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Morphou buying blow

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Northern Cyprus

Morphou buying blow

Caution regarding property purchases in the occupied area of Cyprus Illegal Exploitation of Greek Cypriot properties by Turkey in occupied areas is a criminal offence Foreign citizens are warned against the purchase of Greek Cypriot owned property, in the part of the Republic of Cyprus which has been under Turkish military occupation since As a result of the Turkish invasion and subsequent occupation of The displaced persons are to this day prevented by the Turkish armed forces from returning to their homes and peacefully enjoying their properties. However, under Human Rights Conventions, as well as international and national law, they retain their title to their property. Titina Loizidou, against Turkey, and in the Fourth Interstate Application of Cyprus against Turkey of 10 May , upheld the rights of the refugees to their properties. In the Loizidou case, the Court ordered the Government of Turkey to compensate the applicant for the time period of deprivation of use of her property and to provide full access and allow peaceful enjoyment of her property in Kyrenia. The right of the displaced owners to their properties was reconfirmed in the most recent decision of the European Court of Human Rights Dec. Greek Cypriot owners may also bring civil action against usurpers of their property before the competent civil Courts of the Republic of Cyprus. In its judgment of 15 November in the case of Meletios Apostolides v David and Linda Orams, the Nicosia District Court found the Defendants liable for trespass in the property of the Plaintiff, ordering them to demolish the villa and other buildings erected on the property, surrender vacant possession to the Plaintiff and pay damages. Although on technical points the British Court avoided getting involved in enforcing the Cyprus judgment and allowed Orams's appeal, it needs to be stressed that on the substance of the case the British Court pointed out that, according to the relevant judgments of the European Court of Human Rights, the property rights of Mr. Apostolides in relation to the property in question remain in force and Mr. Apostolides remains the lawful owner of his property in Lapithos. Therefore, it accepts the finding of the Cyprus Court that the Orams are trespassers on the property of Mr. Apostolides and should be treated as trespassers. Leave to appeal against this judgment of the High Court has already been granted to Mr. Apostolides, which means that judicial proceedings in the case are still continuing, ultimately leading to the European Court of Justice in Luxembourg, which has the final say in matters of interpretation of EU law. Under the laws of the Republic of Cyprus, the exploitation of property registered in the name of another, constitutes a criminal offence, for which a European arrest warrant, executable in any of the 25 EU countries, and an International arrest warrant could be issued. The illegality of the secessionist entity It is reminded that the regime in the occupied area is an illegal secessionist entity United Nations Security Council Resolutions , called upon all states to respect the sovereignty, independence and territorial integrity of the Republic of Cyprus and not to recognize any state in Cyprus other than the Republic of Cyprus. The Court reiterates the conclusion reached in its Loizidou judgment merits that the Republic of Cyprus has remained the sole legitimate government of Cyprus…' As such, the illegal secessionist entity in the occupied area of Cyprus does not have jurisdiction to perform valid transfers of property ownership. Caution for foreign citizens Thus, foreign citizens interested in purchasing property in the area under Turkish military occupation are strongly advised to thoroughly examine the legal ownership status of the property concerned, through the Lands and Surveys Department of the Ministry of Interior of the Republic of Cyprus, in order to ascertain, at first, that no violation of the property rights of the legal owners will be effected through the transaction, and, second, to safeguard that the purported seller is the true owner of the property and can transfer a valid title. Foreign visitors are further advised that, material advertising property offered for sale in the areas which are not under the effective control of the Government, found in the possession of persons coming from the areas situated north of the buffer zone to the areas under the effective control of the Government, can and may be confiscated. The material in question could be used as evidence in a future case against usurpers of property in the areas situated north of the buffer zone. It is also considered material that could be used in the commission of crimes, such as under Article of the Penal Code — use of land registered in the name of another without the consent of the registered owner - and Article 14 of the Law on the Registration of Estate Agents — whereby, no person can exercise the profession of a real estate agent or project himself as such, unless he is duly registered and in possession of an annual license issued by the Registration Council of Real Estate Agents. On the basis of the above, such advertising material can be confiscated, since there is reasonable suspicion that it is at the core of the illegal sale of property in the areas situated to the north of the buffer zone. After its confiscation, the said material would be transmitted to the police for evaluation