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Cyprus Property Forced Sale Auctions

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Information on the Cyprus Forced Sale Auction Procedure

Pelendri Village                                     Photo ©

Sale of Properties Held in Undivided Shares

Any co-owner in a property held in undivided shares must first obtain a certificate of indivisibility to be entitled to file an application for the sale of his property. Such certificate may be obtained from the Director of the Department of Lands & Surveys stating that the property in question cannot be partitioned or divided amongst the co-owners without contravening the provisions of the law (e.g. with respect to the minimum extent applying for the division of properties).

The application to obtain a certificate of indivisibility shall be deposited with one of the District Lands Office regardless of the District where the property is situated (there is no specific application form for this purpose).

Documents attached to the application

➤ Certificate of registration (if any).

➤ Search certificate on which all co-owners of the property are shown.

➤ Certificate signed by the President of the Community/Mukhtar which must specify:

➤ The names and addresses of all registered co-owners or their heirs where any of the co- owners is deceased.

➤ That the property is in the same condition as described in the title.

➤ That the property is held in undivided shares by all co-owners.

➤ Whether the property is irrigated or is capable of being irrigated by a perennial or seasonal source of water.

Where no registration for the property exists a local enquiry shall carried out before issuing the certificate of indivisibility.

All applicable fees are payable upon deposit of the application.

Service of certificate of indivisibility

Any co-owner in a property held in undivided shares may, upon receipt of the certificate of indivisibility, serve a copy thereof accompanied by a notice attached thereto to all co-owners resident in Cyprus stating that unless all owners do not, within a period of thirty (30) days, agree that the title of the property be transferred to one person, he shall apply to the Director of the Department of Lands & Surveys to proceed with the sale of the property by public auction. The service is made either by double registered post or per writ of summons served by a bailiff or personally in the presence of a witness.

Documents attached to the application of sale

After the lapse of the period of 30 days from the date of service of the notice and of receipt of the certificate of indivisibility, the applicant, his agent or attorney may file an application with the Lands Office of the District for sale of the property and attach thereto:

➤ Copy of the certificate of indivisibility.

➤ Copy of the notice to co-owners.

➤ Sworn statement by the applicant with respect to the aforesaid service.

➤ Advice of receipt by the post where the service was made by double registered post.

➤ A certificate certifying the absence of any co-owner abroad.

➤ Certificate of registration (title) of the property.

All prescribed fees for acceptance of the application and all relevant expenses are payable by the applicant.

The Director may exercise his discretion and proceed with the sale of the property in accordance with the rules of sale and distribute the proceeds of sale amongst all co-owners in accordance with the size of their share after deduction from the proceeds of sale of all fees, taxes, charges and expenses. The Director shall take all factors affecting or concerning the property into account and in certain cases is entitled to refuse to proceed with such sale.

Time of completion of the procedure

This procedure does not take more than one year, and varies depending on the particularity of the case, the accumulated volume of work and the available personnel.

Source Department Of Land And Surveys