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Foreign Governments and Professional Associations
Warn their Citizens.
Australia:
“If you are contemplating purchasing property in
the north you should be aware of the uncertainty of legal titles given the claims to ownership of
persons displaced during the conflict of 1974. There is a risk that purchasers may face legal
proceedings in the courts of the Republic of Cyprus, as well as attempts to enforce judgments of
courts of the Republic of Cyprus through courts elsewhere in the EU. Before signing any kind of
contract, you should seek independent legal advice.”
Austria:
Before considering the purchase of real estate
property in the northern part of Cyprus, you are advised to consult a well-informed lawyer from the
Republic of Cyprus for consideration of the legal status and of the rightful title which belies the
purchase of any real estate property, since there is a risk that the certificate of title of any
real estate property is disputed and may be involved in a claim of restitution of the property
(consult also the relevant judicature of the European Court of Human Rights).
Belgium:
“Purchase of immoveable property”
During or after the purchase of immovable
property, both in the southern and northern part of Cyprus, complications might occur that are
related to the political partitioning of the island and non-recognition of the “Turkish Republic of
Northern Cyprus.” Belgians who wish to purchase immoveable property on Cyprus (and in particular in
the northern part) are strongly advised to be informed carefully, to seek independent and qualified
legal advice concerning the legal modalities.
Canada:
Canadians considering the purchase of property in
Cyprus should seek independent legal advice, as they may become the target of civil law suits and
their ownership may be challenged by Cypriots displaced in 1974.
Denmark
(embassy in Nicosia):
“It is recommended that Danish citizens who
contemplate acquiring property in northern Cyprus seek independent legal assistance as there is a
risk of legal actions from possible Greek Cypriot owners who were driven away from the area in
1974.
Additional information can be obtained in the
travel guidelines of the British and German Foreign Ministries.”
Estonia:
“In case that you want to purchase land from the
northern part of Cyprus, you should thoroughly consider all the circumstances and use the legal
help of local professionals in the making of the purchase.”
France:
“Before purchasing immovable property in Cyprus,
it is strongly recommended to seek legal advice. Indeed, as a consequence of the international
non-recognition of the 'Turkish Republic of Northern Cyprus' (TRNC) and pending a settlement of the
Cyprus issue, any real estate transaction in the north of the island involves important financial,
and even legal, risks: since the entry of Cyprus into the European Union on 1 May 2004, the
purchasers, or even the occupants of a disputed property (issue of the "properties despoiled" in
1974) expose themselves to proceedings not only within the Republic of Cyprus, but also in any EU
Member State.”
Germany:
Acquisition of property in the occupied part of
Cyprus
Due to the Cyprus problem and to the unresolved
questions of land ownership resulting from this conflict, the purchase of land in the part of
Cyprus under Turkish military occupation involves considerable legal and financial risks. A
thorough examination of any offer and independent legal advice are therefore urgently recommended.
This also applies to any offers of financing, because most of them lack the required reliability.
Extracts from the land register presented during the negotiations for purchase may not necessarily
show the real legal situation. The acquisition of property is therefore subject to a future
solution of the Cyprus problem, even in case Greek Cypriot owners or their legal successors were
involved in the purchase negotiations and in the transfer of property rights. Therefore, legal
guarantee is not provided. Purchasers and owners of property that belonged to Greek Cypriots before
1974 take quite a risk of being sued before a court of the Republic of Cyprus. Since the accession
of Cyprus to the EU, judgments issued by Cypriot courts are enforceable in any other EU-member
state.
Hungary:
Because of the Cyprus problem and its related
ownership questions it is requested that before buying property in the northern part you should
definitely ask for independent legal advice, in order to avoid claims by legal owners disputing the
purchase and any legal or financial consequences as a result of court proceedings.
Ireland:
BUYING PROPERTY IN CYPRUS
Many Irish citizens have purchased properties in
the Government controlled area of the Republic of Cyprus. However, Irish citizens considering the
purchase of property in the northern part of Cyprus, which is not under the effective control of
the Government of the Republic of Cyprus, are strongly advised to seek qualified independent legal
advice due to potential claims related to title and ownership from Cypriots displaced from that
area in 1974, which may lead to serious financial and legal repercussions. Potential buyers may
face legal proceedings in the courts of the Republic of Cyprus, decisions of which can be executed
elsewhere in the EU, including Ireland.
Netherlands:
“The question of buying or building a (vacation)
house in North Cyprus holds risks and is closely linked to the question of property of expelled
Greek Cypriots, which is closely connected to the political situation in Cyprus. The northern part
of Cyprus, the so called “Turkish Republic of Northern Cyprus” is not recognized internationally,
except by Turkey. Cases concerning property, like the return and/or compensation to the rightful
owners from before 1974 (year of the de facto division of the island), constitute an integral part
of the negotiations between parties about a comprehensive solution. The ownership problem must be
solved under the larger framework of negotiations on the Cyprus question under the auspices of the
United Nations. Since the de facto division of the island, negotiations are led, when they take
place, within the framework of the UN. The EU and the Netherlands will, if possible, support the UN
and they will exercise pressure on both parties to cooperate for a solution.
As long as there is no solution to the Cyprus
problem, there is a possibility of legal proceedings in the Republic of Cyprus, against buyers of
property in the north. Under certain circumstances, judicial procedures can also take place in the
country of origin of the buyer. It is the responsibility of the potential buyer himself to be
carefully informed about eventual risks of the real estate market in Cyprus.”
