Chairman

THE CYPRUS GAZETTE (EXTRAORDINARY), 28TH FEBRUARY, 1939. 191
Objects and Reasons
For
(1) THE IMMOVABLE PROPEBTY BILL;
(2) THE IMMOVABLE PROPERTY REGISTRATION AND VALUATION
(AMENDMENT) BILL ; AND
(3) THE WILLS AND SUCCESSION BILL.
The above-mentioned Bills owe their origin to the work of a
Committee consisting of Mr. Justice Fuad, as Chairman, and the
Solicitor-General and Mr. A. Papapetrou, Assistant Director of Land
Registration and Surveys (since retired), as members, which was
appointed by the Govemor to consider the provisions of the existing
Land Laws of the (CJolony and to make recommendations for their revision.
2. The Committee held 147 sittings and, as a result of its dehberations,
submitted its report to the Govemor in the form of a draft Bill comprising
433 clauses and ten Schedules.
3. The draft Bill submitted by the Committee comprised a number of
subjects directly or indirectly connected with immovable property,
and in view of the multitude of these subjects it was considered more
appropriate and convenient to reduce the original Bill to a series of Bills
dealing with each specific subject. These three Bills which are
interrelated and which will ultimately be enacted simultaneously therefore
form part of a series of Bills arising out of the original Bill submitted by
the Committee.
4. The brief summary comprised in the following paragraphs may
assist in some measure towards an appreciation of the general scheme
which the Bills are designed to give effect to and of the principal
modifications of the existing laws which they seek to introduce.
A. THE IMMOVABLE PROPERTY BILL.
5. Under the existing law immovable property is divided into the
following categories :—
(a) Mulk ;
(6) Arazi Memluke;
(c) Arazi Mirie;
{d) Arazi Mevkouf6—
(i) Idjare-i-Vahid6,
(ii) Idjaretein with extension of inheritance,
(iii) Idjaretein without extension of inheritance,
(iv) Takhsisat;
(c) Arazi Mevat; and
(/) Arazi Metrouke.
There are at present separate and distinct enactments apphcable to
possession of, dealings with and mode of succession to, each of the above
categories of immovable property. Moreover buildings and trees erected
or planted on Arazi Mirie and Arazi Mevkoufe Takhsisat are treated as
Mulk property and as such form the subject of separate and independent
ownership. As a result of this in thousands of cases the land belongs
to one owner while the trees standing thereon belong to several other
owners.
Tfeiif"SS0i©alou8 state of the law led to compUcations, confusion and
expensive Utigation. ~In~ order to lemcuj this up.desirable state of affairs
and to simpUfy and reduce the clerical work in the Land Registry
Department the categories of land are aboUshed and in futiu-e all land
(except pure Vakf) wiU be held and enjoyed in absolute ownerships in
the case of privately owned Arazi Memluk6, Arazi Mirie and Arazi
Mevkoufe, by the owner thereof and in the case of Arazi Mevat and Arazi
Metrouke and of aU land not privately owned known as Arazi Memluke,
Arazi Mirie and Arazi Mevkoufe, by the Crown.
6. Absolute ownership of land extends to the surface and to the space
above the surface reasonably necessary for the enjoyment thereof and
to the substance of the earth beneath the surface but does not extend to
minerals except minerals in or under land which was formerly of the
Arazi Memluk6 category.
7. The acquirement of title to immovable property by adverse
possession is put an end to as against the Oown or a registered owner.
Subject to this, a person who has been in undisputed adverse possession
of immovable property without interruption for the fuU period of thirty
years is deemed to be the owner of such property and is entitled to have
the same registered in his name unless such property was held and enjoyed
by viitue of some consent or agreement in writing made or given in that
behalf. The period of thirty years necessary to estabUsh adverse
possession is deemed to be the period next before the commencement
of an action involving a claim to adverse possession.
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