Foreign buyers of the real estate / the earths on Northern Cyprus often doubt into the account of safety and reliability of purchase of the real estate in territory ÒRNC (Turkish Republic of Northern Cyprus) with the Titles which have been given out ÒRNC. And only the thorough knowledge of a subject will furnish the clue to success and will dispel all doubts. Let’s try understand all subtleties of a subject: «who owns the information – owns the world!»
ÒRNC Titles are Titles (or Property Statuses), appropriated by Government TRNC to the earths (and to objects of the real estate) on Northern Cyprus, including what belonged to Greeks-Cypriotes up to 1974 and which have been appropriated by the power of Northern Cyprus after internal disorders in the country, led to division and the subsequent moving of communities of Turkish-Cypriotes and Greeks-Cypriotes into the north and the south of Cyprus accordingly. To read about history of this conflict it is possible here
All know, that the Cyprus question is not solved to this day. Last attempt of settlement has been undertaken in 2004 (the Plan of the United Nations known under the name “Annan’s Plan”). And though the community of Greeks-Cypriotes has not approved this plan on April, 24th, 2004, it has been approved by a community of Turkish-Cypriotes and unanimously accepted by the international community. Further the United Nations have confirmed, that any future settlements should be spent according to main principles «Annan’s Plan», and its doctrines cannot be reconsidered.
«Annan’s plan» offers the decision of an agrarian question by association of two territorial formations «Annan’s plan» offers the decision of an agrarian by a federation principle in which each part is generated proceeding from the prevailing majority of the population (by a bi-ash value principle). Bi-ash value is reached by restriction of number of the population of the opposite community living in the North and in the south of Cyprus accordingly. It means, that Greeks-Cypriotes who owned the earth / the real estate on Northern Cyprus till 1974, in the majority will not have any right to apply for them. Definitively to find out, why – we will consider all Titles which exist for today on Northern Cyprus, and we will study possible consequences of the decision of the Cyprian question for each of them.
As result of opposition between Turks-Cypriotes and Greeks-Cypriotes which took place in 1960th years and has reached the apogee in 1974, when Turkey has made military intervention in the conflict to protect Turks-Cypriotes living here in minority, the part of the earths and houses on both parts of island has been left and thrown by the really owners.
In total on Northern Cyprus for today there are 4 different Titles (“kochan” in Turkish):
1- the Turkish Title to-1974.
The Real estate / the earth which did not belong to Greeks-Cypriotes in excitements and which up to 1974 was in the property at a Turkish-Cypriote, has the status, a named Turkish Title to-1974 or is simple to-1974. This Title is conventional by the international community.
2 – the Foreign Title to-1974 .
The Real estate / the earth which did not belong to the Greek-Cypriote during this period and which was in the property up to 1974 at the Englishman (or other foreigner), has the status, a named Foreign Title to-1974. This Title also is conventional by the international community.
3 – TRNC-TITLE Eshdeger (or the Exchange Title) .
Is the earth or the real estate initially belonging to the Greek-Cypriote up to 1974 by which Government TRNC new Title Eshdeger has been appropriated, as indemnification for the earths and the real estate, belonging to a Turkish-Cypriote, and left it in the south of Cyprus. Those Turkish-Cypriotes who have left the houses and the earths in the south, have received the so-called “points” estimated proceeding from estimated cost of thrown property. These points then have been used by Turkish-Cypriotes for acquisition of a title of the property on the earths and the real estate thrown by Greeks in the north which was accordingly equivalent to their earth and the real estate thrown in the south. Objects, the Title on which have been received in such a way, have the status Title Eshdeger.
«Annan’s plan» gives the full patronage to the owner of the object having Title Eshdeger. The foreigner getting the real estate with such Title, is considered just as also its primary owner – the refugee a Turkish-Cypriote who has exchanged the earth / the real estate after 1974. Hence, «Annan’s Plan» absolutely precisely confirms legality of transactions with the objects having Title Eshdeger.
