These articles are published in national media outlets, rendering George one of the most reliable sources of legal information about Cyprus, here and abroad.
Execution of a will by a disabled person
A disabled person who cannot sign a will because of a physical disability, such as paralysis of the muscles or who is blind or illiterate but is mentally sound, has every right and can execute his will and dispose of his...
10 February, 2023
Dismissal of claim for annulment of arbitration clause
Last week, the District Court of Larnaca ruled in favour of a sub-contractor represented by our firm, opposing the main contractor’s application seeking annulment of an arbitration clause in a Construction Contract based...
02 February, 2023
Admissibility of an appeal against an acquittal
The maxim, which is a basic human right and a fundamental freedom that no person shall be prosecuted a second time for the same offence for which he has been acquitted or convicted, is provided for in Article 12.2 of...
02 February, 2023
The name of the liquidator is specified in the title of a lawsuit
In every legal proceeding, whether it concerns a lawsuit or an application, brough by or against a company under liquidation, its name is mentioned and that it is in liquidation through its liquidator with reference to...
26 January, 2023
Positive prospects for Cyprus tourism 2023
The choice of Cyprus as a high-quality, low-price tourist destination highlights its competitiveness, attracting more and more holidaymakers, especially earlier this year due to the Easter holidays. Reservations in hotels...
20 January, 2023
Disposal of property to defraud a creditor
The legal protection of a creditor extends to set aside by a Court order the disposition of movable or immovable property made fraudulently by a debtor with the intention to defraud the creditor in order to delay or...
12 January, 2023
Regulation of self-catering accommodation
The availability of self-catering accommodation for short-stays serves a number of guests who choose this type of accommodation, either for holidays or for work, both from Cyprus and abroad. It is now considered a...
05 January, 2023
The blue contract for solar projects
Owners of agricultural plots of land which are essentially inactive, are increasingly showing interest in their long-term lease, by entering into the well-known blue contract, for the construction and installation of solar...
02 January, 2023
Failure of the District Officer to consult with local authority
The Electricity Authority of Cyprus often needs to extend its network to provide electricity to new residential units or areas under development and in this respect requires the installation of electric poles with supports...
21 December, 2022Enforcement of a statutory duty
Every person exercising public authority must properly apply the law for the benefit of the public and without interfering with any recognized right of any person. Indeed, such person is given a second opportunity to...
16 December, 2022
Renewal of a writ of summons
There is often a need to renew a writ of summons, which is valid for 12 months from the filing of the action, because despite the efforts of the plaintiff, it was not successful in serving it on the defendant or on any of the...
09 December, 2022Certification of forged power of attorney
The lack of adequate supervision and control of the certifying officers provides the possibility of defrauding the real estate owner, who may see his property lost illegally, usually by a relative who draws up a forged...
01 December, 2022
Enforcement of an award on an arbitration agreement
The arbitration clause in any agreement such as the provision of services, contracting, sale or rental of immovable property or agreement with any other object, is the basis for referring a dispute that may arise between...
25 November, 2022Disputed amount and substantive jurisdiction of the Court
The civil jurisdiction of the District Courts is determined by article 22 of the Courts of Justice Law, 14/1960, following the general and specific instructions issued by the Supreme Court. The President of a District Court shall...
18 November, 2022The Court of Appeal does not review its decisions
The powers vested in the Court of Appeal by the Law and the Constitution do not give it jurisdiction to review its decisions or orders, except in rare cases, where in exercise of its inherent power it can set aside a decision...
11 November, 2022Defrauding a judgement creditor
Failure of the judgment debtor to pay the amount of the installments he was ordered to pay, for a reason other than financial or physical weakness, constitutes an act of defrauding the judgment creditor. In order to...
04 November, 2022
Leave to cross-examine a person making an affidavit
The plaintiff who applies to the Court and secures an interim order, must appear with clean hands and is considered to have disclosed all the facts and documents that affect the judgement of the Court to grant an...
