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Question for those aware of "TRNC" property laws.

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Question for those aware of "TRNC" property laws.

Postby BigDutch » Fri Mar 18, 2005 1:25 am

Hypothetical.

If my family were in possession of title deeds for a 400 sq.m plot of land with views of the coast in the Kyrenia district - would we be able to freely use the land ?

I hold a UK passport, as does my wife and my mother-in-law.

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Postby insan » Fri Mar 18, 2005 2:15 am

I'm not sure but I think with the latest regulations you can only claim compensation of your land with an equal value of TC land in South or payment of its price that the property court will decide. In case you haven't satisfied with the judgement of Property Court of North, you can refuse it and apply to the ECHR.
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Postby -mikkie2- » Fri Mar 18, 2005 2:24 am

BigDutch's question is very specific. He is not asking if he can get compensation. He is asking if he can freely use the land if he holds valid RoC title deeds. I assume BigDutch is British as opposed to Cypriot British.
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Postby insan » Fri Mar 18, 2005 2:31 am

Am I not free to tell him what he can do, instead of just replying with a no? According to 3rd Vienna Agreement, he should also be allowed to use his property freely, though. Perhaps if he bases his claim on 3rd Vienna Agreement when apply to Property Commission of North; most probably he could get back his properties and use them freely.
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Postby BigDutch » Fri Mar 18, 2005 2:32 am

Still hypothetical.

We all hold UK passports, and the deeds are official Republic of Cyprus title deeds dated pre-1974.

If a British citizen is 2nd/3rd generation from Cypriot parents - would it make any difference ?
___________________________
RESOLUTION 1217 (1998)
"Calling once more upon all States to respect the sovereignty, independence and territorial integrity of the Republic of Cyprus and requesting them, along with the parties concerned, to refrain from any action which might prejudice that sovereignty, independence and territorial integrity, as well as from any attempt of partition of the island or its unification with any other country"
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Postby insan » Fri Mar 18, 2005 2:36 am

BigDutch wrote:Still hypothetical.

We all hold UK passports, and the deeds are official Republic of Cyprus title deeds dated pre-1974.

If a British citizen is 2nd/3rd generation from Cypriot parents - would it make any difference ?
___________________________
RESOLUTION 1217 (1998)
"Calling once more upon all States to respect the sovereignty, independence and territorial integrity of the Republic of Cyprus and requesting them, along with the parties concerned, to refrain from any action which might prejudice that sovereignty, independence and territorial integrity, as well as from any attempt of partition of the island or its unification with any other country"



If the properties are udal and you have the documents that prove your claim; that's all what you need.
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Postby BigDutch » Fri Mar 18, 2005 2:40 am

I`m not sure what the word "UDAL" means, i assumed you made a typo but don't want to appear ignorant.

I`m trying to find a copy of this "3rd Vienna Agreement" but i can only find items that effectively say "Greek Cypriots who decide to stay will be looked after". The land was left un-occupied before 1974 and haven't been returned to since so will this "3rd Vienne Agreement" be valid ?

You mention also "Property Court of North", where do i find details on this item ?


___________________________
RESOLUTION 1217 (1998)
"Calling once more upon all States to respect the sovereignty, independence and territorial integrity of the Republic of Cyprus and requesting them, along with the parties concerned, to refrain from any action which might prejudice that sovereignty, independence and territorial integrity, as well as from any attempt of partition of the island or its unification with any other country"
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Postby insan » Fri Mar 18, 2005 3:10 am

BigDutch wrote:I`m not sure what the word "UDAL" means, i assumed you made a typo but don't want to appear ignorant.

I`m trying to find a copy of this "3rd Vienna Agreement" but i can only find items that effectively say "Greek Cypriots who decide to stay will be looked after". The land was left un-occupied before 1974 and haven't been returned to since so will this "3rd Vienne Agreement" be valid ?

You mention also "Property Court of North", where do i find details on this item ?


___________________________
RESOLUTION 1217 (1998)
"Calling once more upon all States to respect the sovereignty, independence and territorial integrity of the Republic of Cyprus and requesting them, along with the parties concerned, to refrain from any action which might prejudice that sovereignty, independence and territorial integrity, as well as from any attempt of partition of the island or its unification with any other country"



If the title deeds of the properties of your family have been transfered to your name by right to inheritence; you have all the rights to reclaim your properties by basing your claim on bi-lateral agreements ratified between two sides.



http://www.moi.gov.cy/moi/pio/pio.nsf/A ... enDocument

I couldn't find the details about the property commission and property court but it is said that 2000 GCs and TCs have already submitted their applications to this commission for exchange and compensation of their properties. However the decision of ECHR is being awaited for whether the applications made by the Greek Cypriots will be transferred to the Commission of Property Compensation established by the TRNC.

In any case if you haven't got a problem about that your property claim at the courts of North would constitute the recognition of TRNC; you can anytime reclaim your properties by submitting your application to the relevant court(s). According to the bi-lateral agreements, you should be returned your properties. Though, you will notice that this right does not apply for everyone. It is limited with the provisions of bi-lateral agreements.
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Postby insan » Fri Mar 18, 2005 3:38 am

I want to add one more thing... During the Loizidu case, she was offered the full restitution and right to possess of her properties but she rejected it because she thought that accepting this offer would constitute the recognition of "occupation regime".
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Postby Agios Amvrosios » Fri Mar 18, 2005 8:58 am

it is said that 2000 GCs ...made applications for compensation


please let me have the link for this info. I've never heard anthing like this before. I read about one single bloke who applied but then withdrew his application when he understood what was involved.

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