The Cyprus Appeal Court has unanimously dismissed an appeal lodged by a property development company against a decision by the Director of the Paphos District Lands and Surveys Department, ruling that disputed claims for communal expenses cannot prevent the transfer of a property Title Deed to a buyer who has fulfilled their contractual obligations.
The decision is expected to provide greater certainty for property buyers and investors across Cyprus, particularly those seeking Title Deed transfers following the completion of property purchases.
Paphos apartment dispute reaches appeal court
The case centred on an apartment within a residential development in Paphos that was purchased by a private buyer in 1984.
Following the issuance of a separate Title Deed and the full payment of the agreed purchase price, the buyer applied to have the property transferred into her name under the provisions of Cyprus’ Transfer and Mortgage of Immovable Property Law.
The developer objected to the transfer, claiming that the buyer owed more than €87,000 in communal expenses, taxes, fees and other charges which, according to the company, had been paid on her behalf.
Appeal court finds no legal basis to delay Title Deed transfer
However, the Appeal Court found that neither the sale agreement nor the relevant legislation made payment of those disputed sums a condition for the transfer of ownership.
In its judgment, the court stated that any claims a seller may have against a buyer must be pursued through separate civil proceedings and cannot be used as a mechanism to prevent the transfer of a Title Deed.
The ruling reinforces the principle that buyers who have met their contractual obligations should not face delays in securing legal ownership of their property because of unrelated or contested financial claims.
Earlier court ruling also rejected developer’s claims
The Appeal Court also referred to a separate lawsuit filed by the developer against the buyer regarding the disputed debts.
The Paphos District Court, in a judgment dated 4 April 2025, rejected the developer’s claims. The court found, among other things, that there was no contractual provision linking the payment of communal charges or other fees to the transfer of the property.
By its latest decision, the Appeal Court upheld both the ruling of the Director of the Lands and Surveys Department and the earlier judgment of the District Court. The appeal was dismissed, with legal costs awarded in favour of the respondents.
The judgment is likely to be viewed as an important clarification of property transfer rights in Cyprus, strengthening protections for purchasers and reinforcing the separation between Title Deed transfers and unresolved financial disputes.