26 October, 2022The arbitrator adjudicates disputes and not claims
The jurisdiction of an arbitrator should be limited in adjudicating the disputes which are the subject of the referral on the basis of which he was appointed. Adjudication of any issues other than these do not fall under the...
14 October, 2022
Issuance of a contradictory order of the Court
The issuance of a Court order to recover the possession of premises against the husband does not permit the wife who became aware of the order and its execution to seek the issuance of a declaratory judgement....
07 October, 2022
Recourse by a Management Committee
A legally established management committee of a jointly owned building is a statutory body and where its powers and obligations are affected by a decision of the administration of either a state, municipal or....
03 October, 2022Noise pollution from entertainment venue
THE operation of an entertainment venue requires obtaining a license from the competent authority which, when examining an application, takes into account both the views of the competent bodies and the...
23 September, 2022Surety for issuance of order without notice
THE Court within the scope of its powers, upon proof of emergency or other peculiar circumstances, may issue a restraining or other interim order on the application of any party to the action without notice to the other...
12 September, 2022Appointment of a receiver or manager of the property of a company
The security afforded to a company creditor by a debenture of floating charge on the assets of a company proves its worthiness when the company does not meet its obligations and the creditor exercises the right to....
06 September, 2022Recourse against a town planning and building permit
ΤΗΕ building development observed in residential areas in the towns with the construction of apartment buildings between houses is now a necessity due to the lack of available plots and the demolition of old buildings...
26 August, 2022Intention to transfer property to enclaved buyer
ΤΗΕ Director of the Land Registry, in the context of examining the application of an enclaved purchaser and if he is satisfied that the conditions are met ...
19 August, 2022Arbitration clause survives in statutory tenancy
THE parties to any contract, even a tenancy agreement, may agree and include a term providing that in the event of a dispute arising between them in connection with the performance or interpretation of the terms of the contract ...
12 August, 2022Trespass to the right of access
The right of access granted through a neighbouring to an enclaved property is an easement registered in the land registry, as well as in the title deed of both the dominant and the servient property ...
08 August, 2022Donation agreement between parent and child
A parent who wishes to dispose of and transfer property to a child acting because of natural love and affection between them should not leave pending matters which may create disputes between his children leading them to Court ...
08 August, 2022Insufficient protection of landlord against tenant in default
The protection of the owner of a property subject to the Rent Control Law proves to be insufficient, since he is not allowed without a final judgement to collect the amount of the rents due which the tenant deposited at the accounting department of the Court ...
22 July, 2022Latches in taking legal steps
Taking legal steps on time in order to pursue a right protects the plaintiff from the defence of the statutory limitation and latches when it adversely affects the defendant’s rights ...
18 July, 2022
The real estate market determines rental values
THE conditions prevailing in the real estate market adjust the rental values of the properties accordingly and for those subject to the rent control there is the protection of the Court ...
07 July, 2022Revocation of a public tender
THE revocation of a public tender is a serious act of the administration, which must be taken exceptionally and provided the facts leading to such a decision are specifically stated so that to allow its judicial review ...
05 July, 2022Partner’s liability in an informal partnership
A partnership is a form of economic activity carried out by persons conducting joint business for profit and is not considered to have a separate legal entity, but shares responsibility with the partners whether it generates losses or profits ...
28 June, 2022Lease agreement subject to the sale of the property
THE pursuit of a similar remedy in an application for an interim order with that sought in the action constitutes an exception and it is unlikely that a Court will grant it, unless the facts are such that the balance of convenience justifies it ...
20 June, 2022Discontinuance of Court proceedings
Justice cannot function in vain, so any action or other Court proceedings are not maintained or continue when it is found that they have no object and become abusive ...
14 June, 2022Right of tenant to file a Reply
THE tenant’s right to access the Rent Control Court in a way that is effectively and not theoretically exercised when arrears of rent and possession of the leased premises are claimed, can be examined by the Court ...
06 June, 2022Issuance of title deed by the purchaser
THE deposition of a sale contract at the Land Registry safeguards the rights of the purchaser, who, as long as he fulfils his obligations, may claim the specific performance of the agreement and any other remedy he is entitled to against the obliged vendor ...