and appropriate use. It is imperative that complete testimonies be taken from the persons carrying this material, since they could be potential witnesses in judicial proceedings. If there is reasonable suspicion that the person in possession of the material is actively participating in circles promoting illegal property transactions or exploitation of hotels belonging to displaced owners, an arrest warrant will be issued against him. Analysis The northern part of the Republic of Cyprus, under Turkish military occupation since the Turkish invasion of , has been experiencing an unprecedented construction and 'property sale' boom. The distribution of properties was also used by the Turkish Cypriot leadership to 'buy off' political influence both within and without their community. In , the Turkish occupation regime allowed the current possessors of occupied properties to 'transfer' such properties to third parties at large, hence facilitating the rise of an unprecedented 'property market'. The construction and 'sales' boom exploded after the submission, in , of a controversial United Nations plan to solve the Cyprus Problem. The proposed plan only minimally facilitated the legal right of displaced persons to get property restitution. A large proportion of the properties from which Greek Cypriot owners were expelled, were unlawfully distributed to and are currently being used by the approximately , Turkish settlers illegally brought into the occupied area by Turkey, in order to change the demographic structure of Cyprus. Such provisions were indeed an incentive and facilitated the haste to build on usurped properties and to 'sell' them mainly to British and other European citizens seeking a home in the sunny Mediterranean. Despite the policies of the Turkish occupation forces to alienate the properties of the displaced Greek Cypriots, who are to this day prevented from returning to their ancestral homes and peacefully enjoy their properties, the original owners have not lost title to their properties. That position still obtained in Of the 3. Anyone who has 'bought' or is seeking to 'buy' Greek Cypriot owned property in the occupied part of the Republic does so illegally. As first discovered by a British couple in October , anyone contributing to the ongoing plunder of such properties becomes a potential target for criminal and civil law suits in the courts of the Republic of Cyprus. The resulting arrest warrants and decisions could then be judicially enforced abroad. Abdullatif Sener, stated, inter alia , that: in foreigners 'purchased' 63, square meters 's. Sener noted that 1. In alone, 2, donums of land had been sold — a number greater than in the previous 30 years! This is primarily reflected in the increase of imports of construction material. At the same time, while the average daily production at the stone quarries was five thous and tonnes, in this production increased to twelve tonnes daily. The Turkish Cypriot politician, Mr. Speaking to the paper about the issue, Mr Osman Yilmaz, the President of the Chamber of Civil Engineers, stated that if someone looks at the figures of the last years and the progress that took place in the construction sector, one can see that they should have reached this stage of development in the year As he said, the main problems faced in this sector are the inspections and the buildings which take place without any control. Ankara Anatolia news agency Involvement of the occupation regime and the occupying power The occupation regime promotes the exploitation of Greek Cypriot properties, aiming at their alienation from their original owners and the further complication of the resolution of the Cyprus problem. This is done via: The encouragement of foreign citizens to invest in property in the occupied area. The Turkish Government and the illegal regime have established a fund to subsidize the construction of pensions in the Karpas peninsula. In 28 years only 8, bed facilities were built in the occupied area, whereas with the project at Vokolida village, 7, bed-facilities will be built in two years. Legal and practical implications flowing from the unlawful exploitation of properties in the occupied territories 1. All who contribute to the unlawful exploitation by supplying goods, services and capital to the actual trespassers are aggravating the on-going violation of the locally Cf. Articles 16 right to home and 23 right to property of the Constitution of the Republic of Cyprus and internationally Cf. Turkey , , , Cyprus v. Turkey , Demades v. Turkey and Eugenia Michaelidou Developments Ltd. In its recent Admissibility Decision in Xenides-Arestis v. The Defendants were also ordered to no longer interfere with Mr. As decided by the European Court of Human Rights in its judgments in the Loizidou v Turkey case 18 December and the Fourth Interstate Application of Cyprus v Turkey 10 May , Turkey is responsible for the situation in the occupied area, by virtue of its exercise of effective control over that territory via the presence of a large number of its troops 3. Perpetuation of the illegal faits accomplis engendered by the Turkish occupation and prejudicing—on a daily basis—of a just and international law-conforming solution of the Cyprus problem, which should respect the twin freedoms of establishment and property ownership across the island. Creation of conditions which encourage the transfer of labourers from Turkey who end up settling down and colonizing the occupied territories, thus expanding the unlawful Turkish settlement already in full swing there. It is estimated that