Cyprus-Forum.com

[Agios Amvrosios]

Cyprus villa row hits Britons who 'could lose everything'

Thousands of UK citizens could see their dream holiday homes disappear in a landmark ruling

Helena Smith, northern Cyprus
Sunday February 20, 2005
The Observer

When Linda and David Orams built their ornate home among the Cypriot olive groves, they envisioned a long, sun-drenched retirement.
Now they have been ordered to demolish their villa in the island's breakaway north in a landmark case which could lead to thousands more UK citizens losing their holiday homes.

Greek Cypriot refugees are taking advantage of EU law to reclaim lost lands in the Turkish-run enclave from Britons who have bought properties at bargain prices.

Next week, the Orams, from East Sussex, will learn whether their appeal against the order - issued by a Greek Cypriot court in the divided capital Nicosia - is upheld.

The Orams were instructed last November to tear down their two-storey house and return the land to Meletis Apostolidis, an architect whose family still own the title deeds to the plot.

Apostolidis, who last saw the land in 1974, the year war partitioned Cyprus, has vowed to use its new status as an EU member if the tribunal upholds the judgment and the couple fail to comply. This could allow him to seize their home in Cyprus and their house in Hove.

'Should the court refuse to set the judgment aside, and the Orams fail to comply, then we will try, within the spirit of EU regulations, to have the judgment registered in the UK and have it enforced that way,' his lawyer, Constantis Condunas, said on Friday. 'It is impossible to enforce the judgment because of the presence of the Turkish army and 40,000 soldiers in the north.'

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Speaking to The Observer , Mrs Orams, 54, a former exhibitions assistant, insisted the couple had unwittingly become entangled in the island's politics. It was only when they started building that they discovered the plot had originally belonged to a Greek Cypriot, she said.

'This is a political situation and we've got caught in the middle. It's totally unfair,' she said. 'In our eyes we did everything above board when we bought the land and built the villa. Frankly, I think we're being deliberately targeted because we're British and have got property in England. If it wasn't us, it would be other Britons here.'

In recent years there has been a surge of real estate agents eager to sell traditional village homes and retirement bungalows to foreigners. Britons, sensing stunning financial gains, have been at the forefront of the scramble to snap them up.

For the thousands who have acquired villas across northern Cyprus, the Orams' plight offers a cautionary tale. Three years ago, following an Observer exposé, the Foreign Office took the unusual step of warning Britons about the potential perils of purchasing properties. The republic, which proclaimed independence in 1983, is not recognised beyond the borders of its patron, Turkey.

'A lot of these people are now very shaken up and don't like what they've heard at all,' said a spokesman at the British High Commission in Nicosia. 'For years we've been warning UK citizens to get very independent legal advice before they make such purchases. What's happened is not surprising.'

According to latest figures around 6,000 UK citizens, lured by the cheap prices, have invested in the territory. Enthusiasm is such that growing numbers are buying off-plan and over the internet.

But what the unsuspecting newcomers are never told is that the real estate is anything but sound. Invariably, the Britons are walking into a political landmine. Nearly 200,000 Greek Cypriots were forcibly displaced when the Turkish army invaded the island following an Athens-backed coup aimed at uniting it with Greece. Historically inhabited by Greeks, northern Cyprus was home to very few Turkish Cypriots at the time.

Last year, the European Court of Human Rights issued an unprecedented ruling establishing Greek Cypriots as the 'only true and lawful owners' of the land. 'The original owners never stopped having legal title to their land,' said Kypros Chrysostomides, a spokesman for the Cypriot government.

Under EU law, he insisted, those who went on to buy the property ran the risk of being hauled before British courts 'for trespass, or conspiracy to commit trespass.'

Mrs Orams denies that either she or her husband have been naive. While they understand where the Greek Cypriot refugees are 'coming from, after 30 years they should also move on'.

'We have fully accepted that if there is ever a peace settlement we might have to pay compensation to the original owners, and we have no problem with that,' she added.

'But I don't think its right that we should be targeted in this way. What we're doing is fighting not only for ourselves but for all the Brits who have property here. There are a lot of people who have put all their money into properties here and they're very frightened that now they could be taken away.'

[magikthrill]

wow how messed up would it be if the court doesnt uphold Apostolidis's decision. Of course he can take it to the ECHR. Either way thats what they got for buying stolen property.

[Agios Amvrosios]

This Lapithioti would have foresaken his right to sue the Orams had he voted for the (Dead and Buried)Annan scheme.

Lysh mono me epistrofh-solution only with the return of all the refugees.

[brother]

I wonder if the british courts would enforce the decision therby doing over their own citizens or do what they usually do and find a loophole not to get involved.

[-mikkie2-]

The british courts cannot throw out a case because they don't like it. If Britain is a state of law then the courts in the UK would be oblidged to hear the case, irrespective of political motivations.

If the courts in the UK refuse to hear the case then the case will go to the ECHR and the british judicial system, the Orams and Turkey would be in the firing line!

[brother]

I know all that mikkie but you know the british as well as i do and if it is going to hurt their own they WILL find a way to wriggle out of it, mark my words they have been preparing for this long before the Orams case came to light.

[Viewpoint]

I have made a few enquiries into what could happen when the case is presented before UK courts by chatting to English Lawyers and the answers I got was the road will be very long and full of pit holes not to mention very costly. The case will be constantly delayed due to its political impact and current UK Foreign Policy on Cyprus eg Solution via Annan Plan so the prosecuting lawyer must have a lot of patience, time and money if he is to obtain a result be it positive or negative.

Using the Law to apply pressure and obtain political gain in my opinion is not correct, it only breeds ill will between our communities which is a snow ball and serves no purpose in the long run.

The Property issue is a very sensative one and should be handled with great care on a wholesale basis. The issue should be addressed as to ensure that previous owners have either their land/property back or if this is not feasible eg a hotel/develpment has been built on it, then compensation should be paid at current market value.

I just wonder will Russians Israelis Americans and Arabs, the world also be prosecuted??? What if they do not have any property in the EU region to sieze??What then???

[Nickp]

Even though i feel sorry for the Orams at the end of the day, my symphany is very little for forigners who buy Greek Cypriot property in the North.

Unlike the TC's who have had to take up GC's houses becase they lost theirs. Property sales to foreigners is different becuase there taking advantage of other's misfortune for their own benefit to get a cheep deal.

Regardless of whatever political solution is found. The continuing 30 year denial of even a small proportion of GC's to return to their homes even under Turkish Cypriot administration is in my view disgusting.

Hopefully, the EU will give Cyprus some Justice.

[brother]

Are we talking about the same E.U that endorsed and still supports the Annan plan, heh..heh..you are really fooling yourself but there is no harm in wishful thinking.

[turkcyp]

..... Of course he can take it to the ECHR. ....

Correction. He has to go to EU courts, if a British court refuses to accept the court decision of RoC court.

I just wonder will Russians Israelis Americans and Arabs, the world also be prosecuted??? What if they do not have any property in the EU region to sieze??What then???

IF you are not an EU citizen you are fine, because she is suing because of EU law that says that court decision in one country is binding on another country with some exceptions.

Now the British couple will basically try to convince court in UK that she is one of those exceptions.

But this does not change anything as majority of the land bought in the north is done by the Israelis for development purposes...

Unlike the TC's who have had to take up GC's houses becase they lost theirs. Property sales to foreigners is different becuase there taking advantage of other's misfortune for their own benefit to get a cheep deal.

But majority of these BRits bought those property from TCs who have obtained them the way you justify. You are telling that it is OK, for a TC to get a land for a land he had left in south as long as he does not sell it to somebody else.