30 May, 2022Registration of assistant real estate agent
An assistant real estate agent is a physical person who is employed by a licenced real estate agent and carries out real estate transactions under his instructions provided he is registered in the Registry of Assistant Real Estate Agents ...
23 May, 2022Obligation to grant a passage
Article 11A of the Immovable Property Law, Cap.224, provides for two separate cases for the acquisition of a passage, either when a land is enclosed or when the existing passage is insufficient for its proper use, development and enjoyment ...
16 May, 2022Rights of assignor and assignee in an assignment agreement
THE assignment agreement regulates the rights of the assignor and the assignee especially when the assignment is absolute ...
09 May, 2022Stay of proceedings due to a liquidation application
THE protection of the rights of the creditors and the assets of a company against which a liquidation application is pending may be a good reason for stay of a lawsuit or other proceedings pending against the company until the issuance of the liquidation order ...
02 May, 2022Positive expectations for tourism
THE positive start of the tourism season creates optimism and expectations that this summer the results will be better in arrivals and income than last year ...
02 May, 2022Service of a lawsuit to the receiver of a company
A company’s receiver is appointed by a secured creditor, a debenture holder under a floating charge, and acts as a representative of the company ...
18 April, 2022Procedure for contempt of a Court order
THE Courts in the exercise of their powers issue orders, interim or final, by which they order a party to do or refrain from doing something, such as to deliver a property ...
11 April, 2022The principle of right and obligation
It is a basic principle of law that a person who chooses to accept a right that involves at the same time the fulfilment of an obligation, is not allowed to obtain the benefit and be released from the obligation ...
04 April, 2022Disposition by will and succession of relatives
Each person can legally dispose by will, which is executed in the manner provided by law, all or any part of the disposable portion of his estate ...
28 March, 2022Choice of a competent Court
THE choice of the Court before which a case is filed is essential as it relates to its jurisdiction and in case of lack of jurisdiction ...
21 March, 2022Injunction for the prohibition of public nuisance
THE activities of every individual, the state and the public authorities must be such as to respect everyone’s right to enjoy a comfortable life both at their place of residence and their place of work ...
14 March, 2022Compliance of Cyprus with a decision of the ECHR
THE decision of the European Court of Human Rights, ECHR, dated 9.1.2018 in the case of Nicolas v. Cyprus was examined by the Supreme Court of Cyprus in a judgment issued on 24.2.2022 ...
08 March, 2022The retrial of a case is a new trial
THE retrial of a case may be ordered by the Supreme Court in exercising its appellate jurisdiction and the case is heard from the beginning without taking into account the previous trial ...
28 February, 2022The license cannot be inherited
THE license to use a property creates a right to the licensee only to use it and it does not grant him its exclusive possession ...
21 February, 2022Confidentiality agreement
Every transaction includes elements of confidentiality, especially with regard to the sale of assets, property, shares or in the event of agency, franchising and employment ...
14 February, 2022Payment of contractor for building works
Very often, minor building works are assigned to builders in order to carry out repairs, constructions or extensions in houses or other buildings, even to build them ...
07 February, 2022Suppression of minority rights
THE purpose of the registration of a company with more than one member is to join financial resources, experience and business skills in pursue of the maximization of profit in favour of every person investing capital in the company ...
31 January, 2022
Resolving property disputes of spouses
THE property relations between spouses vary from case to case because of the different kinds of assets, the time and manner of their acquisition, the contribution of each spouse and on whose name they are registered ...
24 January, 2022Rights of an owner of a unit for alterations
THE rights of the owners of the units in a commonly owned building for alterations are regulated mainly by article 38D of the Immovable Property Law, Cap.224, constitute property rights and as such they fall under the scope of the private law ...
17 January, 2022Attachment of movables or debts in hands of third person
THE attachment of a property in the hands of a third person is a method of execution of a Court judgment and can be used when the judgment debtor is entitled to a sum of money, securities for money, goods and movable property which are in the hands of a third person ...
