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Check the purity of the legal estate in Cyprus

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The notion of legal purity estate appeared recently, but is often used, especially in an environment of professional realtors. Very often, turning to real estate agency with a request for verification of legal purity (and even requiring its proof from the seller), people do not understand the meaning of the term.

Theoretically, the legal purity of the object means that no one except you will not have to purchased your property or any legal rights. Establish a fact of legal purity can be achieved through a comprehensive and thorough review of all documents related to this property.

What should I test

Particular attention should be paid to the following paragraphs.

1. All transactions carried out earlier, buy real estate.
If housing - no new building, and for him to conduct transactions, all the nuances of these transactions need to check carefully.

2. Sellers of real estate.
Need to find and verify information about the owners of the apartment. Otherwise, after the deal may turn out, for example, that the vendor when signing a contract of sale was insane, because of mental health problems (confirmation of that - help). The deal, in this case, to be invalid. At the same time, keep in mind that human capacity can only deprive the court!

Be sure to check whether the seller is not at the time of the transaction legally married, because acquired the property in the state of marriage, is common for spouses, and purchasing an apartment without consent of the spouses, you risk being dragged into litigation with the "second half".

If the interests of the seller is an authorized person, double check the authenticity of the proxy may be revoked, it has (or has died has issued its people). Pay attention to the contents of the powers transferred to a trusted person (maybe the owner gave rights only to sign the sales contract and the money for real estate wants to get itself).

3. Documents of the property.
Should pay particular attention to the documents proving ownership. Here, apart from the usual options: purchase, exchange, donation - may be more complex - rent, inheritance (by will or the law), judicial decision. Relevant documents must be properly designed and registered by the state body for registration of real estate. In documents should not be erasures and correcting stamped, and signed by a notary or signature sides.

In some cases, documents contain-base conditions, binding on the parties, and the failure of which may lead to the termination of the transaction. On this we should not forget to require, if necessary, confirmation of the parties fulfilling the above conditions. The information contained in various documents, the grounds should not contradict each other.

Circumstances affecting the preparation and conduct transactions

1. The absence of encumbrances or restrictions.
Real estate is encumbered (eg, bond or arrest). In this case, the transaction may be canceled if registration of property rights.

2. Discrepancies with respect to flat area referred to in various documents.

What is particularly difficult to verify

In addition to the above points, to check that for the layman is difficult, but nonetheless real, there are moments, to check that it is very difficult and often impossible (for the most part, pretty exotic case). Consider some of them.

1. Validity of office of a notary at the time of registration documents. A notary may be denied the right to perform certain actions. Accordingly, the power of attorney issued by such notary public to be invalid.

2. Seller, at the time of purchase soy apartments married. If the apartment had once been purchased in a state of marriage, and sold it after the divorce, the seller can hide this fact. A former spouse who, finding himself deceived, can start a trial. The risk of this outcome for some time is saved.

3. Not be practical verification existence of illegitimate children, which, in principle, can lay claim to a share in inheritance. When buying an apartment is always a risk that there is a successor, which a court would require its share of the inheritance, and sued her.