There are several lawyers that would take this …

Monday, February 22, 2010
By Malcolm Channing

Comment posted Tit for tat, how to use “exchange” land to your advantage by mastakounas evaggelos.

there are several lawyers that would take this up, it would probably wise to have a chat with a lawyer (even a tc one) and ask their opinion whether what they are looking to do will be effective…

Im a bit lost on how they will get the RoC to recognise the purchase of this “exchanged land”. The RoC will ( in my view) be unable to accept and kind of legal document (deed or contractual agreement) if the juristiction is the “trnc” (a non-entity). Perhaps if the “sale” agreement is under English law…even turkish law…

In all likelyhood the court will refuse to deal with this and send the case to some government body where it will place some form of “informal” injusction. Ofcourse if the TC coutersues he/she will probably win the case..

it’s all very complicated…

mastakounas evaggelos also commented

  • to be clear:

    legally speaking, the ex-pat issue has nothing to do with the tc ownership in the south.

    The fact that you seek to receive compensation for you costs relating to fallout of the orams case relates to the above issue only to the extend that the TC has owneship somewhere in the EU ( that is if you bring a case against the TC)

    The rational that you can get the TC land in the south(via relinguishing the land in the north) as compensation is rubbish .

    You might,however, get your money back if (via court order) the any EU territory TCs property is sold (in auction for example) and you receive money as result of that sale. For argument sake, the same TC may turn around and pay your costs in cash. THIS NEEDS TO BE CLEAR so as we do not have a kindergarden conversation.

    You do not, in any way shape or form, have rights over the TC land in the south (or anywhere in the north even under “trnc” laws).
    You are entititled to monetary compensation because you were defrauded by either a TC (RoC citizen) or Turkey.

    We can talk about moral justice until the cows come home (its been 35 years for some).

    VH, I forsee, over the next 1-2 years the “borders” closing because of this TC land in the south issue. The GC will be unable to stop the TC from claiming land in the south so they need to make a political move to stop this from happening. The TC land is monetarily insignificant to the RoC but politically, the goverment that allows this to happen will suffer a political blow.

    BTW I still think you are way off regarding moral justice, you are ignoring the fact that the GC do not have the choice to claim and use their land in the north (how can you have missed that?!). And that, clearly, Turkey feels that the land in the north does not belong to the GC anymore (contrary to the position of the RoC regarding TC land in the south).

    You will not earn my respect (if you care) unless we can have an HONEST conversation about things. Otherwise this would be a waste of time and lots and lots of wishful thinking…

  • so there are 6 options on the table (and some combinations) of:

    a. action against the RoC in an RoC court – no case/no chance
    b. Action VS TC in RoC – for fraud in receiving moneys for land that was not his/hers
    c. Action vs Turkey in RoC – no juristiction
    d. action against the RoC in Eu Court – No case
    e. Action VS TC in EU – no case/no HR violation
    f. Action vs Turkey in EU – based on A VS O, fraud/misrepresentation – your best chance

    You could ofcourse go to a “trnc” court but it would not solve the problem of double selling, and at the end of the day why do you care ? If you are already residing on “stolen” property what is the difference who originally owns it? The issue here is to resolve the O VS A, irrespective of the original owner.

    VH, if you feel the 6 month rule is unreasonable(unfair) protection for the RoC to take then you are truly deluded regarding the Cyprus issue as a whole. Ofcourse, like you said the 6 month rule cannot stand in an RoC court. There can be no derogaation to the HR of ownership. The RoC gov. will try to place all sorts of obstacles for the implementation of this, and in my view, rightly so. The TC will remain the owners of the land but will be denied usage one way or another.

    I cannot take you seriously if you are of the opinion that the TC should have their own land in the south and the GC land in the north. it makes no sense.

    I will say this again for the ex-pats here, your only real chance of doing something about your case, once action has been brough against you in the RoC (and you are forced to vacate), is to piggy-back on the O vs A case and sue Turkey in an EU court for fraudulant sale of property. This, in order to recover losses.

  • dear all,

    my view is that the only chance you have in recovering any costs/losses is to sue Turkey for it.

    This follows along the lines of the A vs O case and interestingly enough. I think you might have a case against turkey for misrepresentation, if you can prove you were deceived (can you?)!

    ofcourse this means that you will be persona non-grada on both sides of the “border”. and that, in all likelyhood, you will be deported by the wonderful “TRNC” ( oh, yes they will).

