Property Check (Search) in Northern Cyprus: Encumbrances

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

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

Checking property for encumbrances (commonly called Search) is a fundamental step of Due Diligence when purchasing 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 hidden mortgages or court injunctions make it impossible to transfer the title to a new owner.

Purpose and Goals of the Search Procedure

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

• Bank mortgages (Mortgage);
• Court restrictions on disposal (Injunctions);
• Debts to the developer or the government;
• Issues with construction permits.

Who is Authorized to Conduct the Check?

According to Northern Cyprus law, full access to government registries for auditing is limited to specific categories of persons.

The Search procedure can only be performed properly and legally by licensed lawyers. Realtors or buyers themselves do not have sufficient authority to obtain complete extracts from the Land Registry's restricted databases.

A lawyer not only obtains 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 an analysis of data from four key authorities:

1. Land Committee (Tapu). An official extract is requested, which discloses:
   • Current legal owners;
   • Existing mortgages and liens;
   • Registered lawsuits and memorandums;
   • Any other encumbrances preventing sale.
2. Tax Office. Verification of property tax debts that the seller is required to settle before the transaction.
3. Municipality (Belediye).
   • Confirmation of property registration in the municipal database;
   • Checking debts for municipal fees (water, cleaning, property tax).
4. Construction and Architectural Control.
   • Analysis of construction permits (Inşaat Ruhsatı);
   • For completed properties: verification of the final approval act (Final Approval), which is necessary for obtaining a separate title.

Elvina Sabirova

Licensed Lawyer

Phone

+905391190555

Email

[email protected]

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