Claiming my Turkish Cypriot land in the ROC

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
17/02/2010 13:13

The Turkish Cypriot who sold me his 'exchange land' has land in the ROC. Now this exchange has officially not been recognised by the EU, can I now make a claim for the land my TC seller DOES have in the ROC?

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/02/2010 13:33

Not a chance, I've asked this question several times. The theory is that the TRNC government has been given the deeds in exchange for them giving the GC property to the TC deed holder. In reality this is not recognised by the RoC so the TC can "sell" you the GC property in the north and then sell their own property in the south. Having your cake and eating it too, I think it's called. Of course an honest TC would let you use that property and offer it as compensation should GCs bearing writs come after you.

What's that in the sky, is it a bird, is it a plane, no - oink, oink!!!

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
17/02/2010 13:57

Thank you Mal, but as I read your reply the TRNC were in receipt of the refugee TC's deeds before issuing an 'exchange'. In effect the TRNC are the 'custodians' of the deeds to the TC's ROC property, so how could he then sell the property in the south? Assuming that the ROC deeds are still in the custody of the TRNC, then they should be available to transfer to the new owner. If the TRNC have released the deeds to the TC, then are we talking about taking action against the TRNC for its neglect?

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
17/02/2010 14:30

The RoC might be persuaded by the TC that the deeds had been lost during the conflict. If what you are saying is right then the TRNC has deeds which could be released to you, me, all ex-pats with "exchange" properties. How would they be transferred to us? The only way is through the RoC land registry and guess who they have to be transferred from? That's right, the TC who exchanged them for GC property. It still comes down to the TC being willing to do this.

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
17/02/2010 14:39

Mmmm! It's an interesting problem, but perhaps worth keeping on the back burner. The main issue is that the TRNC have the ROC deeds, and therefore the 'having your cake and eating it' scenario is prevented. That leaves an opportunity to claim the ROC deeds in the event of meltdown.