    The RoC places reasonable barriers for any TC to claim their land back (I think 6 months of residency is in fact VERY soft). it prevents clowns from trying to take advantage and make a quick return. Ofcourse any TC that dares to sue the RoC will crash the 6 months rule.

    sorry to tell you. you are screeeeeewd . enjoy it while you can

Recent comments by mastakounas evaggelos

  • Turkish and Greek Cypriots stand against a common enemy
    winding down is one thing, giving them up is another.

    there’s (yet another) law suit pending against the UK government by a (GC) third party group for non-payment of the fees owed to the RoC.

    The RoC has not dared to ask for the moneys owed (god help should we upset the brits). The politicians seem to agree there is “no need” for this now. They are still hoping for UK support in the cyprus issue (if anyone can believe this will ever happen). I just think they are worried for the UK biz in the RoC being damaged.

    In any case, this third party is getting ready to submit this suit again her majestys’ gov and the main argument is that they are RoC tax payers who have been wronged under the (monkey) constitution of 1960. The Brits stopped paying in 1963 saying that the moneys needs to be divided between tc &gc. Talk about the UK being guarantor of the RoC!

    The RoC and the brit gov are both being sued for this, the amount is unknown. Some estimate between few hunder thou others up 1 Billion.

    The political point here is to show the UKs role in the divisision status of the island. And of course ANYTHING to get up to a brit nostrol cant be bad….

  • Property – a problem shared is a problem quadrupuled
    VW said:

    “ME, do you not feel sad that GC refugees who have made their homes on TC property are now legally classed as trespassers and are now in the same situation as the TC you mentioned in your comment? It must be gut wrenching for them, as Pauline pointed out in her article.

    well I certainly dont know how they feel about this but GENERALLY speaking the properties that GC got were not exactly ideal.

    Generally, TCs were on the poor side of life. Most of the people who got were would rather be placed in refugee type homes rather than these. This gives you a pretty good idea.

    There are in fact only a few hundred GC who were given these. I would imagine the only ppl who would like to keep the properties (not the buildings) are the ppl in mesa yitonia in limassol. These now should have a high value. Everyone else would be happy to get an RoC piece of land with similar value somewhere else.

    In any case the RoC will compensate these “double” refugees enough to keep them quiet (here I go paying for other people once again)

    As far as the TCs are concerned I doubt they will be moving anywhere anytime soon. It may mean they are unable to come to the RoC, something that would not make the RoC government happy. The RoC was and still is promoting communal intergration (especially AKEL).

  • Come to north Cyprus via Larnaca or Ercan?
    RG,

    you have the feeling that the RoC is unfair ? The RoC has already stated they are returning the TC properties (and it’s not like they ever took them). Whats so unfair about that ? in any case it seems the RoC has no choice BUT to vacate these properties to their original owners. What larnaca airport? wtf are you talking about? There was more GC land apropriated than tc land to build it. and in any case they paid the tc off.

    Your argument is as empty as your morals

    let me repeat my previous post for all those of you who clicked on dislike. Pls feel free to do so again:

    Regarding orams/writs/arrest warrants, RoC police has no choice other than to enforce court orders.

    If a court judment has been made against anyone (orams or not orams related), the police executes writs/warrants on entry (or exit) at the airport.

    It is NOT in the discression of the of the RoC DEA to execute these. The RoC goverment does not have juristiction over the execution of these. Our legal system works

    So let there be no doubt, if you use RoC entry points, the law will be enforced.

    So please, save the convesation comparing cypriot “airports” (ercan is illegal) and start thinking what moving company you are going to be using.

    I think the way they deliver writs now is inside your passport, when it is returned back from the immigration officer ;)

    Ofcourse, better to get a writ than a court judgement delivery.

    Enjoy your trip and safe travels.

  • Come to north Cyprus via Larnaca or Ercan?
    vw said :You talk the talk, but you don’t walk the walk.”

    regarding orams/writs/arrest warrants, RoC police has no choice other than to enforce court orders.

    If a court judment has been made against anyone (orams or not orams related), the police executes writs/warrants on entry (or exit) at the airport.

    It is NOT in the discression of the of the RoC DEA to execute these. The RoC goverment does not have juristiction over the execution of these. Our legal system works

    So let there be no doubt, if you use RoC entry points, the law will be enforced.

  • PGA and Sky TV implicated in Cyprus Golf Scandal
    “This was clearly racial and religious discrimination on the part of Matchroom and the PGA ”

    Pfff what a clown! Cheap shots even for a golfer.

    Sure the PGA is up there with the KKK and white power movement…nice argument.

    Another TC nut who cannot comprehent the fact that he will be treaded as rubish until he gives up what he stole.

    Read my lips as soon as this clown negotiations are over, WE WILL SHUT YOU DOWN.

    Give it up. The party is over.

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