The first – the current owner, including the foreign person, cannot lose the earth / the real estate with Title Eshdeger in favour of the Greek-Cypriote who owned it till 1974 if its estimated cost does not exceed estimated cost of the property left a Turkish-Cypriote in the south more than on 50 %. The second – the current owner cannot be dispossessed with Title Eshdeger if it is essentially improved in comparison with the condition in 1974. Within the limits of the law “substantial improvement” among other things also it is considered object building on the earth with these the Title. Thus, purchase of the house which has been constructed after 1974 on the earth with Title Eshdeger automatically becomes without risk.
Eshdeger means the Exchange. This Title is recognised by the decision of the United Nations and «Annan’s Plan» and is accordingly safe for fulfilment of transactions. Moreover,
the new law on indemnification, accepted on request of the European Court under Human rights, gives additional state guarantees.
4 – TRNC-TITLE TMD (or Title Òàõsis)
It is the earth or the real estate initially belonging to the Greek-Cypriote up to 1974 by which Government TRNC Title ÒMD(or Òàõsis) has been appropriated. Government TRNC has distributed population parts so-called “points”, but not for the property left in the south, and for execution of military service and as indemnification for lives of soldiers. These “points” were used subsequently for Title acquisition on the earths and the real estate left Greeks-Cypriotes in the north. The Earth and the real estate, the Title on which have been received in such a way, have the status Title ÒÌD (or Title Òàõsis). Also after the military conflict of 1974 there was a catastrophic shortage of the people who are engaged in cultivation of the earths, and the Government has offered people encouragement. That who cultivated the earth more than 10 years, it was authorised to receive this earth in the property. The earths and the real estate, the Title on which have been received in such a way, also have the status Title TMD. This Title is recognised by the resolution of the United Nations and «Annan’s Plan» and is absolute without risk for fulfilment of transactions, under condition of presence of considerable improvement of object.
In the resolution of the United Nations and in «Annan’s Plan» the term of Considerable Improvement for the owner of the property with the status Title ÒÌD (or Òàõsis) is defined. In other words, the current owner of property cannot lose it in favour of the Greek-Cypriote who owned it till 1974, only if since 1974 this object has been considerably improved. As considerable improvement among other things also is understood also as habitation building buying the house or apartment on the earth with such Title, constructed after 1974 – you also absolutely risk nothing also legitimacy of the transaction is protected by the United Nations resolution the same as and at object with Title Eshdeger. Distinction in these two Titles ÒRNC hence concerns only that case if you wish to buy an empty site of the earth, without any construction. And even in this case
the new law on indemnifications, accepted on request of the European Court under Human rights, does this transaction of 100 % legitimate and without risk.
First of all it is necessary to notice, that if there will be a necessity for any indemnifications they will be simply scanty. They will be estimated, being based on earth cost / the real estate under the prices of 1974, indexation in the gain account. That is if certain indemnification after the decision of the Cyprian question it most likely will approximately make from 8 % to 15 % from cost of a typical country house or apartment is made. It is less even, than the revenue of delivery of this habitation in rent.
Each Greek-Cypriote who has left the earth / the real estate in the north, can is now quiet address in Court TRNC for this or that indemnification, an exchange or earth return / the real estate.
Any indemnification (if that is required) is paid from the Fund given by Turkey, created on the instructions of the European Court under Human rights and intended specially for these purposes, and lawyers-experts assert, that any current owner of the property on Northern Cyprus (whether it be citizen ÒRNC or the foreigner) will not pay any indemnification. Abundantly clear, that the quantity of objects in the property of the foreigners bought under the price more low, than primary cost of the real estate / the earths in 1974, will be insignificant is small.
The new Law has been accepted on the instructions of European Court under Human rights, after recent decision to focus attention on that fact, that former Commission TRNC on Indemnifications in the Real estate properly did not provide compensation possibility.
Any transaction with the earth / the real estate, concluded by someone, the foreigner or citizen ÒRNC, after 1974, is 100 % legitimate and without risk, and any necessary indemnification will be paid from the Fund created at Government TRNC, and necessity for this indemnification can arise only after any decision of the Cyprian question.
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