Encumbrances & Memos in the Filing of Sale Agreements
As of 18 May 2026, a significant amendment to the procedure for depositing Sale Agreements with the Land Registry in Cyprus comes into effect, directly impacting buyers, sellers, lawyers, and real estate professionals.
What is changing?
Until now, following the deposit of a Sale Agreement, the Land Registry would notify the purchaser of any:
- mortgages,
- encumbrances,
- court memos,
- prohibitions,
- or other charges affecting the property.
From 18/05/2026, this practice is abolished.
The Land Registry will no longer notify purchasers of any existing encumbrances or memos after the filing of the Sale Agreement.
New Obligation Before Signing
Responsibility for the relevant checks is now transferred to the contracting parties, particularly:
✔ Seller’s Obligation
The seller will be required to provide:
- a recent Search Certificate,
- issued no more than 5 working days prior to signing,
- showing all encumbrances, mortgages, and memos registered against the property.
✔ Buyer & Legal Representative
The necessary legal and Land Registry due diligence must now be carried out:
- before signing the agreement,
- through an official search pursuant to Article 51A.
Administrative Penalties
If a Sale Agreement is filed without the required Search Certificate:
- administrative fines may be imposed,
- depending on the value of the transaction.
Why is this change important?
The new procedure:
✔ strengthens transparency in property transactions
✔ makes pre-contract due diligence essential
✔ increases responsibility for all parties involved
✔ reduces the risk of future legal complications
Need guidance regarding property due diligence, dont hesitate to contact us!!