10 January, 2022Decree prohibiting illegal real estate profession
THE exercise of the real estate profession by a person who is not a registered real estate agent and has no license, is illegal, he commits an offense and the Real Estate Agents Council may apply to the Court ...
30 December, 2021Banker’s lien
THE relation between a bank and its customer is of such nature that it gives the right to the bank to set-off the customer’s debit and credit balances irrespective of the type of his accounts...
27 December, 2021Extension of time of statutory limitation
An actionable right is subject to time limits set out in the law, so when such a right or cause of action arises, it must be raised before the Court within the prescribed time of limitation and cannot forever hold...
20 December, 2021Recovery of possession of shop for own use
It is lawful for the landlord to claim the recovery of possession of his property, whether a house or a shop, for his own residence or for his own use or for the use by a close relative. When the property falls under the Rent Control Law...
13 December, 2021Pledge on a shares certificate
THE creation and registration of a pledge over a certificate of a company’s shares in favour of a creditor - pledgee constitutes a form of security provided for the repayment of a debt or the fulfilment of a promise...
06 December, 2021Appointment of a provisional liquidator
WHEN a company’s creditor serves to its registered office a claim for payment of an amount over €5.000 and the company for the next three weeks omits to pay the amount or to secure or settle it to the satisfaction of the creditor...
29 November, 2021Landlord refusing to collect rent
THE behaviour of the landlord and the tenant is examined by the Rent Control Court and in the event the landlord refuses to collect the rent or contributes to its non-payment, the Court will give the tenant the right to be heard...
19 November, 2021Notice of reference by an acquiring authority
THE acquiring authority, which may be the Republic, a municipal authority or a legal entity of public law or an institution of public utility may compulsorily acquire a property for public benefit purposes...
15 November, 2021Including all co-owners in Court proceedings Copy
A number of premises which are rented, although they belong to co-owners, the rent is collected by only one of them...
15 November, 2021Including all co-owners in Court proceedings
A number of premises which are rented, although they belong to co-owners, the rent is collected by only one of them...
09 November, 2021Reference of disputes to arbitration
THE parties frequently choose arbitration as the appropriate procedure for resolving disputes that may arise between them during the execution of their agreement...
02 November, 2021Order for the recovery of possession of property
THE order for the eviction and surrender of possession of a property, like any other order requiring the execution of a certain act, must specify the time within which it must be executed...
25 October, 2021Landlord, oil company and petrol station licensee
THE Rent Control Law 23/83, as amended, does not include in the term “tenancy” the lease of land used as a petrol station and explicitly excludes it. As a result, the lease agreement between the oil company and the owner...
19 October, 2021Bribery in the private sector
Bribery in the private sector constitutes a criminal offence, is illegal and a Court will not allow the recovery of any advantage received on its basis. It is a criminal act against public sentiment and the person ...
12 October, 2021Civil liability of an administrator of an estate
THE status of an administrator of the estate of a deceased creates to him duties and powers defined by law. His obligation is to ascertain the heirs, whether any of them is incapacitated, to find the assets and any debts of the estate...
07 October, 2021Injunction prohibiting the sale of a property
THE possibility of obtaining an injunction when filing a lawsuit by the plaintiff, which prohibits the defendant from the alienation or encumbrance of his immovable property is provided by law and is a remedy under the law of equity...
29 September, 2021Purchasing the goodwill of a business
Many people often enter into an agreement for the purchase of the goodwill of a shop or other business activity. In fact, for this purpose a large amount of money is paid with the awareness of the parties...
22 September, 2021The Consumer Protection Law of 2021
THE new legislation for the protection of consumers entered into force with the enactment of Law 112(I)/2021 dated 12.5.2021 to harmonize with the acts of the European Union...
13 September, 2021Obligation for payment of communal charges
THE management committee of a building complex is normally responsible to impose communal charges to the owners of the units, apartments, shops, offices or houses. This obligation of the landlord...
06 September, 2021Addition of a party to a pending action
THE addition of a person as a party to an action pending before the Court may be ordered if this is deemed necessary for the Court to effectively and completely decide all the issues raised in the case...
