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Property ownership in peril?

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More uncertainty over Northern Cyprus - 19 June 2007

Following an historic court ruling in September last year, David and Linda Orams could be forgiven for thinking that their nightmare in trying to prove they rightfully owned their ‘dream’ villa in the Northern part of Cyprus was over. Now, it seems they will have to go through yet more court proceedings after their legal opponent was given leave to have this test case referred to the European Court of Justice.

Mr Justice Jack ruled that a judgement passed in Nicosia, which threatened both the Cyprus villa and the couple’s home in England, was unenforceable in English law. Now, Meletis Apostolides, the Greek Cypriot whose family owned the land upon which the Orams’ villa is built before the 1974 invasion by Turkey, is taking his appeal to a higher authority to test its legality.

Mr Apostolides argued successfully that no English court could resolve the case with certainty and that could only be done in Luxembourg, according to reports in the Brighton Argus.

The case is seen as vitally important to the future of the overseas property market in the northern part of the island, with thousands of Britons who have already bought in the occupied areas watching with interest, and no doubt more than a little worry.

Cherie Booth QC, acting for the Orams, said in previous court hearings, "This case raises a matter of fundamental importance not just for Mr and Mrs Orams, but for the people who live in 'Turkish Republic of Northern Cyprus' (TRNC) and indeed for the whole island of Cyprus in relation to property dealings."

 

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