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Settlement Of Cyprus Boundary Disputes

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Information for on settling Cyprus property boundary disputes

Vouni Village                                           Photo © CyprusExpat.co.uk

Law Cap.224, Section 58

Where any dispute arises as to the common boundary of two properties, any of the owners may request the Director of the Department of Lands & Survey to settle such dispute. No Court shall entertain any action or any other proceedings related to such dispute unless it has been settled by the Director of the Department of Lands and Surveys in the first instance.

Requirements for the settlement of boundary disputes

At least one of the two adjoining properties must be registered (i.e. have a title). Such registration must be based on a plan prepared by the Director of the Department of Land and Surveys.

The dispute must not have previously been settled by the Director.

Filing the Application

The application for the settlement of a boundary dispute must be filed on Form N.268 obtained from any District Lands Office or downloaded from the webpage The application form is to be completed, signed and filed with any District Lands Office and shall be accompanied by the certificate of registration of the property or a photocopy thereof.

It is the applicant's responsibility to ascertain and mention in the application the name and the exact address of the owner of the adjoining property. For purposes of convenience of the public, the Director of the Department of Lands and Surveys may issue a search certificate upon an application made by any owner. The search certificate shall indicate the person(s) in whose name the properties adjacent to the applicant's property are registered or recorded in the books of the Department. The applicant must also ascertain the true owner/party in such dispute.

Fees

All prescribed fees are payable upon filing of the application.

Local enquiry

The local enquiry is carried out after all interested parties have been notified of the exact date and hour of the enquiry at least 14 days in advance by means of registered post. The application will be processed only after ascertaining that:

The names of the persons mentioned in the application are the registered owners of the adjoining plots.

The notices have been sent to the correct addresses.

The aforementioned requirements are met.

At least one of the parties concerned has indicated locally the disputed portion of land.

If all above requirements are met, the Land Officer in cooperation with the Land Surveyor/ Technician Engineer of the Department shall, after completion of the surveying work, indicate the position of the common registered boundary of the properties.

After the boundary has been indicated and determined, the parties concerned are entitled to either accept this common boundary as indicated by signing a statement, or they may not accept the boundary as indicated. In both instances, the dispute shall be resolved by a decision of the Director of the Department of Lands and Surveys, notified to the interested parties. Any of the interested parties who does not accept the Director's decision, may lodge an appeal before the Court of the District where the property is situated.

The period, within which an appeal may be filed, is thirty (30) days from the date of posting of the relevant notice of such decision.

The time required for completion of the procedure is estimated to 12-18 months provided that no appeal against the Director's decision is lodged and varies according to the particularity of each case, the accumulated volume of work and the available personnel.

Note

Settlement of a boundary dispute is the only surveying work that cannot be delegated to a Private Licensed Surveyor.

Source Department Of Land And Surveys

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