CYPRadar 🇨🇾🏠 Cyprus Supreme Court Upholds Trespass Claim but Denies Demolition, Orders Compensation with Land Registration
The Cyprus Supreme Court has confirmed a trespass to land claim involving a residential development constructed on a 1,010 square metre portion of land owned by the respondent. While the court upheld the finding of trespass, it declined to issue a demolition order due to the property having been sold to third-party purchasers who were not part of the legal proceedings. The court emphasized the importance of hearing all interested parties before affecting their rights through demolition.
Instead of demolition, the court ordered compensation equivalent to the market value of the trespassed land, recognizing the permanent deprivation of ownership. Furthermore, the court mandated that the compensation payment be accompanied by a formal transfer of the proprietary rights through Land Registry documentation. This measure was taken to avoid unjust enrichment and to ensure a complete resolution of ownership and proprietary interests.
The ruling highlights Cyprus’s legal balance between protecting property rights and safeguarding third-party interests. It also underscores the necessity for financial remedies to include the proper legal registration of land ownership, securing legal certainty and fairness in property disputes.
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