communication with government officials and statements about the new title deeds law that will be passed before the end of the year.
As a lawyer and a keen follower of politics and new legislation and as I was educated in the UK and specialise in European Law, I have to confess that there is normally a very long process to follow before any legislation changes can take place regarding the way title deeds are issued. It is also extremely difficult to change laws simply by voicing opposition and concerns. Any changes to the law can only be achieved firstly through the Cyprus courts and then through the European Courts.
Although the approach of voicing opposition and concern and forming committees to exercise pressure upon the developers and the government to find solutions is helpful, on its own it will not bring any results unless the buyers also take the obliged vendor to court and place him under observation to issue the separate title deeds or appoint a suitable person to issue the deeds on their behalf.
They can base their claim on Law 96(I)/97, which gives the court the authority to issue such an order against the obliged vendor, who neglects to take the necessary steps for obtaining the necessary permits and approvals for the issue of the separate title deeds. This procedure is simple, quick and the outcome will be successful without any real cost to the buyer
Expatriates living in Cyprus should remember that the Law of Cyprus is a higher authority than the government and with this in mind they should use their persistence and momentum to obtain court orders against the developers.
One should also remember that the issue of title deeds not only affects expatriates but also Cypriots and that many Cypriots have managed to find justice concerning the lost of their properties in the occupied areas through the local courts and subsequently the European courts.
In these instances, justice has been served not through negotiations but by the application of the Law. Until such times as the whole issue of title deeds is addressed, once and for all, people should remember that not only do they have a right to be heard and to demonstrate but that the application of the Law is there to assist them as well.
Savvas Savvides, Lawyer,
Paphos
