Cyprus-Forum.com

[AWE]

Hi Boomer,

Only if they fail to comply with the court order and are found in contempt.

There are 4 things need to prove contempt of court:

1 existence of a lawful order
2 the contemnor's knowledge of the order
3 the contemnor's ability to comply
4 the contemnor's failure to comply

The problem here is that No. 3 is going to be difficult to prove. They cannot hand back the property to Mr. A nor can the Os demolish the property without TRNC planning permission which is likely to be refused. So they are not in contempt as they do not have the ability to comply, without taking unreasonable actions i.e. demolish without planning permission, that would endanger their safety or liberty in the TRNC. Few if any courts would expect one to act this way.

[boomerang]

Hi Boomer,

Only if they fail to comply with the court order and are found in contempt.

There are 4 things need to prove contempt of court:

1 existence of a lawful order
2 the contemnor's knowledge of the order
3 the contemnor's ability to comply
4 the contemnor's failure to comply

The problem here is that No. 3 is going to be difficult to prove. They cannot hand back the property to Mr. A nor can the Os demolish the property without TRNC planning permission which is likely to be refused. So they are not in contempt as they do not have the ability to comply, without taking unreasonable actions i.e. demolish without planning permission, that would endanger their safety or liberty in the TRNC. Few if any courts would expect one to act this way.

Hi AWE
the tnct gave an unlawful permit in the first place which the courts already ruled against...this is seeing it as straight out theft...

on the other hand failure to comply will have consequences...

Regardless of all these, the concequences are as follow
1...no more selling of properties...
2...no more unlawful buildings going up
3...recognition that the land belongs to the person with the kochan
4....the tnct is not to be recognised ever
5...the Roc rules the roost
6...ramifications as to where the discussions are going
7...orams will be in court till they die...
8...lessons for all wannaby thieves
9...devaluation of all the thieves properties including legal properties...based on a non trust
10...etc...

so you see the demolishing of the house is really icing on the cake...

[Viewpoint]

The market which develop in other direction with Turkish developers and other nationalities jumping on the band wagon once the prices have dropped, the Israelis are always after a good bargin. SO intially there maybe a slowing down but in the long run and with no solution development will continue. The only real way to stop this is to find a solution where refugees have the right to decide the fate of their properties otherwise the situation will not be reversable.