Two more cases pending against north buyers

Littlenige



Joined: 24/12/2006
Posts: 3594

Message Posted:
21/05/2009 17:10

TWO MORE property cases are being launched against EU residents living in the north, said the lawyer responsible for taking on the Orams case.



Costandis Candounas was quoted in Turkish newspaper Referans saying that two new files were being prepared against people who were responsible for exploiting Greek Cypriot properties in the north.



“At this moment, there are two new files… it is too early to say what will happen exactly, since the procedure has not been completed. We have another waiting period. We expect to have some results by the end of October,” he told the paper.



TO READ THE STORY IN FULL jus t click the link below.



http://www.cyprus-mail.com/news/main.php?id=45769&cat_id=1

Littlenige



Joined: 24/12/2006
Posts: 3594

Message Posted:
21/05/2009 17:49

The final verdict of the English Court of Appeal, following receipt of the ECJ’s ruling is expected sometime in October.

nurseawful



Joined: 06/02/2009
Posts: 5934

Message Posted:
21/05/2009 23:18

Could this be more scaremongering and propaganda from the south.

I don't dispute what you say Nige but until somebody comes up with hard facts and names, sick of listening to rumours, e.g. my nieghbours sister best friend had a GC at the door wantin their hoose back that was never there to begin with!!!

Blackpoolfan


Joined: 03/12/2008
Posts: 1568

Message Posted:
22/05/2009 03:56

2 down only 9,998 ish to go am i Bovereddd not yet!!!!!!

Geejay


Joined: 18/04/2009
Posts: 475

Message Posted:
24/05/2009 12:45

Only property cases already with the ECHR are to be settled in the courts. All new cases have to go to the Immovable Properties Commission in the North. This is accepted by the ECHR. These cases are settled by compensation or exchange.

If compensation is the method this is paid by TRNC/Turkey, both of whom have stated their financial guarantees in property cases.

Geejay


Joined: 18/04/2009
Posts: 475

Message Posted:
24/05/2009 12:59

Until such time as there is a "settlement of the Cyprus problem" (don't hold your breath) then new cases will go to the IPC as the local solution as agreed by the ECHR.

Reviewing it's effectiveness and adequateness is an ongoing situation and in no way currently acts against it's decisions.

Stewart


Joined: 19/07/2008
Posts: 1107

Message Posted:
24/05/2009 13:14

What if.....I were one of the two new EU residents in NC and I just allowed the GC to take me to court...then after two years of his court expenses...simply swopped my house / villa for another.



I would no longer be the owner / occupier....would the GC have to start the case over again with the new owner.



What if I bought the Orams villa and I have no other property / interest in the UK



What if the Orams sold their villa to a TC for £5 and rented it back at 50p per annum?

ilovekibris


Joined: 18/05/2009
Posts: 394

Message Posted:
24/05/2009 13:20

stewart,



i think he'd still go after you for trespass and damages on the basis of ive started so i'll finish.

Stewart


Joined: 19/07/2008
Posts: 1107

Message Posted:
24/05/2009 13:27

Hi.....but think of his costs....could be worth the ride



Cannot see how trepass will come into it.....all passenagers arriving at Larnaca are therefore tresspassers? lol



ps have not damaged anything...as property was already built.



How would the EU take up the case against someone who no longer owned or lived on the property.....how many past owners would / could they persue?

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
24/05/2009 13:57

there's so much trollop going on here, i feel punch drunk !

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
24/05/2009 14:23

The really sad thing is that the couple also being taken to court by Mr. Meletis Apostolides's solicitor, may well not get the financial aid Mr and Mrs Oram have. This at the moment is their biggest concern.

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/05/2009 14:44

Its about time the trnc bankrolled these people .If the ROC is able to do it then surely its up to the TRNC to counter .

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/05/2009 15:01

Stewart





"What if the Orams sold their villa to a TC for £5 and rented it back at 50p per annum? "



It would be better to use a Turkish settler and give him the keys.If you give the keys to a EU TC then he would end up in the same boat.



Either way you would still have to pay for the rental for the time you occupied, which really shouldnt be much for agricultural use but still....So you wouldnt save having to pay the GC and you would have to leave ,but a least the bloke that sued you would be denied the use of the land as well.

