Quite often in Cyprus, the roads to vast areas of farm land haven’t been developed so it is not uncommon for areas of land or immovable property in the countryside to not have direct access to the public highway or even a public road.
There are many cases in Cyprus taking courts time to establish right of way for the proprietors of such land asking how to acquire access to their property legally.
Section 11A of the Immovable Property (Tenure, Registration & Valuation) Law, Chapter 224 provides for the way in which such owner can obtain a right of way.
Section 11A Chapter 224; Acquiring a Right of Passage
Cyprus legislation defines a property to be “enclaved” when it is surrounded completely by other properties, and can therefore not access a public road or where links to the existing land is:
- Inadequate to properly access.
- Unable to be properly used.
- Unable to develop or start construction on the land.
- Has ceased due to a voluntary act or omission of the recipient party.
However as per Section 11 A3, the proprietor of any neighboring land has no obligation to provide access from the property to the adjoining road. According to Section 11 A1, the owner may claim a right-of-way from adjoining properties upon payment of reasonable compensation.
The procedure to use Section 11A requires the enclaved property owner to serve a notice upon the owner of the property through which access is being requested in order to inform them where access is being requested and the reason for which such access is required.
Proper service of notice requires that Form N283 has been signed and accompanied by a valid survey plan to set the direction of the exact access to the land. The Form should contain the details of the dominant tenement (applicant) and of the servient tenement (recipient).
Then, the acquiring party must file an application on Form N284 for the acquisition of the right of way within a 60-day period from the service of the notice. Once the 60 days have lapsed, the application shall no longer be accepted.
The requesting party should obtain a plan detailing the right to use it, with the reasonable remuneration to be paid from the Department of Lands & Surveys.
Where an application is rejected, the Land Officer gets involved to try resolve the agreement amicably. Usually disagreements arrive over the following details:
- The position of the right of way.
- Its extent with respect to the use.
- The compensation to be paid.
The Director of the Department of Lands Office decides upon the matter in such a way as to lesson the potential damage or nuisance caused. Following a successful application, it should be noted here that as per Cyprus legislation, any access given to the servient tenant is an easement and remains part of the ownership of the original owner.
Eltoma Property have local Solicitors on hand to assist with any queries regarding the sale or disposal of property or land in Cyprus, contact us for more information.