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News & Articles

Bad news for British expats
in the north
By Simon Bahceli
(Cyprus Mail)
WHEN A well-known
British fugitive says he will hold a seminar in one of Kyrenia’s most
prestigious hotels in order to help throw light on the ramifications
for British ‘owners’ of Greek Cypriots properties in the north in the
light of court proceedings brought by a Greek Cypriot against one of
their compatriots, one naturally expects a great deal of public and
media interest.
That is what Gary Robb, on the run from British justice since he
jumped bail pending drugs charges in the UK several years back, must
have been thinking when he organised the seminar as a means of
promoting his project to build “the biggest housing development ever
undertaken in the TRNC”.
His brochure boasts that he will “create a new village within the
Amaranta valley in Arapkoy [Klepini]. A village with shops, a post
office, restaurants, and most importantly, a pub”.
But whether the seminar sent out the message Robb wanted his potential
buyers to hear seemed doubtful.
Of the several hundred mostly-British attendees at Friday night’s
seminar in Kyrenia’s plush Colony Hotel, very few will have been
reassured by what Turkish Cypriot lawyer Mert Guclu told them – the
bottom line being that while foreigners living in homes or on lands
abandoned by Greek Cypriots in the wake of the 1974 Turkish invasion
may eventually win the right to remain in the properties, it will not
be without recourse to lengthy and expensive legal proceedings.
The atmosphere at the seminar was one of apprehension with the Kyrenia
Brits keenly aware of the looming legal and political problems souring
their plans for idyllic retirement. What few of them are aware of is
what exactly will happen to them and their properties.
“It’s very hard to get independent legal advice,” someone behind me
muttered.
And this is perhaps the crux of the matter – that these people have
been given so many pieces of conflicting information about where they
stand legally, no one knows who to believe anymore.
After being introduced by one of Amaranta Estate’s main movers, a
young Turkish Cypriot barrister in law, Mert Guclu, began his
explanation of how Linda Orams, a British woman recently ordered by a
Greek Cypriot court to demolish the home she built on Meletis
Apostolides’ land in Lapithos and pay compensation and rent, could win
the right to keep the property.
Such a case is unprecedented in Cyprus in that the plaintiff will
seek, through courts in the UK, to seize Oram’s assets in England if
she refuses to carry out the court’s order in Cyprus.
Mert told those gathered, “in layman’s terms”, that he believed there
were a number of cards in Oram’s hand that would eventually lead to
her keeping the Lapithos property. In short, these were the belief
that Britain would be loath to prosecute a British citizen on behalf
of the Cypriot government, that British public policy would supercede
the EU law that allowed the transfer of cases from one member state to
another, and that Orams could insist she lived more than nine months
per year in Cyprus, meaning she would not be eligible for trial in the
UK.
“Go and tell everyone you are intending to live in Cyprus for the rest
of your lives,” Mert told his audience, who looked even more aghast
when he said, “Prepare to be buried here!”
Guclu believes also that the UK, being sympathetic to the Turkish
Cypriot cause, would refuse to enforce Cypriot law and would insist
that such things be left until after a settlement of the Cyprus
problem.
He also argued that the summons issued by a Cypriot court could not be
delivered “officially” in the north, and therefore could be ignored.
Ultimately, however, Guclu believed the argument that Brits had come
to live on the island “in good faith, and not to exclude the rights of
Greek Cypriot owners” was enough to convince political leaders and the
courts that they had done nothing wrong.
At times, however, the seminar threatened to dissolve into a shouting
match, as increasingly angry punters sought answers to their queries.
Donald Crawford, a British lawyer living in the north, stood up to add
support to Guclu’s arguments. But he was clearly in a different camp
from Guclu, who made it clear he was not interested in politics but
sought only legal ways out of the quagmire.
Interesting, Crawford was actively censored by the Amaranta man, but
not before he declared, “I’d like to see this case in the UK. I’d like
to see Constantinis Candounas [Apostolides’ Greek Cypriot lawyer]
facing a real judge and not a rubber stamp lampoon.”
Candounas, who was seated next to me, lost his grin for the first, and
perhaps only, time that evening.
Guclu then went on to explain the ramifications of the Annan plan for
foreign property owners in the north. After hearing that foreigners
could, in many cases, be forced to pay compensation to Greek Cypriot
owners, but that “it’s OK because you will then be able to sue the
Turkish Cypriot state for compensation”, one elderly woman was
prompted to say, “If I’m going to have to spend my retirement going to
court to prove my rights to my property, England is becoming a very
attractive proposition.”
That the Annan plan is still far from acceptance south of the Green
Line did not seem to make the spectre of its implementation any more
palatable to the British expats. Guclu, however, who was clearly a fan
of the plan, pleaded with them to join him in a letter writing
campaign in support of it. Perhaps he is not aware that the Brits of
north Cyprus are among the plan’s greatest enemies.
As the evening pressed on, the expat irritation intensified, and on
several occasions some expressed open hostility towards the young
lawyer delivering the bad news. They had, after all, come here to be
reassured that the ‘TRNC’ would defend them to the last. Many now
believed they had been duped by the north’s authorities, estate agents
and lawyers into buying properties they looked set to either lose or
spend the rest of their days fighting in the law courts for.
“From what you are saying tonight I’d be surprised if anyone bought a
chicken house in the TRNC,” an elderly British woman said to bitter
applause.
No one left the Colony Hotel in a good mood that night. The young
lawyer had been harassed, Robbs and his company had scored an own
goal, the Brits were more confused than ever. Only Candunas was
grinning from ear to ear.
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By Mary Antonescu -
mary@cyprus4properties.com
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