Obtaining a Right of Way
RIGHTS OF PASSAGE – ON IMMOVABLE PROPERTY
IMMOVABLE PROPERTY (TENURE, REGISTRATION AND VALUATION) LAW
What the Immovable Property Law (Cap 224) states regarding the Right of Way ?
It is a fact that in Cyprus a lot of times there can be a long procedure in obtaining a right of way. Rights of Way are usually claimed through the Land Registry Department from owners of properties that have no access to a public road and usually they want to develop their properties.
The following are stated in the Law (CAP 224) regarding the Rights of Way/Passage from one immovable property to the other.
Rights of passage, etc. on immovable property of another
11.-(1) No right of way or any privilege, freedom, slavery, or any other right or advantage is acquired on the immovable property of another non-
(a) pursuant to a concession by the owner duly registered in the Provincial Land Registry; or
(b) where it has been exercised by any person or by those of whom he is claiming for a full period of thirty years without interruption:
Provided that the provisions of this paragraph do not apply to any immovable property owned by the Republic or property owned by the Republic; or
(c) where this has been recognized by a judgment of a competent court; or
(d) where it was awarded with a firman (order), or other valid document drawn up before June 4, 1878, which had been in effect since its training; or
(e) where acquired under the provisions of Article 11A; or
(f) where it was created and acquired by virtue of the provisions of the 1962 Immaterial Expropriation Law or any law amending or replacing it; or
(g) where this was reserved in writing by the owner of any immovable property by the transfer of this property:
Provided that the preceding paragraph also applies to any provision relating to the use or development of any immovable property or to any restriction on its use or development; or
(h) where this is created by a decision of the Director in order to secure the passage through an enclosed partition resulting from division and distribution in the context of the application of the provisions of subsections (1), (2) and (3) of Article 29.
(2) No person shall exercise any right of access or any privilege, freedom, bondage or any other right or advantage over the immovable property of another unless such self-
(a) has been acquired as provided for in subparagraph (1); or
(b) is exercised under the provisions of any Law in force for the time being;
(c) shall be exercised under a written authorization by the owner.
Obligation to pass through
11Α.-(1) Regardless of the provisions of this Law if immovable property is forbidden for any reason in such a way as to lack the necessary passage on a public road or if the existing passage is inadequate for its proper use, development or exploitation, the owner of the immovable property is entitled to require passage on neighboring real estate property by payment of reasonable compensation.
For the purposes of this paragraph, “passageway” includes the right to divert water, sewage or any other liquid through ducts or pipes or any other suitable means.
(2) The direction of the passage and the extent of the right to use it, as well as the compensation to be paid, shall be determined by the Director after prior notification to all interested parties and if, upon such notification, any of the interested parties fails to attend on-site investigation specified in the notification, the Director may take any action required in his / her absence.
(3) Obligation of neighbors to provide a passage does not exist if the transport of immovable property to the public road has ceased by a self-act or omission of that owner.
(4) If, due to the sale of part of the immovable property, the transport of the part that was extorted or left to the public road was interrupted, the owner of the part, through which the transportation has been done so far, is obliged to pass through. Divestiture of a party is also equivalent to the sale of one of several immovable properties belonging to the same owner.
(5) A passage granted on the basis of this Article shall be regarded as a right, work or benefit acquired under the provisions of Article 11 and the provisions of this Law shall apply to any such passage.
(6) The Council of Ministers shall issue Regulations regulating any matter which needs to be dealt with, in order to better implement this article and in particular the procedure followed for the purposes of this article:
Provided that Regulations made pursuant to this paragraph shall be deposited with the House of Representatives, which within 15 days of such deposit shall decide on them. In case of approval or amendment of the Regulations submitted in this way, they shall enter into force as approved by the Parliament.
(7) The provisions of this Article shall not apply to any State land without any special decision of the Council of Ministers and in such conditions as may be prescribed in the decision.
As a result of all the above but not limited the application on obtaining this right of way needs an expert review prior to the submission to the appropriate Department of Land and Surveys. Our Law Firm specializes on all immovable property issues and can advice in detail on the correct way the right of passage should follow after a proper investigation.
Our clients always get the benefits of the different scenarios that exist so a correct decision can be made which will lead to a faster procedure through the Department of Lands and Surveys but on the other hand it will save them money.