North Cyprus Property - Some Important Information
Recent media coverage
of the legal implications associated with North Cyprus
property sales have severely affected the real estate
market in the illegally occupied north.
As a growing
number of potential buyers have become aware of the hazards
North Cyprus properties bring with them, sales in the
north have come to a virtual standstill.
North
Cyprus Property - The Risks
Although sales of North Cyprus property have slowly
picked up again in the face of the Oram's apparent
victory in the British courts, the risks associated
with buying real estate in the illegally occupied
north have not diminished in the least.
If anything, the court's ruling, which merely stated
that the Oram's UK property cannot (currently) be
encumbered as compensation for the Greek Cypriot owner's
loss, has been deliberately twisted by North Cyprus
property developers claiming that all property owners
in the illegally occupied territory are now in the
clear.
The European Court of Human Rights ruling which affirmed
the rights of Greek Cypriots to their property in
the north still stands as before and, once the Cyprus
issue is resolved, these individuals are well within
their rights to reclaim the properties which are rightfully
theirs.
It is 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.
Therefore, Britons and other nationalities who purchased
North Cyprus property stand to lose big
time in the event of a settlement, and could also
be liable to compensate the rightful owners of the
property.
|
The
British High Commission
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 north 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
North Cyprus Property) 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.”
|
The European Court of Human Rights ruling on North
Cyprus Property
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 18/12/1998) 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 North Cyprus Property,
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.
Buying a North Cyprus Property is a potential Minefield
|
Search
for Properties 
