Tit for tat, how to use “exchange” land to your advantage

What I am suggesting in this article is that ex-pats in a similar situation to the Orams should not sit around waiting for Greek Cypriots to issue writs suing them for trespass but that instead they should take the initiative. Many of us have TRNC title deeds designated as “exchanged deeds” which implies that somewhere in the south there is property left behind by the Turkish Cypriot vendor.  I believe it is now time for ex-pats to do their homework.

If your vendor is an honest person they will have no problem in giving you all the details you need, including the name on the deed so that with their help you, the victim, can take action legally to have an injunction placed on that land.  If you get no co-operation, then you can be sure that the vendor intends to try to ‘shaft’ you.  Your task then becomes more difficult – but not impossible.

The reason I tell you to find out the name on the deed is that following the conflict the new Government forced Turkish Cypriot refugees to take new surnames.  Previously it had been customary amongst Turkish Cypriots to take their father’s first name as a family name.  During the conflict this made it difficult for the Government to group people into families, as families had different surnames.  Certain names were therefore designated as ‘first names’ and were not permitted to be used as surnames.  As the deeds on land owned by Turkish Cypriots were issued prior to the conflict, they will be in their old names.  The problem is self explanatory, Koçans  to land given in the north on the points system, will most probably be in their new names, and property already owned by the vendor in the south will be in their old names.

Having obtained this information – what can you do with it?  My suggestion is that you talk to a lawyer/advocate/solicitor in the south with a view to placing an injunction on the property there so that you have registered your interest in it. There may even be a possibility of a class action where several ex-pats share costs in order to establish that they are the new “owners” of these exchange properties and that should their property in the north become a target then the property in the south becomes their asset.  As with Mr. A. it will only take one successful case to create a precedent.  You will obviously only be able to do this with the help of the legal owner and the co-operation of the TRNC government who are allegedly holding the original deeds, but surely they would not object?   As an EU citizen you are as entitled to justice as anyone else.

An unfortunate side effect if this action becomes successful is that whoever is currently using the TC’s property in the south would potentially have to vacate the property, but only if a GC targets the ex-pat’s property in the north. Wouldn’t you feel better doing something, rather than waiting for the axe to fall?   Knowledge is power.

For example, did you know that for 25 TL you can obtain details of your Building Company, their Directors and shareholders; interesting reading?  A friend of mine found that one company he did a search on had advocates as shareholders.   I, for instance found out that there is a Mr. Kulaksiz who as of 05/11/2009 had a shareholding in the company valued at 1,000,000 TL.

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