You will remember that in May last year I warned on this blog against purchasing property in northern Cyprus.
It appears that I have been vindicated. The Court of Appeal (Civil division) in London yesterday handed down its judgment in the long running cause celèbre, Case No: A2/2006/2114 Apostolides v Orams. The Court of Appeal decided in favour of Mr. Apostolides and no further appeal is to be allowed.
This judgment has determined in a final way that the legal rights of displaced Cypriots against trespassers, as determined by the Courts of the Republic of Cyprus, can be enforced in the United Kingdom.
The details of the judgment provide that the Cyprus judgments be registered and enforced in the UK. The Cyprus Court had made a number of Orders against David Charles Orams and Linda Elizabeth Orams, regarding land at Lapithos in Cyprus belonging to a Cypriot refugee, Mr. Apostolides. In particular, the Cyprus Court ordered that the Orams should:
- Cease trespassing on the land belonging to Mr. Apostolides;
- Deliver up possession of the land to Mr. Apostolides;
- Pay ‘mesne profits’ (effectively, rent) to Mr. Apostolides in respect of the period of their occupation;
- Knock down the villa and fencing they had built on the land; and
- Pay certain sums in respect of Mr. Apostolides’s costs of the proceedings.
The Orams will also be ordered to pay the legal fees incurred by Mr. Apostolides, regarding the London and Luxembourg proceedings.
http://latchfords.spaces.live.com/default.aspx
You may have seen Cyprus 44 or Cyprus Today or even here and our need to find a solution to this mess. We have run out of routes to follow as regards a solution. The TRNC Government and the Turkish Embassy in London have totally ignored our requests for answers to questions (handed in on Aug 4th 09 some on August 08 and August 07) and the final straw was President Talat ignoring our request for an audience when he was in London. He didn’t even have the good grace to reply and we know he got the email as it went to him via the TRNC London Office
Hi Mary
Many Cypriots believe the British people who purchased their property in Northern Cyprus, knew before purchasing that the property sale was in fact, an illegal transaction. Unfortunately, this is not the case, many British, and other nationals purchased their property in Northern Cyprus believing, based on the advice and information from their vendor and the lawyers, that the transaction was legal. For sure, many buyers knew of the situation but the fault here is with the Turkish Cypriots and their Government who all knew the properties were not theirs to sell. In Southern Cyprus, know one can buy or sell Cypriot Turkish properties although there are rented out via Government control. Had Northern Cyprus applied the same rules, rent only option, we would not be in this mess. And, this really is a huge mess and I do feel for the many innocent purchasers in the north who face turmoil.
The only way forward is a political one, and after 35 years of talks we live in hope that one-day all Cyprus will be one.
Andrew – Limassol
AGA BUYERS ACTION GROUP from UK comments:
3 British housewives are sueing Turkey/TRNC through the American courts for the crimes they have suffered at the hands of the North Cyprus Regime over the past 6 years. They and thousands of others have paid Millions of pounds sterling for properties that they haven’t got and were never designed to get. They and 1000′s of others were led to believe that the land belonged to the vendor, after all who would question a Warwick University trained Lawyer and a Land Registry Office ? Was it a scam from the start – the American courts will soon uncover the truth when the bank accounts are opened under US Law !
The women have proved there is no enforceable legal system in the TRNC so therefore will be launching a lawsuit in Washington DC against Turkey for their losses to those in the TRNC. This action is not just open to victims if AGA DEVELOPMENT but anyone who has been allegedly scammed or suffered crimes at the hands of the North Cyprus regime and its associates, no matter what nationality, creed or culture ! To join us See blog for AGA BUYERS ACTION GROUP
THE SAD THING IS, THAT THOSE THAT BUY IN NORTHERN CYPRUS DO SO BECAUSE THEY DONT HAVE A GREAT DEAL TO SPEND. SO WHEN THERE IS COURT PROCEEDURE THEY CANNOT MEET THE COSTS. THE ESTATE AGENTS ARE THE BIGGEST CON EVER, WHEN THINGS GO WRONG THEY DONT INTERVENE, SAYING THAT THEIR SIGNATURE ON THE CONTRACT IS ONLY AS A WITNESS. IF AN ESTATE AGENT SELLS YOU OFF PLAN PROPERTY, THEN HE SHOULD BE RESPONSIBLE, AS ITS TO HIS OFFICE YOU WENT TO. THE SYSTEM IS USELESS, SOLICITORS MAKE A FORTUNE AND GET FAT ON OUR TEARS, I AS OTHERS HAVE MADE A BIG MISTAKE. AND I DONT REALLY SEE A WAY OUT.
well join in our lawsuit – its open at ALL that have been defrauded in North Cyprus
agabuyersactiongroup@yahoo.co.uk
Sue, Pat Sandra
I went to cyprus last year to look into buying a villa. I was put off because you can’t even register the property in your own name (something to do with their land registry). Glad i never went ahead as the villas are now half the price they were and look like their going to get a whole lot cheaper!