Reinstatement of property
Yesterday, we referred to the right of return of former residents of the four Karpasia villages (Yialoussa, Melanagra, Ayia Triada and Rizokarpaso), as well as former residents aged over 65 of all the areas that will come under the authority of the Turkish Cypriot state. There is a second question that is often raised by members of the public:
· will the properties that will be restored in Karpasia be included within the agreed levels for the reinstatement of property (there can be no restitution of property beyond 20 per cent of any specific municipality or village or 10 per cent of the total land and number of residences of either constituent state)?
The main point as far these four villages are concerned, as well as the villages that were primarily inhabited by Maronites before 1974 is that properties in these villages will not be included in the agreed levels of reinstatement at village and municipal level. Assuming that an affected property in one of these villages is judged eligible for reinstatement, then that property will be reinstated, irrespective of whether the levels of reinstatement in that village have reached 20 per cent of the territory or the number of residencies. There will therefore be no upper limit on the land or residences to be restored in these villages.
Of course, the agreed limitations in settlement do not refer only to the 20 per cent limit on restoration of residences and land in a village or municipality, there is also a 10 per cent limit on the reinstatement of residences and land to persons hailing from the other constituent state.
The land and the residences that will be restored in the four Karpasia villages as well as the villages that were mainly Maronite before 1974 will be included in the agreed 10 per cent ceiling for the whole of the Turkish Cypriot state.
It is important to note that the limitations per municipality or village will apply in accordance with municipal and village boundaries as at 1960.
The only exemptions from the limits in agreed levels of reinstatement (whether regarding a specific municipality or village or the overall territory of the constituent state) will be those cases where the owner of a property that has been judged eligible for reinstatement decides to lease it. The leasing agreement will have to be for 20 years or more. Such a property will not be considered as having been reinstated and will return to its owner on expiry of the leasing agreement.
Since the pre-1974 Maronite majority villages are included among the areas that will come under the Greek Cypriot state, why is the reinstatement of property in those areas regulated in the Annan plan as if they were to remain under Turkish Cypriot rule?
Until 1974, the Maronites resided mainly in four villages: Ayia Marina, Asomatos, Karpasa and Kormakitis. All four of these villages are among the areas earmarked for territorial adjustment and will come under Greek Cypriot rule. As regards Kormakitis, the residential areas of the village will come under Greek Cypriot authority, but a substantial part of areas within the village boundaries will remain under Turkish Cypriot administration. As we have said, there will be no limit on the restitution of property in the Maronite-majority villages. The areas of Kormakitis that come under Turkish Cypriot rule will therefore fall in exactly the same category as the Karpasia villages: properties will be eligible for restitution irrespective of the 20 per cent limit in force in other areas. They will, however, be included in the 10 per cent of total reinstatement of properties in the Turkish Cypriot state.
Until 1974, I was living in Karpasia, in Yialousa village, where I have a house and property. Under the Annan plan, will I have the right to buy additional land in the village?
It is important to make a distinction between the restrictions that will be in force regarding reinstatement and the purchase of further property. The limits on reinstatement refer only to properties affected by the events of 1963 and 1974. These restrictions will not apply to the purchase of land by persons from the other constituent state. However, there is an article in the Protocol requested to be attached to the Treaty of Accession of Cyprus to the European Union to which we have referred in the past. This article, which relates to residency and property rights, states that the provisions of the treaty shall not preclude the application of restrictions, on a non-discriminatory basis, on the right of natural persons who have not been resident for at least three years in the Turkish Cypriot State, and for legal persons, to purchase real property in the Turkish Cypriot State without permission of the competent authorities of the Turkish Cypriot State.
It will therefore be possible to impose restrictions on natural persons regarding the purchase of property, who have not been permanent residents of the Turkish Cypriot state for at least three years.
It is important to clarify that affected property that will be put up for sale by an owner who decides to exercise his ownership right through sale, will only be allowed to be offered to a buyer from the constituent state where the property is located.
Furthermore, priority will be given on land given up for sale by the Property Board at current values to the current user of the property and to persons from the constituent state where the property is located. If no buyer is found, the Property Board will be able to dispose of the property, in a prudent manner, at market value. Such a property will not be considered as an affected property since its owner will already have been compensated when handing over the title for the property.
