Cyprus Land – Boxed in? No Access?

Acquisition of right-of-way

 

Law, Cap. 224, Article 11A and Regulations 255/67

Where a property is surrounded completely by other properties and is thus deprived of the necessary access to a public road or where the existing access is insufficient to make full use of the property, the owner may claim to obtain a right-of-way from adjoining properties upon payment of reasonable compensation.

Procedure – Application

The acquiring party (i.e. the registered owner claiming access) shall serve a notice upon the servient tenant (owner of the property through which access is claimed) on Form N283 properly completed and signed and accompanied by a survey plan. Such form must contain the particulars of the dominant tenement (the property for which access is claimed) and of the servient tenement (the tenement from which access is claimed)

This notice is served upon the servient tenant to inform him of the acquiring party’s intention to acquire access and the reason for which such access is necessary.

Note:

1. It is the applicant’s (owner’s) responsibility to ascertain the name and the exact address of the owners of the adjoining properties so that the notice may be served upon them. All interested persons may obtain particulars of the adjoining properties on a certificate (see here) including ownership upon filing of an application and payment of the prescribed fees (see Fees and Charges).
2. Such notices may be served by double registered post or handed personally in the presence of at least one witness (the presence of the witness is not necessary if the notice is served upon a public authority).
3. The service of the notices and of the copies of the plans is confirmed by means of an affidavit stating the persons upon whom the notice was served, the time and place of the service with the attachment of the postal advice of the double registered letter and copies of the notices (Form N.283) and of the plans.

The acquiring party must within sixty (60) days from the service of the notice as mentioned above, file an application made on Form N. 284 for the acquisition of the right-of-way.

Documents attached to the application

i. Affidavit made by the owner of the dominant tenement with all documents accompanying it.
ii. Certificate of registration (title) of the property in favour of which the right-of-way is requested.
iii. Search certificate stating the owners of the properties from which the right-of- way is requested.

ATTENTION: After the lapse of the sixty-day (60) period the application shall not be accepted and the service of new notices is required.

Local enquiry

All interested parties are given at least seven days notice for purposes of local enquiry. The visit to the premises takes place whether or not in the presence of the owners of the properties through which the right-of-way is requested. Interested parties are, in addition to the owners of the properties, any such persons in whose favour a charge is registered in the books kept with the Department of Lands & Surveys.

The Land Officer considers the application carefully, hears all views, remarks and objections of any interested person. With regard to the conditions on site and legal identity of the properties, the land officer makes an effort to reach a compromise so that the parties may come to an amicable agreement for the grant of the necessary right-of-way. Where the land officer fails in his effort for an amicable agreement, the position of the right-of-way, its extent with respect to the use of the property and the compensation to be paid are determined by the Director of the Department of Lands Office bearing in mind that the right-of-way to be created must only cause the slightest possible damage, noise or disturbance to the interested parties. The Director’s decision is documented on Form N. 286 which should also include the right-of-way and describe its area of extent and the compensation payable. The position and direction of right-of-way is shown on the drawing/plan attached on Form N286. The decision is notified to all interested parties and calls upon the acquiring party to deposit the estimated compensation with the Department of Lands and Surveys within a period of not less than thirty and not more than sixty days.

Note:

1. The period of thirty (30) days gives the opportunity to all interested parties to appeal before the court against the decision of the Director if they do not agree with the position, the direction or the extent of the right-of-way or the amount of compensation.
2. If during the local enquiry it is ascertained that in addition to the proposed servient tenements there are also other suitable properties then the decision is postponed and the applicant is notified to serve Forms N283 upon the owners of the other properties within the prescribed period of sixty (60) days.

Fees

For fees levied upon acceptance of the application, for recording of the right and for registration see Fees and Charges.

Time of completion of the procedure

This procedure takes more than six months and there exist specific periods which need to be complied with (see above). Furthermore, the time of completion varies depending on the case and its particularities and on various other factors such as the number of servient properties, the morphology of the ground, the existence of other suitable properties, for which no such procedure has been initiated, the co-operation of the owners of adjacent properties etc.

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