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/05/2009 15:14

Arbee

message 16



At last , a positve comment from you.





Would have expected you to rub it in by saying "unlike the support we get from our legitimate Govt , there is absolutely no chance of the illegal trnc govt supporting these people."



Thanks for not taking the opportunity.

mixie


Joined: 16/05/2009
Posts: 302

Message Posted:
24/05/2009 15:20

Girne,

The Orams case is "sub judice" which basically means that there are judicial proceedings in process. They could have acted before these proceedings but could not really act now.



M

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/05/2009 15:39

Mixie

What could they have done,except question why their legal team were so poor.





The GC's have always been in the right as far as EU law is concerned,and if I was a GC I would have gone down the same route.However from a TC point of view Talat should have said to the ROC .You have 24 hrs to decide on either of the two ,do we carry on with the negotiated route or do we go the EU route in which case we can stop wasting each others time and go home.

Stewart


Joined: 19/07/2008
Posts: 1107

Message Posted:
24/05/2009 15:52

Dear Girne29

"Either way you would still have to pay for the rental for the time you occupied"....this implies that if you rent the villa for a holiday ..you are liable for rental for the time you occupied



beggers belief



Why are no TC's being taken to court....many on this forum ( perhaps GCs? )...keep stating NC is in the EU.



Could a GC claim the land back from a T settler.....what if the current owner is a RUSSIAN? how would the GC deal with that?

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/05/2009 16:31

Hi Stewart



If I rented you my villa ,that would be sub letting ,I would be responsible for paying.



The rental is supposed to be based on what the GC has lost in potential rental for the agricultural use of his land.

Obviously if you have a villa built on his lemon grove he couldnt rent out that grove. Tho looking at the land rental demanded.It must have been the lushest agricultural land in Europe.



Where I say his legal team are crap is why they didnt get GC to prove how he could have rented out land in the TRNC that was owned by as a TC ,if the Orams hadnt bought and built on it.

It was impossible 1974 to present for the GC to have control over the land,

ECHR should have ordered the Orams to vacate ,but hold the TRNC liable for preventing him using the land,not Orams.



The Orams can take the TC that sold them the land to court if/when EU citizens,but then the TC can take TRNC to court for saying said sale of land was legal. Bit messy. And again ,was that TC the origi

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/05/2009 16:38

Stewart Cont



Heres another little one.



Say the Orams do what was asked ,and vacate.And say after two years , the GC,he isnt allowed access or use of land. The Orams would have a good case for asking for the return of the "loss of use" money. A court could be told that in two years the GC managed to get no money out of the land therefore the court can presume the same would have happened in the last twenty years.

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
24/05/2009 17:09

Arbee

know the compensation will have to be paid up to them leaving.I was thinking could not the money later on be claimed back from the GC on the premise that the loss to him of the Orams being on his land was nil.



I still say the Orams legal team should have asked the GC to prove to EU court what difference the Orams being on the land made to his pocket,if he couldnt do anything regardless of who the tenant was.





I steal and use your taxi for a year, I am caught and you sue me for the loss of earnings for that year .Later on we find out that you had lost your licence for 10 years anyway. I could claim the money back.

Not because what I did was right but because what I did had no bearing on your loss of earnings.



I say the same applies to the Orams.



Looking at the handling of the Orams case ,one wonders if it was indeed a conspiracy between those in the north and south who wanted to unsettle the talks,

ilovekibris


Joined: 18/05/2009
Posts: 394

Message Posted:
24/05/2009 17:17

stewart wrote: "Could a GC claim the land back from a T settler.....what if the current owner is a RUSSIAN? how would the GC deal with that?2

IMO they are going after the easiest targets with the most prospects of success from UK assets i.e. ppl like the Orams with English homes, pensions etc. Fair play to them you or i would probably do the same. What would we get out of a Turkish settler or a Russian?!

Troodo


Joined: 12/06/2008
Posts: 1002

Message Posted:
24/05/2009 18:18

What would we get out of a Turkish settler or a Russian?! Rather telling that, would you not think Kibris. Do I smell a wolf in sheeps clothing perhaps.



Troodo.