RISKS OF BUYING PROPERTY IN THE OCCUPIED PART OF THE REPUBLIC OF CYPRUS

Foreign citizens are warned against the purchase of Greek Cypriot owned property, in the part of the Republic of Cyprus which has been under Turkish military occupation since 1974.

As a result of the Turkish invasion and subsequent occupation of 36.4% of the territory of Cyprus, 170,000 Greek Cypriots, who constituted 2/3 of the inhabitants of the occupied area, were forced to flee from their homes. According to the 1964 Land Registry Office Records, Greek Cypriots owned approximately 78% of the privately owned land in the territory now under Turkish occupation.

The displaced persons are to this day prevented by the Turkish armed forces from returning to their homes and peacefully enjoying their properties. However, under Human Rights Conventions, as well as international and national law, they retain their title to their property.

Greek Cypriot owners may also bring civil action against usurpers of their property before the competent civil Courts of the Republic of Cyprus. In its judgment of 15 November 2004 in the case of Meletios Apostolides v David and Linda Orams, the Nicosia District Court found the Defendants liable for trespass in the property of the Plaintiff, ordering them to demolish the villa and other buildings erected on the property, surrender vacant possession to the Plaintiff and pay damages. Pursuant to EC Regulation 44/2001, the judgments of the civil courts of the Republic of Cyprus can be enforced in any of the Member States of the European Union against the assets of the Defendants in that state.

Under the laws of the Republic of Cyprus, the exploitation of property registered in the name of another, constitutes a criminal offence, for which a European arrest warrant, executable in any of the 25 EU countries, and an International arrest warrant could be issued.

Caution for foreign citizens

Thus, foreign citizens interested in purchasing property in the area under Turkish military occupation are strongly advised to thoroughly examine the legal ownership status of the property concerned, through the Lands and Surveys Department of the Ministry of Interior of the Republic of Cyprus, in order to ascertain, at first, that no violation of the property rights of the legal owners will be effected through the transaction, and, second, to safeguard that the purported seller is the true owner of the property and can transfer a valid title.

Ignorance is no excuse as several governments; including UK, USA, Russia, France and Germany have issued warnings on the purchase of property in the occupied areas of Cyprus.

After all buying property in the occupied area of Cyprus could infringe upon the property rights of others, involve a violation of the criminal and civil law and could entangle the buyer in legal proceedings, financial damage, personal liability and the risk of losing he money invested, as well as assets at home

FOR MORE INFORMATION CONSULT THE MINISTRY OF FOREIGH AFFAIRS OF THE REPUBLIC OF CUPRUS OR VISIT
www.mfa.gov.cy/occupiedarea-properties