Orams Case
The dispute over title deed to land on which a British couple
(Mr. and Mrs. Oram) had purchased a villa in 2003 has been
resolved in their favour by a British judge. This has had an
immediate beneficial effect on property values in the north of
the island.
The background to the dispute is that in 1974 the land was
owned by a Greek Cypriot; following the conflict between
Greek and Turkish Cypriots, the owner moved to the south of
the island. Following the partition of the island, the
administration in the north and south of the island each
adopted positions regarding ownership and future use of land abandoned by people who had moved either north or south of
the divide. These positions did not coincide and the problem
remains unresolved largely, it has to be said, because of the
intransigence of the Greek administration in the South.
The Orams have title deeds to their property authorised by
the government of Northern Cyprus. However, in 2004, the
family of the previous (Greek Cypriot) owner sought, via a
court in southern Cyprus, to have his ownership of the land reaffirmed. Having obtained judgement in his favour in that
court, he demanded that the land should be returned to his
ownership, the villa demolished and compensation paid.
Unable to enforce these demands in Cyprus, following the
accession of the Greek Republic of Cyprus to the EU in 2004
he invoked EU legislation which stated that judgement
obtained in any one EU member state could be enforced in any
other.
The case was entered and heard in the High Court in London
where, for several reasons, the court held in favour of the
defendants. The Orams’ defense team was led by Cherie Blair,
wife of the British Prime Minister. Although Mrs. Blair is a
practising lawyer and one of the leading experts on Human
Rights, with her own legal chambers in London, the
government in South Cyprus chose to regard her participation
as “politically motivated.”
Following the judgement, lawyers fot the plaintiff
announced their intention to appeal, and if still not
successful, to take the case to the European Court of Human
Rights (However, there is no more chance for Greek
Cypriots to apply to ECHR with such cases any more.
Please, refer to the article above).
Estate agents and developers reported an immediate
upsurge in interest in buying property in the north of the
island.
Many prospective buyers had been awaiting the
outcome of the hearing before committing themselves to
purchase. Many of them moved immediately following the
judgement, in anticipation that prices will inevitable rise now
that any uncertainty about title is resolved.
On more than one occasion we have drawn customers’
attention to the disparity between property prices in the south
and north of the island. Prices are much cheaper in the north,
and the facilities and benefits no less. There has never been a
better time to buy. Furthermore, there remains considerable
scope for further capital appreciation in the future, as and
when the two halves of the island reach an accommodation,
as they surely must. |
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Oram's layers |
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