Cyprus-Forum.com

[-mikkie2-]

Even if the ECHR approves this immovable property commission as a suitable internal remedy, it won't stop GC's applying to the ECHR. If this commission for example does not pay compensation for loss if use, gives a lame excuses for not handing back property eg until Cyprus problem is solved, in military zone etc etc, then the applicats can take their case to the ECHR anyway. All this does is to just simply delay the inevitable - that GC property owners have the law on their side.

The TC regime will fall into a trap of its own making because once their 'legal remedy' is discredited then the floodgates will open big time.

[vaughanwilliams]

Even if the ECHR approves this immovable property commission as a suitable internal remedy, it won't stop GC's applying to the ECHR. If this commission for example does not pay compensation for loss if use,
gives a lame excuses for not handing back property eg until Cyprus problem is solved,
How is that a lame excuse? It's one of the conditions of the RoC concerning TC property...
in military zone etc etc, then the applicats can take their case to the ECHR anyway. All this does is to just simply delay the inevitable - that GC property owners have the law on their side.

The TC regime will fall into a trap of its own making because once their 'legal remedy' is discredited then the floodgates will open big time.

[-mikkie2-]

yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.

The 'trnc' will have to do the same.

[vaughanwilliams]

yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.

[Oracle]

There's nothing wrong with the 6 month rule since it takes that long for most conveyancing searches to be carried out thoroughly. It must be a nightmare to check so many disparate people, relatives and deceased who may have a claim to any one property and over decades.

It's not something the RoC can afford to get wrong ... i.e. allow a fraudster claimant to take possession of someone else's property just because they had to rush through the procedure with inadequate time.

[vaughanwilliams]

There's nothing wrong with the 6 month rule since it takes that long for most conveyancing searches to be carried out thoroughly. It must be a nightmare to check so many disparate people, relatives and deceased who may have a claim to any one property and over decades.

It's not something the RoC can afford to get wrong ... i.e. allow a fraudster claimant to take possession of someone else's property just because they had to rush through the procedure with inadequate time.

I quite agree with you but, why does someone need to be there while these searches are carried-out? No-one is suggesting that the procedure is rushed - the question is: Why does the claimant need to be there? People have family and jobs, etc., abroad and cannot just move to RoC and rent for 6 months BEFORE the process can even start.

[Gasman]

Ah well, whether they have to go live there for 6 months or not in the future, they can rest assured that their property won't have been flogged off on the cheap to foreigners.

[Malapapa]

yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.

I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.

[vaughanwilliams]

yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.

I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.

The 6 month rule, as I understand it, seems to be completely arbitrary as the claimant needs to have lived in RoC for 6 months BEFORE he can make a claim??? I can just about accept that you might want the claimant to live in RoC WHILST the claim is processed, but BEFORE???

[bill cobbett]

yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.

I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.

Yes this 6 month residency rule is well past its sell-by date. Had uses in the past, but now that so many, many tissies have RoC ID cards and passports, the matter of proving identity is much,much easier.

It should be as easy for tissies to enjoy their lands as any other EU citizens.

If the Roc doesn't act on this soon, then some concerned tissies should haul the RoC up before the ECHR on this now past-it rule.

(Shame that Sofi person took the RoC's Harem Money and we lost the chance to see the ECHR's opinion on this)