Property Buying FAQ's

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Buying in the North

Following the Turkish invasion and occupation of the northern part of Cyprus, 200,000 Greek Cypriots, who lived in the area currently occupied by Turkey, had to leave their properties and to move to the government controlled area. Their properties were then passed on, mainly to Turkish mainland settlers who were brought into the occupied area of Cyprus from Turkey.

The U.N. Security Council has adopted a series of resolutions (particularly 541 (1983) and 550 (1984)) recognizing the Government of the Republic of Cyprus as the only legal Authority in the entire territory of the Republic and calling "upon all states not to recognize the purported state of the "TRNC" set up by secessionist acts... [and] not to facilitate or in any way assist the aforesaid secessionist entity".

There have also been a number of cases before the European Court of Human Rights (ECHR) alleging violation of the human rights of Greek Cypriots by Turkey, in general, and of their property rights, in particular. To date the ECHR has issued judgments in four cases; Loizidou v Turkey (1996, 1998), Cyprus v Turkey (2001), Michaelidou Developments Ltd and Tymvios v Turkey (2003) and Demades v Turkey (2003). In each case the Court found Turkey in violation of the fundamental right to property of the Greek Cypriot legal owners.

Given these judgments any potential purchaser of property in the occupied area of Cyprus needs to bear in mind the following:-

1. The current practice of issuing "title deeds" to the new occupants of properties belonging to Greek Cypriots situated in the occupied area of Cyprus is based upon the "legislative" and "constitutional" provisions of the said administration and their legal validity is very doubtful .
    
2. Greek Cypriot owners cannot be deemed to have lost their properties and are the only legal owners of their properties in the occupied area of Cyprus.
    
3. The only recent compliance of Turkey with the 1998 ECHR judgment in the Loizidou v Turkey case indicates that Turkey accepts the ruling of the Court that the dispossessed Greek Cypriot is still the legal owner of the land.
    
4. The only recognised legal authority in Cyprus is the Government of the Republic of Cyprus and no other Government or Administration can exist with the legality and the authority to execute any act in the realm of public life, including the transfer of property rights.
    
5. Purchasers, particularly those domiciled in the UK, who essentially "buy" property which does not belong to the "seller", run the risk of being sued at any time by the Greek Cypriot owners (many of whom are also domiciled in the UK) before the British Courts for trespass, or conspiracy to commit trespass, to such properties. Similar actions based on tort could very well be brought before the Courts of the Republic of Cyprus.
    
6. Entering into any agreement to purchase property belonging to Greek Cypriots situated in the area of Cyprus under Turkish military occupation, may well constitute an illegal act which could expose the "purchaser" to grave legal and financial consequences. Purchasers have no legal title deed after the conclusion of such an agreement, as no title can be legally obtained from the current "sellers" who are not the legal owners of the said property.