[Article] Legal ruling on villa may affect Irish owners - Northern Cyprus

Victor

http://www.irishtimes.com/newspaper/world/2010/0121/1224262783024.html

Legal ruling on villa may affect Irish owners
MICHAEL JANSEN in Nicosia

IRISH NATIONALS face the possibility of losing property in northern Cyprus following a London appeals court ruling in a case brought by a Greek Cypriot against a British couple. The court ordered David and Linda Orams to demolish the villa they built in the village of Lapithos on land owned by Greek Cypriot refugee Meletios Apostolides and pay him rent and damages.

There is no appeal and the Orams could be compelled to exe- cute the ruling within 14 days or be held in contempt.

The Turkish Cypriot authorities have rejected the ruling.

If the Orams do not comply, however, the British court could order the sale of their home in Britain to pay compensation to Mr Apostolides, whose costs are estimated at €1 million.

The London ruling could serve as a precedent in several thousand potential cases that could be raised by Greek Cypriots against EU citizens who acquired Greek Cypriot property after 1974 when 200,000 members of the community fled or were expelled from the north following the Turkish occupation.

The UN regards 78 per cent of the land in the north as Greek Cypriot property.

“This creates a new legal framework in cases where foreigners are trespassing on such properties,” stated Constantis Candounas, Mr Apostolides’ lawyer. He added, however, that “each case must be decided on its own particular facts”.

The London court upheld the decisions of a Cypriot court and the European Court of Justice (ECJ) which could not be en- forced in the north where, as the European Court of Human Rights ruled in 1998, Turkey exercises full control.

The ruling effectively nullifies the 1975 Turkish Cypriot absentee property law, which deprived Greek Cypriots of their properties and enabled foreigners to acquire their land and homes in the occu- pied area.

The UK judgment says EU courts should recognise and implement decisions taken in the courts of the internationally recognised republic, an EU member. Since the London court gave Mr Apostolides the option of securing redress in the UK, this could be applied to other cases lodged in the EU.

According to the ruling, non-recognition by EU courts of decisions taken by a court of an EU member could have negative consequences.

The Orams’ counsel Cherie Booth, wife of former British prime minister Tony Blair, argued in court that a decision against the Orams could jeopardise ongoing reunification negotiations between the Greek and Turkish Cypriot leaders. But this was dismissed by the court.

Cypriot president Demetris Christofias welcomed the ruling but declined to comment because of its sensitivity.

Some analysts argue the decision will harm the April re-election prospects of Turkish Cypriot leader Mehmet Ali Talat, his community’s negotiator.

If hardliner Dervis Eroglu wins, a deal is unlikely. But others contend that the ruling could put pressure on Turkey to settle before the property issue, due to become the focus of intensive talks next week, explodes in courts across the EU and complicates Ankara’s already problematic accession process.

The_Conductor

Its very interesting- and to be honest- it has been a big concern for years. Personally I don't understand how/why people would buy property which didn't have clean and clear title established. Fair play to the British court for having the balls to establish the legal precedent- I hope all other courts find similarly.

The other big issue for British and Irish who purchased in the sun- is Spain- and its development charges and confiscation of property by developers. I believe they've been told by the EU to stop- but whether restitution will ever be made to the thousands of Irish and British who were robbed- is another issue.......