North Cyprus Title Deeds & Property Law

Turkish Republic of North Cyprus is the only location in the whole of the Mediterranean region in which you can buy a villa with a swimming pool for less than £100,000. This is why there are many people from all over Europe who choose to make this inland their place of settlement. There are various options in the property sector you can either buy property and have your dream house built according to your own taste or you can buy something that is readily built. You can also buy an old property and have it renovated just the way you want it.  The status of Cyprus property is  of permanent concern for foreigners who intend to invest.There are many different kinds of North Cyprus Title deeds and these should be taken into consideration before investing. It is important to know what you are buying. However what ever your choice is it is still important to be aware of the fact that it is 100% safe to buy property in this inland...It is essential to appoint a well respected estate agent to help you on your journey of investment and Sunbeams Estates offers you the best and most guaranteed possible service. Lets have a look at the title deeds that you may come across:

Foreign ownership pre-1974: - This is related to the property with a title deed that was owned before 1974 by a non-Cypriot. This kind of property is rare and short in supply but is also the quickest option of purchasing as there is no requirement from the Council of Ministers.

Turkish Cypriot owned pre-1974: - Buying a property that belongs to this category needs the approval of the Council of Ministers before it can be registered in your name and these kinds of properties are rare and expensive. The law limits foreign buyers to only  purchase one donum of land per person or per couple. This approval can take  6 months to several years. However, you will be able to take legal occupancy of the property during this period of time.

TRNC Absolute Possession Document - Or Kesin tasarruf :-This type of title deed is the land or property that was originally owned by a Greek Cypriot before 1974. It consists of many sub categories -

1. Exchange Deeds - Or Esdeger:- These North Cyprus Title Deeds were given by the TRNC Government to the Turkish Cypriot refugees who moved to the north after the 1974 war. They left all their possessions behind in the south and were compensated with property in the North. This was in compensation for their lost properties that they had left in the south. The owner of such a title deed can sell this property. Many Turkish Cypriots gave up their land in the South of the island in ‘exchange' for land in the North.

2. Exchange Title Deeds – with no previously registered Greek owner:- Some land registered prior to 1974 tended to be used by communities for agricultural and farming purposes rather than claimed by one person or his family. These properties have been awarded the exchange North Cyprus Title Deeds status.

3. TMD or Points Based Allocated Land:- This type of land is mainly the agricultural land which the TRNC government has allocated to Turkish Cypriots or mainland Turkish immigrants.

Things on the legal landscape in TRNC have changed since 2005. Greek Cypriots attempted to use international law for reclaiming property that they lost in the 1974 war. However this has also opened the door to allow Turkish Cypriots to do the same to the property they lost in the South. In 1989 Ms. Titina Loizidou visited North Cyprus attempting to reclaim her “once” property which was left in Kyrenia. She was arrested by the Turkish army and then handed over to the United Nations. She took her claim directly to the European Court of Human Rights and was awarded 1.2 million Euros in the year 1996. Her property was not returned to her and the owners of her property were not asked to leave. 1,500 similar cases were brought to court but all are still pending. North Cyprus and Turkey established “The Immovable Property Commission” in  Cyprus to listen to claims in the TRNC rather than in Europe. However the European Court of Human Rights did not accept the functioning of such a commission because a number of members of this body were residing in houses that once belonged to Greek Cypriots.. So an amendment was made to the North Cyprus property law dealing. Now esdeger or ‘exchange’ property is protected from reinstitution – meaning that it cannot be ‘given back’.

This amendment was approved by the UN, the European Court of Human Rights, Turkey and the TRNC. 1,500 pending claims at the European Court of Human Rights were transferred to The Immovable Property Commission and the case that was previously ruled upon by the European Court of Human Rights regarding Ms. Loizidou is now going to be re assessed and the compensation that she received from Turkey may have to be returned. Greek Cypriots can no longer file a case regarding any kinds of property loss compensation to the European Court of Human Rights. In short this means that it is now safer than ever to buy  property in Turkish Republic of North Cyprus.

It is generally considered safe to purchase any property or land, which has any of the above title deeds. However, as with all  property purchases, whether for enjoyment or investment, you should always employ an independent solicitor to check that the deeds are indeed legal and above board.

If you have any further question related to title deeds. Or if you want to know whether your land has the correct title deed and that your property is save from all frauds we can help you with our solicitor to guide you before you start developing your house. You can email us at info@sunbeamsestate.com