approximately 40, Turks have made their way to the Turkish-occupied north in alone, so as to engage in construction-related employment. Destruction of the natural environment and of archaeological sites to make room for unbridled development, which, as pointed out by the Turkish Cypriot Chamber of Commerce, is clogging up the infrastructure water, electricity, roads etc. Construction upon graves reportedly containing the remains of Greek Cypriot missing persons murdered during the Turkish invasion of , thus desecrating their memory and complicating efforts to identify and return their remains to their loved ones for proper burial. The Universal Declaration of Human Rights codifies the right to freedom of movement and residence, as well as the right to own property. Article 17 2 provides that no one shall be arbitrarily deprived of his property. The Security Council and General Assembly of the United Nations have repeatedly stressed, in several of their resolutions on Cyprus, the violation of human rights by the Turkish occupation forces. The UN Sub- Commission on the Promotion and Protection of Human Rights unanimously approved the 'Principles on Housing and Property Restitution for Refugees and Displaced Persons' and declared that these principles 'emphasized the importance of restitution as a form of restorative justice… They reflect the view that a human rights approach to return and restitution will yield equitable and sustainable results in achieving the restoration of housing and property rights for refugees and displaced persons and in creating long-term stability. The principles provide that the right of the displaced to the restitution of their property is not substituted by the payment of compensation and is not subject to any third party interest acquired in the property. The principles reiterate General Assembly Resolution on Cyprus to support the establishment of a right to the restitution of ones particular home. The right to respect to private life and home is codified in Article 8. Titina Loizidou against Turkey, concluded that Turkey violated the ownership rights of Mrs. Loizidou by preventing her from peacefully enjoying her property in Kyrenia. Purchasers of land will have to face legal action European citizens who are thinking of buying or exploiting properties belonging to Greek Cypriots in the area of the Republic of Cyprus not under the effective control of the government may become the subjects of criminal and or civil action. More specifically, in the event that a Cypriot citizen appeals to a Court of the Republic of Cyprus accusing a European citizen who lives in the Turkish-occupied areas of illegally possessing or exploiting his property, the Court may approve the issue of a warrant for his arrest, so that he can be charged. In the impossibility of an arrest because the European defendant lives in the occupied areas or has already left for another European country, the Court will have the power to issue a European arrest warrant. Consequently, the defendant will be liable to an arrest in whichever one of the 25 countries he may find himself. An international arrest warrant may also be issued. The Courts of the Republic of Cyprus have this power following the passing of a law on Greek Cypriot owners may also take legal action against usurpers of their property. One such case is the case of Meletios Apostolides v. David Charles Orams and Linda Elizabeth Orams , where a Cypriot court ordered the British Defendants to demolish a villa and other buildings they had constructed on Mr. The Defendants objected to the registration. The case hearing was held on July and the decision of the British High Court is currently pending. There is a risk that purchasers may face legal proceedings in the courts of the Republic of Cyprus, as well as attempts to enforce judgments of courts of the Republic of Cyprus through courts elsewhere in the EU. Before signing any kind of contract, you should seek independent legal advice. Additional information can be obtained in the travel guidelines of the British and German Foreign Ministries. Indeed, as a consequence of the international non-recognition of the 'Turkish Republic of Northern Cyprus' TRNC and pending a settlement of the Cyprus issue, any real estate transaction in the north of the island involves important financial, and even legal, risks: since the entry of Cyprus into the European Union on 1 May , the purchasers, or even the occupants of a disputed property issue of the 'properties despoiled' in expose themselves to proceedings not only within the Republic of Cyprus, but also in any EU Member State. A thorough examination of any offer and independent legal advice are therefore urgently recommended. This also applies to any offers of financing, because most of them lack the required reliability. Extracts from the land register presented during the negotiations for purchase may not necessarily show the real legal situation. The acquisition of property is therefore subject to a future solution of the Cyprus problem, even in case Greek Cypriot owners or their legal successors were involved in the purchase negotiations and in the transfer of property rights. Therefore, legal guarantee is not provided. Purchasers and owners of property that belonged to Greek Cypriots before take quite a risk of being sued before a court of the Republic of Cyprus. Since the accession of Cyprus to the EU, judgments issued by Cypriot courts are enforceable in any other EU-member state. However, Irish citizens considering the purchase of property in the northern part of Cyprus, which