# title deeds



## Friends54 (Nov 4, 2009)

Hi
I don't have my deeds yet and I wonder if anyone has any info on this. My solicitor e-mailed me to tell me that new legislation will be passed shortly in Cyprus which will limit our ability to sue the developers. He said I needed to commence legal action immediately. I haven't read anything about this and wonder if this is an attempt to drum up business.
Appreciate any help from members


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## Cleo Shahateet (Feb 23, 2009)

I asked a lawyer in Paphos that we know well and he responded to me as follows:

"The solicitors suggestion is wrong. The law of limiting the time within which claims could be brought in to the Court is suspended for another year. The lawyer is trying to make money from this client."


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## Friends54 (Nov 4, 2009)

Thanks for this It's confirmed what I thought


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## hissyfits (May 5, 2013)

(moderated)

Many Cypriot developers have non performing loans on properties that have been fully paid for by the buyer so it is a worrying time for those fearing that their property might be repossessed by the bank to pay off the developers loan.

Is this helpful? Although it is from a Lawyers web site it does quote the law reference number so should be easy to check out. 


LIMITATION WARNING 



The Limitation rules in Cyprus have undergone a significant change, with the passing by the 
Parliament of Cyprus of the new Limitation Law (N. 66(I)/2012). The implementation of the 
law has been delayed until 31 December 2013, however it is not anticipated that the 
implementation will be delayed any further. 

The new Law introduces certain time-limits for the filing of civil claims and time starts to run 
on the day upon which the cause of action arises. 

Under the Law, no civil claim may be filed after the passing of 10 years under any 
circumstances. 

In addition, the following are the limitation periods for the most widely-encountered civil 
claims: 

1. A claim related to mortgages or pledges cannot be filed after the passing of the 12 
years from the date on which the cause of action is completed. 
2. The default limitation period for Tort claims is 6 years from the date on which the 
cause of action is completed. However, in the case of damages for negligence, 
nuisance, and breach of statutory duty the limitation period is 3 years. The time 
period is calculated from the time the cause of action is completed. 
3. As the law has not yet been implemented, no time limit can expire under the above 
provisions before 31 December 2013. However, after that date, any claim which has 
not been commenced and in respect of which the limitation period has passed, will 
be statute barred. 


As actions against the bank are likely to be based on misrepresentation/miss-selling, these 
are claims for negligence and the time limit is therefore 3 years from the signing of the loan 
documentation. Claims against developers are often for negligent building at the time of 
construction therefore this is also a claim based in negligence with a time limit of 3 years, 
with a time limit of 6 years in addition to a claim for breach of contract. 

In accordance with the Cyprus Limitation law, the limitation periods apply not only to law 
suits but also to counterclaims. The effect of this is that the bank has 12 years to proceed in 
respect of a mortgage/loan default, however a counterclaim to such an action will potentially 
be statute owing to the much shorter time period applicable.


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