Property Check (Search) in Northern Cyprus: Encumbrances

How to Check Property for Encumbrances (Search) in Northern Cyprus?

• Purpose and Objectives of the Search Procedure
• Who is Authorized to Conduct the Check?
• What is Included in the Report (Checklist)

Checking a property for encumbrances (commonly called a Search) is a fundamental stage of Due Diligence when buying a home or land in Northern Cyprus. The procedure aims to identify legal risks that could lead to loss of ownership or financial losses. Without a thorough audit, the transaction is considered high-risk, as the presence of hidden mortgages or court restrictions makes it impossible to transfer the title to the new owner.

Purpose and Objectives of the Search Procedure

The main goal of the check is to confirm the legal clarity of the property. Buying real estate without this procedure may result in acquiring an asset with:

• Bank mortgages;
• Court injunctions preventing transfer;
• Debts to the developer or the state;
• Problems with building permits or documentation.

Who is Authorized to Conduct the Check?

According to Northern Cyprus legislation, full access to government registries for audits is limited to certain categories of individuals.

The Search procedure can be conducted properly and legally only by licensed lawyers with the consent of the property owner or the landowner. Realtors or buyers themselves do not have sufficient authority to obtain full extracts from the closed Land Registry databases.

The lawyer not only obtains the certificates but also analyzes the history of ownership transfers to eliminate risks related to previous owners.

What is Included in the Report (Checklist)

A comprehensive Search report includes data analysis from four key authorities:

• Land Committee (Tapu). An official extract is requested, revealing:
  • Current legal owners;
  • Presence of mortgage obligations and liens;
  • Registered lawsuits and memoranda;
  • Any other encumbrances preventing the sale.
• Construction and Architectural Control.
  • Analysis of building permits (Inşaat Ruhsatı);
  • For completed properties: verification of the final approval document (Final Approval), which is necessary to issue a separate title.

Additionally, upon client request, we can check:

• Tax Authority. Checking for outstanding property taxes that the seller must settle before the transaction.
• Municipality (Belediye).
  • Confirmation of the property registration in the city database;
  • Verification of municipal fees (water, cleaning, property tax).

Murad Gasym-zade

co-owner

REAL ESTATE Specialist in Northern Cyprus

Phone

+905391190555

Email

[email protected]

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