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Aphrodite Property Sales

Sales of property in the occupied area of Cyprus have frozen due the latest ruling against Mr. and Mrs. Orams deciding that the villa in question should be knocked down and the land to be given to the rightful Greek Cypriot owner. Also scared are Brits who have already bought on land of Greek Cypriots; they may be also placed in the same position of the Orams.

After the new law that all properties sold in the occupied side of Cyprus should be leasehold and not freehold there has been a commotion from the British investors and sales have frozen.

It is also worth mentioning that similar to the above are another 6000 cases in which Brits have bought property which has been built on Greek Cypriot land.

The European Court of Human Rights ruling affirmed the rights of Greek Cypriots to their property in the north.

Therefore, Britons and other nationalities who purchased Cyprus property in the north stand to lose big time in the event of a settlement, and could also be liable to compensate the rightful owners of the property.

British High Commission spokesman Stewart Summers confirmed that a recent warning about buying property in the north added to the Foreign Office travel advisory of an increase in numbers of Britons making enquiries on house buying in the occupied areas.

The amendment to the High Commission website, instigated by Mr. Summers, was made last month, and the advice on buying property follows immediately after the British government’s recommendations on visiting northern Cyprus.

It reads: “The non-recognition of the ‘Turkish Republic of Northern Cyprus’ and the possibility of a future political settlement in Cyprus could have implications for those considering buying northern Cyprus properties. Before purchasing a northern Cyprus property you are advised to appraise yourself fully of the situation and seek legal advice.”

Summers said, “The government has decided to take a more pro-active, rather than reactive approach (to the subject of buying property in the north of Cyprus) in the light of it becoming a more regular occurrence, and the subsequent attention it has received in the media.”

Commenting on the change, he added, “legally we can’t tell people ‘don’t do it’, but we are trying to make them fully aware of the potential hazards.”

Entering into a ‘deal’ for the purchase of immovable property belonging to Greek Cypriots situated in the area of Cyprus under Turkish occupation, constitutes an illegal act which will expose the purchaser to grave legal and financial consequences.

The judgments of the European Court of Human Rights in the cases of Loizidou v Turkey (judgment dated 18/12/1996) and Cyprus v Turkey (judgment dated 10/05/2001) clearly set out the following:

1. The administrative practice applied by the subordinate local administration of Turkey in the occupied area of Cyprus of issuing ‘title deeds’ to the new occupants of property belonging to Greek Cypriots situated in the occupied area of Cyprus is based upon ‘legislative’ and ‘constitutional’ provisions of the said administration which cannot be attributed any legal validity whatsoever.
2. Greek Cypriot owners cannot be deemed to have lost their legal title to their properties and have always remained and will continue to remain the only true and lawful owners.

Further to the above, purchasers, particularly those domiciled in the UK, run the risk of being sued at any time by the Greek Cypriot owners, many of whom are also domiciled in the UK, before British Courts for trespass or conspiracy to commit trespass to such properties.
Similar actions based on tort could very well be brought before the courts of Cyprus.

Political views on the situation may be differing. The aforementioned information sets out the true legal aspect of the matter, as upheld by an independent and internationally recognised judicial body, namely the European Court of Human Rights in Strasbourg.

Anyone contemplating the purchase of property in that part of Cyprus, should be aware that the Greek Cypriot refugees who are the legal owners of those properties, remain the legal owners of those properties at all times and their rights to those properties stand unaffected. Any ‘title’ that might have been to the ‘purchaser’ or any ‘title’ that might be issued by the so called TRNC in the future to any prospective buyer, is of no legal validity and does not in any way prejudice the rights of the legal owners of property in the Turkish occupied area, who are determined to make use of every legal tool before national or international judicial bodies to enforce their rights against any person illegally interfering with their inalienable right to free and peaceful enjoyment of their properties.