INVESTMENT IS SAFE IN NORTHERN CYPRUS
Individuals who understand the history and position of North Cyprus, and wish
to benefit from the opportunities available on the island and the property
market boom, often come unstuck when they find their dream Mediterranean
property in North Cyprus and then come up against the variety of title deeds
available for the first time!
While the variety of titles deeds available in North Cyprus can be frustrating,
don’t let it put you off realising your desire!
Title Deeds in North Cyprus
It’s true, the number of different types of title deeds available in North
Cyprus can be confusing - to say the least!
But really, once explained you will see how simple the whole process is and how
it has come about.
So, what’s the difference between a TRNC title deed and a Turkish Cypriot owned
pre-1974 title deed - is it safe to buy a property with a contractual deed? And
should I consider a government lease?
Well, if you don’t know, don’t buy until you do!
When buying property, particularly when buying property abroad, remember the
motto - Buyer Beware!
Make sure you know what you are buying, that you have the legal right to buy and
that your legal interests are properly represented.
It is 100% safe to buy property in North Cyprus...if you have the right title
deed. You must know what you’re doing though!
It is highly, deeply, totally advisable to appoint a well respected, fully
qualified lawyer to look out for your best interests when buying property in
North Cyprus. And there are plenty of lawyers available! In fact, the British
High Commission in Nicosia have a list of them - and they even have a website.
Go on, be honest - would you ever consider buying a house in your home country
without getting a solicitor to check things out like whether the property you’re
buying has mortgages or debts outstanding against it, or to check whether
there’s a proposed 6 lane motorway due to be built right next door? No - of
course you wouldn’t. So DON’T even think about buying a property in North Cyprus
- or anywhere else for that matter - without the assistance of a lawyer.
Okay, now I’ve finished nagging you let’s get down to the facts pertaining to
title deeds in North Cyprus!
The facts are there are a lot of different sorts! Here they are briefly
explained: -
Foreign ownership pre-1974: -
This would relate to property with a title deed (kocan) that has been owned
since before 1974 by a non-Cypriot.
Property in this category is rare but can provide the quickest route to purchase
as there is no requirement for the approval of the Council of Ministers.
Turkish Cypriot owned pre-1974: -
Property in this category can be registered in your name after approval has been
sought by the Council of Ministers.
Foreign buyers are limited to the purchase of one donum of land per person - a
married couple count as one person unless they have different surnames.
The whole procedure for obtaining this approval can take up to 6 months.
This does not mean you cannot take possession of your property during this
period, it just means lots of paperwork for your appointed lawyer!
TRNC Absolute Possession Document: -
Or Kesin tasarruf.
You will find this type of title deed with land or property originally owned by
a Greek Cypriot before 1974.
The title deeds in this case were given by the TRNC Government to the Turkish
Cypriot refugees who escaped to the safety of the north after the 1974 war and
who left all their possessions behind in the south.
The Government assessed the value of the refugee’s forsaken assets in the south
on a points basis. With the points granted the refugees could take a
relinquished Greek Cypriot house or land valued at the sum of the points awarded
- this was in compensation for the lost properties on the south.
The Turkish Cypriot then signed over his property in the south to the TRNC
government to be held by them pending a negotiated resolution and settlement
between the north and south Governments.
The owner of such a title deed is allowed to sell the property it relates to.
You will find that many Turkish Cypriots you speak to gave up considerable
amounts of land in the South of the island in ‘exchange’ for land in the North
following the troubles pre-1974 and the 1974 dispute.
It is universally accepted that a settlement of the Cyprus dispute between the
North and South of the island will not result in the owner of such a title deed
having it revoked, as this would mean they would then be entitled to the return
of their land in the South...and as you can imagine this is a non-workable
situation which would create further hostility, displacement, uncertainty and
possibly ultimately further disputes.
It is considered safe to purchase properties with this title deed unless the
TRNC title deed was issued to a military serviceman for their service on the
island. It is believed these carry a risk of repossession as they were not
issued on a basis point system but as a reward for military services in the war
against the Greeks. Also, some rural areas of TRNC are still under consideration
for being handed over to the Greek Cypriots in the event of a resolution of the
on-going dispute.
Constructors are not currently building properties in these areas, they are
mainly agricultural areas. However, if you are in doubt instruct your lawyer in
TRNC to examine the history of the title deed and the area where the property
you are interested in is located and to advise you further.
Greek Cypriot pre-1974: -
This type of title deed is assigned to land or property where there are
currently no title deeds!
Yes, really!
Occasionally property comes on the market at a fairly low cost with this title
deed - such properties are not considered safe to buy.
Again, if you are unsure and are drawn to land or property with such a title,
please speak to a lawyer for further advice.
Contractual or “cases pending” land or property: -
These are properties where title deeds were never issued simply because of
delays at the time of the division of the island in 1974.
At the time the situation was chaotic and so a statement was issued by the
Turkish Cypriot Government stating that all foreign land and property ownership,
once registered, would be absolutely respected.
This is the case, and the first cases have already been through court. If the
owner can prove the original payment for the property was made then the deeds
are issued and this means they are safe to purchase.
Purchase before the formal legal issue of the deeds is advised against - just in
case - and again, if in doubt seek legal advice.
Lease from Government: -
In TRNC sometimes Government land and property comes available for lease.
Usually the properties are derelict and the Government will lease them out for
periods of up to 49 years for a minimal ground rent for the lease period.
They are leased to foreigners who are prepared to renovate them at their own
expense.
Remember that your dream home could be at risk if you go ahead and complete a
purchase without obtaining satisfactory confirmation of the title deeds and
right to sell by a solicitor