27 August, 2021Procedure for the resolution of a boundary dispute
Whenever a dispute occurs regarding the boundaries of adjacent properties which cannot be resolved amicably, the owners can apply to the Director of Lands and Surveys and request the resolution of the dispute...
19 August, 2021District Officers’ error in applications by aliens
The acquisition of an immovable property by foreign nationals of countries other than the European Union, requires the issuance of a permit by the relevant District Officer in whose district the property to be acquired is situated...
12 August, 2021Freedom to dispose property by will
THE freedom of a person to dispose his/her property by will is subject to a restriction concerning the statutory portion to protect his/her family and close relatives, who are his/her children, spouse and parents. The disposable portion is stated in...
06 August, 2021
Distribution of deemed dividend
The special defense contribution is a separate tax imposed by Law 117(I)/2002, as amended, to enhance the defense capacity of the Republic. Among the persons who are obliged to pay the special defense contribution are the shareholders of a company who are residents in the Republic ...
30 July, 2021On-site determination of land area
The decision of the Director of the Land Registry on a property owner’s application for the on-site determination of the area of a piece of land, or the Director’s request for additional information from the applicant or the consent(s) of the co-owner(s), is a matter that regulates a private right to property and does not promote a public purpose ...
26 July, 2021Hierarchical recourse against a town planning decision
THE delay that is observed and hinders the reform of local self-government seems to be attributable to political and other reasons as well as to the lack of deeper knowledge and understanding of the issue. The superficial approach that is shown harms the institution itself, its democratic character and the citizens, but above all it exposes our state to its international obligations. The unsuccessful effort that started in 2011 requires a new immediate start based ...
18 July, 2021
Choice of forum of convenience in admiralty dispute
THE delay that is observed and hinders the reform of local self-government seems to be attributable to political and other reasons as well as to the lack of deeper knowledge and understanding of the issue. The superficial approach that is shown harms the institution itself, its democratic character and the citizens, but above all it exposes our state to its international obligations. The unsuccessful effort that started in 2011 requires a new immediate start based ...
13 July, 2021Vision of local government reform
THE delay that is observed and hinders the reform of local self-government seems to be attributable to political and other reasons as well as to the lack of deeper knowledge and understanding of the issue. The superficial approach that is shown harms the institution itself, its democratic character and the citizens, but above all it exposes our state to its international obligations. The unsuccessful effort that started in 2011 requires a new immediate start based ...
09 July, 2021Enclaved buyer at loss
Due diligence before buying a property is necessary to protect the buyer in his choice regarding both the property and the seller. Through this, the potential buyer obtains the relevant information and becomes aware of any issues or risks, in order to decide whether to proceed with the purchase of the property. In particular, when the property does not have a separate title deed and the buyer is interested in purchasing it, due diligence is required so that to obtain a copy of the title deed of the seller...
04 July, 2021Disciplinary action against a real estate agent
Real estate agents, as well as other professionals, whose profession is regulated by law, in the exercise of their profession must show conduct that is not incompatible with their profession, otherwise they commit a disciplinary offence and they may be prosecuted by the Council of Real Estate Agents. The Council, when examining a complaint or when it becomes aware in any way that a registered real estate agent may have committed any of the disciplinary offences mentioned in the law...
25 June, 2021Cancellation of transfer of property made with undue influence
A person with poor health is usually cared for by a close relative, a situation which does not give the relative the right to acquire his property after the person lost his mental clarity. Such an act is considered unconscionable, since it is based on the relationship of dependence and the domination on the will of the ill person. The acquisition of property with the use of a power of attorney, either the transfer of immovable property or the withdrawal of money or the receipt of valuables, may be cancelled...
18 June, 2021Acquisition of immovable property in Cyprus by aliens
THE acquisition of immovable property by British citizens after 31.12.2020 when the transitional period due to Brexit ended is divided between those who purchased an immovable property before that date, for whom no permission is required from the District Officer and those who will acquire an immovable property through purchase, donation or inheritance after the aforesaid date, for whom the relevant permission is required. For them, as well as for citizens or legal entities of non-EU countries, who wish to acquire an immovable property in Cyprus...