Romania:
Recommendations for Romanian citizens planning to
purchase properties in the northern part of the Republic of Cyprus
.
Romanian citizens planning to purchase properties
in Cyprus are advised to seek independent qualified legal advice before purchasing, especially for
the area administrated by the Turkish Cypriot community in the so called “Turkish Republic of
Northern Cyprus”, which is considered an internationally illegal entity.
There is a risk that purchasers in this area
would face legal proceedings from the courts of the Republic of Cyprus or elsewhere in the
EU.
Russia:
1. As for purchase of immovable property and
making other commercial transactions on the northern part of the island, we recommend to take into
consideration that legally (according to the Cyprus national law and European Union law) Greek
Cypriots still have their right for ownership for the considerable part of the immovable property
situated on the north of Cyprus… In case immovable property transactions or investments into
infrastructure development violate the Greek Cypriots’ property rights and ignore the existing
legal rights, they may result in long court procedures and large penalties.
2. It is necessary to take into consideration
that according to the bilateral agreement about legal assistance on civil and criminal cases (1984)
the decisions of Cyprus courts are accepted and executed in the territory of the Russian
Federation. In case Russian businessmen are involved in a conflict in the north of Cyprus, the
ability of the Russian authorities to offer any legal or other assistance to them is quite limited
for obvious reasons. Moreover their activities in contravention of the legal authorities of the
Republic of Cyprus prejudice in general the legality of their business. The European Union gave
effect to the procedure approved on 29 April 2004 by European Commission about trade through the “
green line”. It creates a legal precedent stipulating for the export-import transactions with
Turkish-Cypriot partners through official Cyprus authorities with the use of legal air and sea
ports.
Spain:
Property Acquisition
: Spanish citizens are warned of the legal and
economic risk stemming from immovable property acquisition in the northern part of Cyprus, in view
of the fact that many of the terrenes and houses on offer are properties of Greek-Cypriot citizens
who have not been able to recover their possessions since the Turkish invasion of 1974. They
continue to assert their property titles, in a legal and judicial manner: in several recent cases
the Courts of the Republic of Cyprus have issued judgments against foreigners, ordering the
destruction of the houses that have been acquired in a legally fraudulent manner. It is therefore
advised to
always consult with a lawyer in Spain before initiating any kind of legal
transaction relevant to leasing, buying-selling or to any other dealings in that part of Cyprus. It
is also reminded that all documents and contracts issued by the self-proclaimed “Turkish Republic
of Northern Cyprus” (given that they emanate from a “state” not recognized by Spain) lack any kind
of legal validity in our country, as well as in most of the world. The mere holding of leaflets
advertising there properties may cause problems at the moment of crossing the “green line”.
Sweden:
The advice was published by “Konsument Europa,”
the competent authority to issue such. The Swedish Ministry of Foreign Affairs does not issue
travel advices.
If you are planning on buying property in Cyprus,
you should consult legal experts! In 1974 Cyprus was invaded by Turkey and ever since the country
has been divided. In 1983 the “Turkish Republic of Northern Cyprus” was declared, an entity only
recognized by Turkey. This is a political situation that may have profound practical and financial
implications for those who buy property in northern Cyprus. The buyer may also risk a lawsuit in
the courts of the Republic of Cyprus.
Apart from the above complications there are also
special rules applying to foreign citizens who buy property in the northern part of Cyprus that a
buyer should be aware of before entering an agreement.
Read more information from the Embassy of Cyprus
(PIO).
UK:
Documents relating to the purchase of property in
northern Cyprus will be presumed by the Cypriot authorities to relate to the illegal transfer of
Greek Cypriot property and may be subject to confiscation when crossing the Green Line. Anyone in
possession of these documents may be asked to make a statement to the Cypriot authorities.
Purchasing Property
Before purchasing property anywhere in Cyprus you
are strongly advised to seek qualified legal advice from a source that is independent from the
seller.
Property issues are closely linked to the
political situation. There are a number of potential practical, financial and legal implications,
particularly for those considering buying property in the north. These relate to the
non-recognition of the "Turkish Republic of Northern Cyprus", the suspension of EU law in northern
Cyprus, the possible consequences for property of a future settlement, and the many thousands of
claims to ownership from people displaced in 1974. There is also a risk that purchasers would face
legal proceedings in the courts of the Republic of Cyprus, as well as attempts to enforce judgments
from the courts of the Republic of Cyprus elsewhere in the EU, including the UK.
Furthermore, the National Association of Estate
Agents (NAEA) warned Britons considering buying a property in the occupied areas of the island to
exercise caution and conduct thorough research into the ownership of the land it is built on. In a
press release posted on NAEA'swebsite on 21 November 2005, interested buyers are being warned that
they could be violating the Greek owners' legal rights which might lead to serious legal and
financial consequences. Special reference is made to the several cases on this issue that have
already been filed before the courts, both in the Republic of Cyprus and in the European Court of
Human Rights, and to the Orams case in particular.
USA:
U.S.
Citizens who buy or lease property, particularly
in the area administered by Turkish Cypriots, may find their ownership challenged by people
displaced in 1974. Prospective property buyers should seek legal advice before buying. The Republic
of Cyprus regards these transactions as illegal. Its customs authorities may confiscate documents
relating to the purchase or leasing of such property upon arrival in Cyprus or when crossing the
Green Line. |
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