Communal area liability

[Royle]

Hi folks, we have an issue with an owner regarding tall trees, the trees are on communal land , but in a garden area which are under the terms of the deeds her property has the sole use of. The other owners want them removed she dosnt. Can the committee make the decision to remove them? Thanks

[ApusApus]

You may find that you have a problem if "a specific part of a jointly-owned property is allocated for the exclusive use of a specific unit" but it seems to depend on what is described in the certificate of registration as defined in section 38F of The Immovable Property Law Of 1993 (Tenure, Registration And Valuation) (Amendment) Section 38 Buildings Under Joint Ownership! An English copy of the Law is here http://www.news.cyprus-property-buyers. ... gs-law.pdf

Maybe the best option is to put your question to Nigel Howarth at Cyprus Property Buyers http://cyprus-property-buyers.com/, I have contacted him several times & found him extremely helpful!


Shane

[JimX]

In the properties I have lived in while on Cyprus, it was always the responsibility of the Muckatar to keep these communal areas tidy and cleared, so go and ask him.

[Molly]

If they are on her land, I'm curious as to how it can be communal Land!!

[emgee]

Royle

Respectfully, "communal" and "sole use of", are completely opposite meanings,surely it has to be one or the other, anyway good luck with the issue.

Alan

[emgee]

Royle

Respectfully, "communal" and "sole use of", are completely opposite meanings,surely it has to be one or the other, anyway good luck with the issue.

Alan

[Varky]

Hi folks, we have an issue with an owner regarding tall trees, the trees are on communal land , but in a garden area which are under the terms of the deeds her property has the sole use of. The other owners want them removed she doesn't. Can the committee make the decision to remove them? Thanks

So, the trees are on her land? As stated in her deeds? Then I would imagine, unless the trees are a danger then the answer is no....

No, according to the posting the trees are on communal land.

The owner has sole use of that area, but does that include the trees, that is another question. It depends upon what her deeds state. I would have thought that if she has sole use, then I would doubt whether the area is actually under the responsibility of the committee. Who maintains the area with respect of tidying/irrigation. As a start I would want to see her title deeds as some form of proof.
Can of worms!

[Royle]

Thanks all. All land on the development other than the house boundaries are communal, however certain owners have sole use of their drive ways/gardens etc. Household insurance only covers to your property boundry therefore seperate insurance is required for communal area, including that part which is for sole use! Thus if a tree falls from that area whos insurance covers ! Not the owners thus committee must have a rIght!!!

[ApusApus]

You still need to check how it is described in the certificate of registration! What you have is classed as "Limited jointly-owned property" which means a part of your jointly-owned complex is allocated for the exclusive use of one unit only! The Law is quite clear in that the Management Committee should insure "the communal" areas so that this sort of problem does not arise BUT the Law states that you only have to provide cover for fire, earthquake & lightning anything else is optional! The sting in the tail is that individual committee members can be held personally liable so you need to make sure you have indemnity cover for them!


Shane