11 June, 2021Determination of fair rent
THE determination of the fair rent by the Court regarding houses and shops situated in a Rent Control area is regulated by article 8 of the Rent Control Law, which provides that no increase can be imposed upon a statutory tenant, unless as provided in the Law. It is lawful for the statutory tenant or the landlord to apply to the Court for the assessment of the fair rent payable for the rented property, if they consider that the amount of the rent payable is not fair.
04 June, 2021Setting aside a forced sale notice
THE mortgage creditor, in the event of the mortgage debtor being in default, resulting in the whole amount of the balance of the debt becoming payable and the default being for a period of not less than 120 days from the date it is payable under the loan agreement or the provisions of the law, may undertake the procedure provided for the forced sale of the mortgaged property. The relevant notice of arrears or claim for the payment of the judgment debt is accompanied by the notice Type Θ provided by law...
28 May, 2021Sale of property charged with memo
THE creditor who secured a judgment against a debtor may register it as an encumbrance – memo in the Land Registry upon the immovable property registered in the name of the debtor. This security gives the creditor the right to apply to the court requesting the sale of the immovable property of the debtor in order to satisfy the judgment debt...
21 May, 2021
More tourists and less revenues
THE tourism industry made an early start this year and better results are expected in the following months. The Russian market entered first, followed by Israel, England, Germany along with the countries of Central Europe, Switzerland, Austria, Poland, as well as Ukraine and the Scandinavian countries. The hoteliers who took the messages seriously and undertook the risk, decided and opened their hotels in the last days of April and feel justified. They offered employment to their staff and the opening worked positively with good occupancies...
13 May, 2021Landlord’s remedy for non-payment of rents
THE new provision added to the Rent Control Law and in particular in case the landlord claims the recovery of possession of his property when the tenant does not pay the legally due rents, gives the tenant the right to file a reply to the eviction application, provided he proves that the rents have been paid. In this case, the registrar of the court accepts or rejects the filing of the tenant’s reply and his decision is submitted to the court within three working days for final approval or rejection. The court’s decision...
29 April, 2021
Debenture of floating charge is adequate security
THE granting of a debenture of floating charge on the assets of a company secures the creditor for a loan or a facility granted to it and gives him the right to appoint a receiver when the company does not meet its obligations. The charge is floating and is different from a fixed charge, since it burdens the company’s assets but allows it to carry on its activities and only when the right to appoint a receiver is exercised, it becomes a fixed charge attached to its assets.
16 April, 2021Stay of execution of an eviction order
A statutory tenant against whom an eviction order from a building was issued for the purpose of demolition, is entitled to a stay of execution until his appeal is determined; otherwise the appeal will become of no substance, the building will be demolished and the tenant will lose the right to restitution.
16 April, 2021Proper execution of a will
A will contains the written declaration of a person in accordance with the law for his intention regarding the disposition of his movable or immovable property after his death and includes a codicil. Therefore, in order for a document to be considered a will, the formalities required by law must be observed, otherwise the will is not valid.
16 April, 2021
Award of compensation for bonds
THE bonds were a sticking point and a dispute between buyers and the bank, claiming the money they invested, alleging that the bank had not complied with its obligations under the relevant law for the protection of investors and that its conduct constituted negligence and breach of its statutory duty, which allows them to be compensated for the loss they suffered.
16 April, 2021Safe purchase of property through auction
THE bonds were a sticking point and a dispute between buyers and the bank, claiming the money they invested, alleging that the bank had not complied with its obligations under the relevant law for the protection of investors and that its conduct constituted negligence and breach of its statutory duty, which allows them to be compensated for the loss they suffered.
16 April, 2021Remedy to correct Court proceedings
THE principle of natural justice requires that a person affected by an order or decision of the Court must be served with the relevant proceedings so that to be given the opportunity to be heard, a right safeguarded constitutionally. The guarantee of this right is the duty of every Court to establish that a person affected by any decision or order has become aware of the proceedings and has been given the right of defence to submit his own allegations...