is not under the effective control of the Government of the Republic of Cyprus, are strongly advised to seek qualified independent legal advice due to potential claims related to title and ownership from Cypriots displaced from that area in , which may lead to serious financial and legal repercussions. Potential buyers may face legal proceedings in the courts of the Republic of Cyprus, decisions of which can be executed elsewhere in the EU, including Ireland. The ownership problem must be solved under the larger framework of negotiations on the Cyprus question under the auspices of the United Nations. Since the de facto division of the island, negotiations are led, when they take place, within the framework of the UN. The EU and the Netherlands will, if possible, support the UN and they will exercise pressure on both parties to cooperate for a solution. As long as there is no solution to the Cyprus problem, there is a possibility of legal proceedings in the Republic of Cyprus, against buyers of property in the north. Under certain circumstances, judicial procedures can also take place in the country of origin of the buyer. It is the responsibility of the potential buyer himself to be carefully informed about eventual risks of the real estate market in Cyprus. There is a risk that purchasers in this area would face legal proceedings from the courts of the Republic of Cyprus or elsewhere in the EU. OpenDocument 1. It is necessary to take into consideration that according to the bilateral agreement about legal assistance on civil and criminal cases the decisions of Cyprus courts are accepted and executed in the territory of the Russian Federation. In case Russian businessmen are involved in a conflict in the north of Cyprus, the ability of the Russian authorities to offer any legal or other assistance to them is quite limited for obvious reasons. Moreover their activities in contravention of the legal authorities of the Republic of Cyprus prejudice in general the legality of their business. It creates a legal precedent stipulating for the export-import transactions with Turkish-Cypriot partners through official Cyprus authorities with the use of legal air and sea ports. They continue to assert their property titles, in a legal and judicial manner: in several recent cases the Courts of the Republic of Cyprus have issued judgments against foreigners, ordering the destruction of the houses that have been acquired in a legally fraudulent manner. It is therefore advised to always consult with a lawyer in Spain before initiating any kind of legal transaction relevant to leasing, buying-selling or to any other dealings in that part of Cyprus. The Swedish Ministry of Foreign Affairs does not issue travel advices. If you are planning on buying property in Cyprus, you should consult legal experts! In Cyprus was invaded by Turkey and ever since the country has been divided. This is a political situation that may have profound practical and financial implications for those who buy property in northern Cyprus. The buyer may also risk a lawsuit in the courts of the Republic of Cyprus. Apart from the above complications there are also special rules applying to foreign citizens who buy property in the northern part of Cyprus that a buyer should be aware of before entering an agreement. Anyone in possession of these documents may be asked to make a statement to the Cypriot authorities. Purchasing Property Before purchasing property anywhere in Cyprus you are strongly advised to seek qualified legal advice from a source that is independent from the seller. Property issues are closely linked to the political situation. There are a number of potential practical, financial and legal implications, particularly for those considering buying property in the north. These relate to the non-recognition of the 'Turkish Republic of Northern Cyprus', the suspension of EU law in northern Cyprus, the possible consequences for property of a future settlement, and the many thousands of claims to ownership from people displaced in There is also a risk that purchasers would face legal proceedings in the courts of the Republic of Cyprus, as well as attempts to enforce judgments from the courts of the Republic of Cyprus elsewhere in the EU, including the UK. Furthermore, the National Association of Estate Agents NAEA warned Britons considering buying a property in the occupied areas of the island to exercise caution and conduct thorough research into the ownership of the land it is built on. In a press release posted on NAEA's website on 21 November , interested buyers are being warned that they could be violating the Greek owners' legal rights which might lead to serious legal and financial consequences. Special reference is made to the several cases on this issue that have already been filed before the courts, both in the Republic of Cyprus and in the European Court of Human Rights, and to the Orams case in particular. Citizens who buy or lease property, particularly in the area administered by Turkish Cypriots, may find their ownership challenged by people displaced in Prospective property buyers should seek legal advice before buying. The Republic of Cyprus regards these transactions as illegal. Its customs authorities may confiscate documents relating to the purchase or leasing of such property upon arrival in Cyprus or when crossing the Green Line. August, Advanced Search. Illegal Exploitation of Greek Cypriot properties by Turkey in occupied areas is a criminal offence. Area in square meters. Best viewed with MS Internet Explorer 5.

Morphou buying blow