Sections and Activities
The Tenure Branch is subdivided into three sections:
- General Registration / Incorporation of New Plans
- Land Consolidation
The Tenure Section is involved with the application of Parts II and IIA of the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224, which determine the tenure of immovable property. In particular sections 11, 11A, 12, 14, 22, 23, 27, 28, 29, 33, 34, 43, 50A and 38A-38FF of the Law.
Various legislations in force until 1.9.1946 subdivided immovable property into five categories with different rights of ownership appertaining to each category. Legal provisions which regulated rights of ownership and prescription were complex and discrimination was made in inheritance rights between muslims and non-muslims. Furthermore, dual ownership (land and trees on the same land belonging to different persons), co ownership and multifragmentation of land created grave problems in the use and development of immovable property.
The above issues were addressed with the introduction of the Immovable Property (Tenure, Registration and Valuation) Law, which was enacted on 1.9.1946. For over half a century this law has been regulating tenure, registration and valuation of immovable property. Over this time it has been amended in attempts to further modernise and improve relevant provisions so that they may keep pace with socioeconomic developments and contemporary demands.
GENERAL REGISTRATION / INCORPORATION OF NEW PLANS SECTION
The General Registration / Incorporation of New Plans Section is involved with:
a) The gradual completion of General Registration for immovable property across Cyprus based on new plans on scale 1:2000 and in accordance with sections 43 and 45 of the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224.
b) The replacement of existing plans in use, with new plans and preparation where necessary of new Land and other Registers in accordance to section 50A of the Law, Cap. 224.
Furthermore, given the state of affairs which emerged as a result of the 1974 Turkish Invasion the Section also deals with:
a) The application of interim legislation for immovable property in areas under control by Turkish occupation forces.
b) The creation of new land registers for areas of the Famagusta District, which have remained free.
LAND CONSOLIDATION SECTION
The Land Consolidation Section deals with those provisions of the Agricultural Consolidation Law (No. 24 of 1969), which relate to the Lands and Surveys Department. The Section's main activities include:
a) Preparation of a schedule of ownership for those entitled to registration for all areas undergoing Land Consolidation, in accordance to the current ownership regime, once the real owners have been determined after local enquiry into amongst other things the way in which the property was acquired whether by inheritance, adverse possession registration or the application of certain provisions of the Law, Cap. 224 (e.g. ownership of trees and land)
b) Co-ordination of various divisions of the Lands and Surveys Department (Survey, Cartography, Registration, Valuation, Land Management), and various other Departments (Land Consolidation Department) until the preparation of the finalised consolidation plan and the issue of permanent titles.
c) Registration of titles for the new plots created upon completion of the consolidation plan.