09 April, 2021Extent of jurisdiction of the Administrative Court
THE Constitution in the context of its 8th amendment with Law 130 (I)/2015 amended article 146 and provided for the establishment, jurisdiction and powers of the Administrative Court to deal with and decide on a recourse related to a matter of public law. In particular, it empowered the Administrative Court to consider and decide, in the first instance, any recourse brought before it against a decision, act or omission of any body, authority or person exercising an...
02 April, 2021Transfer of building density
The law allows the sale and transfer of building density from a donor property, which must be a listed building, to a recipient building located in an area declared as such by the Council of Ministers. The owner of the recipient property can use buildable square meters from the donor property in order to cover any excess or need in the construction of the recipient building.
24 March, 2021Blocked joined bank account
A relation that is based on trust, between relatives or business associates or otherwise, may lead people to open a joint bank account, either a fixed deposit or another type of account depending on their needs or circumstances. Such an account operates in accordance with the mandate given and the bank is authorised to allow deposits or withdrawals from the account by the beneficiaries individually or jointly An agreement is created between the bank and the beneficiaries which allows the bank, based on the agreement’s explicit or implied terms, to...
19 March, 2021Re-opening of hotels in May
THE readiness of the hotels to welcome tourists is given and the efforts of the tour operators, especially from the United Kingdom, to start flights from May, creates the prospects for the tourist season to start earlier this year. Before the pandemic, bookings used to start from the previous year and gradually increased until the end of the tourist season in October/November commencing in March/April. Last year...
12 March, 2021
Due diligence before buying a property
THE term due diligence refers to the process usually initiated by the purchaser of an immovable property or a business, through which the interested party or entity requests and obtains information, documents and assurances as to the status of the property in issue but also regarding the seller himself. Although underestimated at the beginning of the negotiations, this preliminary inquiry is crucial...
03 March, 2021Timely renewal of memo upon a property
THE creditor who secures a court judgment against a debtor can register it in the Land Registry as a charge upon the immovable property which is registered and has a title deed in the name of the debtor. The registration of the judgment creates an encumbrance known as memo and makes the property a guarantee for the recovery of the judgment debt...
26 February, 2021
Requisition of property is ordered exceptionally
THE requisition of an immovable property intends to serve the public benefit and is an exceptional measure to cover an urgent need. It presupposes the issuance of an order published in the Official Gazette and determines the purpose for which it became necessary, the reasons for the requisition and when it will start, as its duration cannot exceed a total of three years. The purposes of public benefit are...
19 February, 2021Compensation for compulsory acquisition
THE Constitution in the context of its 8th amendment with Law 130 (I)/2015 amended article 146 and provided for the establishment, jurisdiction and powers of the Administrative Court to deal with and decide on a recourse related to a matter of public law. In particular, it empowered the Administrative Court to consider and decide, in the first instance, any recourse brought before it against a decision, act or omission of any body, authority or person exercising an...
05 February, 2021Security for the costs of an appeal
A litigant who files an action or uses any other legal procedure before the Court, including an appeal before the Supreme Court, when it appears from credible evidence that he is unable to pay the other litigant’s costs if he succeeds in his defence, he may be ordered to give adequate security for these costs and the procedure is suspended until...
22 January, 2021
Preliminary views of the Town Planning Authority
THE owner of a piece of land who intends to develop it may apply to the competent Town Planning Authority for preliminary views before applying for a town planning permit. This opportunity is usually used by the owners in order to be informed whether their town planning application will be treated positively or negatively based on the applicable planning/legal framework in the area. The preliminary views of the Town Planning Authority were not binding until the amendment of the Town Planning Law with Law 134(I)/2015...
15 January, 2021Affidavit determining assets of spouses
IN the context of an application to resolve property disputes between spouses, anyone of them can apply to the Court requesting an order against the other spouse to disclose his/her assets through an affidavit. The Court sets a time limit of 15 days or any other time from the issuance of the order within which the spouse is obliged to submit an affidavit in which he/she describes in full, clearly and in a specific way the property...
08 January, 2021
