Purchasers of immovable property can seek a Court Order with which the vendor will be ordered by the court to take all due and necessary actions for the obtainment of the requested permits and approvals to include the application for the issue of separate title deeds within a specified time limit.
The remedy is based on Law 96 (I)/97 which gives the court authority to issue an order against the vendor; it can also place him under court observation to ensure that within a reasonable time period, which would appear to be within six months, separate title deeds are issued.
Any purchaser who has deposited his contract of sale with the Land Registry and has been waiting for the vendor to issue the separate title deeds will be able to make use of this remedy. The court can order the issuing of the title deed before a claim for specific performance.
In the event that the vendor does not transfer the property into the purchaser’s name after the issuance of separate title deeds the purchaser can request the court to order the specific performance of the contract of sale. The specific performance order cannot be issued unless a separate title deed has been issued and provided the vendor continued to deny or neglect to transfer the property into the purchaser’s name.
Non compliance by the vendor with the court order results in court order disobedience and gives way to liability, the court has the authority to punish the vendor with imprisonment.
It is therefore possible to obtain your title deeds using the correct legal procedures.
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Posted by: paul | June 19, 2009 at 10:42 AM