
The term trust refers to a legal arrangement where one person (the settlor) transfers assets to another (the trustee), who agrees to hold and/or manage them for the benefit of a third person (the beneficiary). These three parties form the core of a trust: settlor, trustee, and beneficiary.
According to Article 65IE of Cap. 224, a trust involving immovable property is not considered valid unless it is created in writing (via a trust deed) signed by the person legally entitled to do so, or by will. The same article further provides that the trust deed or will must be registered with the competent Land Registry Office.
From a literal reading of this provision, it appears that equitable trusts (created under the principles of equity) are excluded. However, the Supreme Court of Cyprus has repeatedly acknowledged the possibility of resulting or constructive trusts involving immovable property.
This principle was first recognized by Chief Justice Pikis in Odysseos v. Pieris Estates and Others (1982) 1 C.L.R. 557 and has since been followed by several decisions adopting the same legal approach.
Registration and Ownership
As stated, the trust deed must be registered with the competent District Land Registry, and the transfer of the relevant property from the settlor to the trustee may take place either simultaneously or subsequently.
This raises the question: Should the title deed state that the registered owner holds the property in the capacity of trustee?
This issue was clarified in Dalfilia Limited & Others v. Director of the Department of Lands and Surveys, Appeal No. 235/2017, dated 18/12/2017.
In that case, the appellants established a trust and registered it with the Land Registry. On the same day, they submitted transfer declarations for seven properties. The newly issued title deeds named the trustee company as owner but with the additional label indicating that it held the property as trustee. The appellants then filed an application-appeal.
The Director of the Land Registry argued that omitting this designation (trustee) could lead to confusion about the ownership status of the property, especially since the electronic Land Registry system does not register any annotation regarding the trust.
The appellants, in turn, cited Articles 2 and 16 of Law 9/1965 concerning the definition of “beneficiary” and Article 2 of the Interpretation Law regarding the legal meaning of “person.”
The Court ultimately ruled that registration in the name of a person should not include any description or reference to specific legal capacities (such as “trustee”).
Furthermore, with regard to the concern expressed by the Director, the Court emphasized that there is no legal obligation for the Director to protect the interests of the parties involved in a trust. The settlor places trust in the trustee, and the trustee assumes the responsibilities set by law for all trustees.
Final Decision
The Court issued an order annulling the decision of the Director of the Land Registry to include the word “trustee” on the titles of the properties mentioned in the application.
It also ordered the Director to register the immovable properties solely in the name of the trustee company and issue updated title deeds reflecting ownership without reference to any specific legal capacity.
This article is for informational purposes only and should not be considered legal advice.
Panayiotis G. Kyprianou
Lawyer – Legal Advisor
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