What Edmond and Claire did not suspect at the time was that the property they were acquiring was part of a larger area. This automatically made them co-owners of an entire property, the exact boundaries of which were unknown to them.

As long as everything runs smoothly, buying real estate seems uncomplicated. It becomes more difficult as soon as official documents, permits or legal clarity are required. This is exactly what a British couple who had visited the island regularly since 1981 and finally decided to buy property there had to experience.

Carefree stays turned into a years-long cycle of disappointment, uncertainty, frustration and increasing stress.

Edmond and Claire (names changed) were so taken with Cyprus that they decided to retire there in 2005. They bought a plot of land in Ayios Tychonas from a property developer – assuming that they had laid the foundation for their new life.

What they were not aware of, however, was that the property was part of a larger land complex. Although they were listed as co-owners, the exact property boundaries were not clearly defined. Construction was therefore not possible. It was only after three years of legal disputes that their names were entered in the land register – but without clear parcelling, which continued to prevent development.

In addition, the developer did not keep his written promise to provide a road as well as water and electricity connections within a year.

Edmond and Claire were supported by a Cypriot friend named Lakis (name changed), who was familiar with the processes and spoke both languages fluently. With his help, they sued the developer and achieved at least formal confirmation of their ownership. At the same time, the lawyer advised them not to proceed because of the lack of infrastructure, as the developer was considered unpredictable.

Claire later reported that she was very lucky to be able to count on friends to help her navigate the complex system.

As the original retirement dream seemed increasingly unrealistic, Edmond and Claire decided to purchase another plot of land in another part of Limassol. Based on previous experience, they asked the lawyer to carefully examine all details. They were assured that there were no problems.

After the purchase, they submitted their construction plans – and received another sobering news: an old road and a water tank were located within the property boundaries. This property was therefore also not buildable.

"In the UK, you rely on your lawyer – he takes care of everything. In Cyprus, it works very differently," Claire explained later.

Edmond passed away in 2018. Claire is convinced that the long-term burden exacerbated her situation and contributed to his early death. In his will, Edmond appointed her as sole heir to the property.

A sale was impossible not only because of the unclear ownership structure, but also because of the Cypriot inheritance laws. These provided that Edmond's estranged son was entitled to a compulsory share.

"I'm bouncing off the limits of the Cypriot legal system again – and nobody seems to care," Claire said.

Edmond was not informed that foreign citizens can include a choice of law clause in their will. It therefore did not stipulate that British inheritance law should apply – a decision that would have had only limited effect even then.

In Cyprus, inheritance law is governed by the Wills and Inheritance Law and the Estate Administration Act. In addition, as an EU member state, the European Inheritance Regulation applies.

In principle, anyone can write a will. However, this only applies to the freely available part of the estate. The remaining part is subject to the so-called compulsory portion right, the extent of which depends on the relatives living at the time of death.

Cyprus inheritance law aims to protect family relationships. Therefore, the freedom to make a will is restricted, especially in favor of close relatives such as spouses, children, grandchildren or parents.

EU law allows EU citizens to choose the law of their country of origin, but this decision must be explicitly recorded in the will. Otherwise, Cypriot law automatically applies.

A distinction is made between movable and immovable property. In principle, the law of the country in which the property is located applies to real estate – regardless of the testator's place of residence. For movable property, on the other hand, the law of the country of residence may apply, provided that this has been clearly regulated in the will.

Cypriot inheritance law recognises four groups of relatives entitled to inherit, starting with children and their descendants, followed by parents and siblings, other close relatives and more distant degrees of kinship up to cousins.

The freely available part of the estate is limited by law. Depending on the family constellation, this may include a maximum of a quarter, half or – in the absence of close relatives – the entire estate. Dispositions that go beyond this will remain valid in principle, but will be reduced accordingly.

The remaining compulsory portion is then distributed according to the legal succession, starting with the spouse's share.

On the positive side, inheritance tax is no longer levied on deaths after 1 January 2000 in Cyprus, as it has been completely abolished.








Cyprus
Author: Rebekah Gregoriades
Source: CyprusMail.com