One of the most pressing problems in Cyprus is the Property Issue. The Cyprus conflict ran between December 1963 and August 1974. The conflict and the subsequent Population Exchange, agreed in 1975 by the leaders of both sides, left one third of Greek Cypriots and half of all Turkish Cypriots homeless.

As a matter of necessity, homes and land left by refugees were taken over by each territory's Government - the Turkish Cypriots in the North, the Greek Cypriots in South Cyprus. While a few remain vacant, most have been used to either re-house refugees or to build vital community and infrastructure projects, from schools to roads and airports. Turkish Cypriots have viewed this exchange as permanent, as much of the land now in North Cyprus would remain under Turkish control in a bi-communal, bi-zonal federal solution. In the South, the authorities viewed this as a temporary arrangement.

Although the conflict ended more than thirty years ago, there is still no comprehensive political settlement. Refugees on both sides however want closure and legal certainty about their property rights, so they can utilise their current and/or former properties and dispose of them (sell, pass on to family, etc) as they choose. A number of test cases have been heard in courts in Cyprus, Britain and at the European Court of Human Rights (ECHR). These include Hesperides Hotels vs Turkish Aegean Holidays, Loizidou vs Turkey, Xenides-Arestis vs Turkey, and Apostolides vs Orams - the judgments from these important property cases are listed under Property Issue in Key Documents of the Resources section of this website.

These court cases have resulted in important legal precedents being set in relation to the property conundrum in Cyprus, most notably the ECHR's Demopoulos Ruling of 4 March 2010. This stated that the North's Immovable Property Commission (IPC) was a valid legal remedy for Greek Cypriot refugees. It also said they do not have an automatic right of return, as current occupiers of the property also have rights. While this ruling gives clarity in how to resolve property matters in the North, much confusion continues over property rights in South Cyprus.

The Greek Cypriot authorities have yet to create their own IPC or to administer the legal principles set down by the ECHR for all Cypriot refugees. In fact many people - both Greek and Turkish Cypriot - complain their rights to a fair legal remedy are being obstructed in the South, resulting in a new batch of test cases before the ECHR.

A case involving Turkish Cypriot Nezire Sofi against the Republic of Cyprus was settled out of court in 2010 with the Greek Cypriot authorities paying her €500,000 in compensation and signing a declaration they will adjust their Guardian Law so it is in line with European laws. This has still not happened and Greek Cypriot Michael Tymvios is now going back to the ECHR to force the Greek Cypriot government to uphold a court ruling relating to the exchange of his land. In 2008, the ECHR upheld the land swap deal struck between Mr Tmyvios and the current Turkish Cypriot occupiers of his land in North Cyprus as valid. The Turkish Cypriots have land in Larnaca which has had two schools, residences and businesses built on it. The deal is worth €25 million, but South Cyprus refuses to recognise it.

Along with historical property issues, a huge number of problems have arisen from new properties constructed on both sides of the border. Thousands of people who have followed the relevant property laws in their respective Cypriot territories have been left with a multitude of problems, such as a failure to obtain their title deeds, poorly constructed and/or uninhabitable buildings, mis-selling or double-selling of properties, or finding their properties have been used as collateral for loans and mortgages by builders that have not been paid back, leaving their assets vulnerable to claims by the banks.

Innocent property buyers have provided extensive evidence about their plight and violation of their rights to politicians and courts in Cyprus, but neither the Greek nor Turkish Cypriot authorities seem willing to address the at best negligent, and at worst, corrupt practices among Cypriot builders, lawyers and banks. Nor do they seem interested in apprehending those who have committed these frauds.

Embargoed! wants to see a fair solution to all property problems in Cyprus, both historical and current. While it is not our core focus, we will continue to lend support to the campaigns for property justice on both sides of the Green Line, irrespective of the ethnicity or nationality of those affected, to ensure the rights of all parties are respected and the laws are applied consistently. Where possible, we will lobby Cypriot authorities to act against those guilty of criminal actions and if required, to reform their domestic laws to prevent such incidents arising again.