There are certain cases in which an owner of immovable property finds himself in a very difficult situation, where his property is surrounded by other properties without access to a public road. Section 11A of Immovable Property (Tenure, Registration and Valuation) Law Cap 224 gives a way out to these owners to overcome this unacceptable situation. In particular, the legislation gives the right to the “enclaved” owners to request a way to a public road through a neighbouring property with the payment of a reasonable amount of compensation. The minimum period for the completion of an application for compulsory acquisition for the right of way is 6 months, always depending on the workload of the Department of Lands and Surveys. In this article, we will see the significant provisions of the Law and the procedure for obtaining a right of way.
The owner of the “enclosed” property sends a notification to the owner of the adjoining property, where he wishes to obtain the right of way, through a relevant form (Form N.283) of the Department of Lands and Surveys along with a cadastral plan. The owner of the “enclosed” property must firstly fill the form with all the details regarding his property as well as the details of the neighbouring property. With this notification, the owner of the “enclosed” property aims to inform the owner of the adjoining property about his intention to obtain a right of way through his property and the reasons why it is necessary to do so.
The details of the adjoining properties can be given to the “enclaved” owners by registering a relevant application in the Department of Lands and Surveys.
Within 60 days from the date of the notification to the “neighbouring” owner, the owner of the “enclosed” property must submit an application (Form N.284) with the Department of Lands and Surveys along with the following documents:
After an on-site inspection of the property, the Department of Lands and Surveys will examine the application taking into consideration the opinion and comments of the interested parties. The aim of the Department of Lands and Surveys is for the parties to reach an amicable settlement. In case the amicable settlement is not possible, the Director of the Department will determine the way to a public road of the “enclosed” property and the amount of the compensation to be paid to the other party with a view to cause the least possible damage to the interested parties.
The parties have the right to appeal the decision to the Court within 30 days. The owner of the “enclosed” property must pay the compensation to the other party within 60 days from the day of the decision of the Director of the Department but after the expiration of the 30 days’ period for appeal.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Andreas Potamitis, Associate at the Limassol Office, telephone 25363685 or email email@example.com