That said, the "only option" doesn't mean that you have to ignore parts of reality, yes? The situation you are in now is due, in part, to the fact that you don't legally own anything in Cyprus, if I understand you correctly, as well as the political "mess" in that region. So, like imathatis said, make sure you don't blame the environment for what your actions brought about. Out of need or not, and based on the limited knowledge you may have had at the time, you DO see that you are not in a place where you are welcome as a foreigner, yes? And why?
Thank you Chu for your understanding. I was not aware of any other options at the time. As a family we had travelled quite widely when I was younger. Thankfully due to my parents being teachers in Germany and caravanning to many different countries during their term holidays.
So mum and I were able to recognize that environmentally it was a nice place to live and politically they had just had the UN Annan Plan introduced which was looking very positve for the island at the time.
One HUGE consideration to bear in mind is that in 2004 I was NOT aware of objective realities. It was only through my search for truth and needing to find out more information about my son, how he was, where he was, and if he was happy etc, that I eventually found the FOTCM in 2010!!
So I did not have the benefit of Laura's books and forum knowledge at the time.
It also took time to read through all the threads, recommended reading lists and accumulate the knowledge and facts, which may have changed my decision to move, or not. As I knew I had to get out of London asap. I was only there for the income as regionally earnings were not enough for me to survive. Plus I visite my parents every fortnight just to get back into the countryside, destress and get cleaner air! Those breaks kept me sane from living in London.
'Not owning anything legally in Cyprus'
All plots of land and the house, belonging to my mum and me, are all legally binded in the required immovable property trust that has to be formed for all foreigners owning more than one donum of land.
This is all above board, all permissions to purchase sought for and agreed/permitted by the Government, all taxes and legal requirement correctly completed.
My current solicitor has also confirmed that our solicitor (who died), had acted correctly and in accordance with all laws here.
So we DO own this land legally since initial purchase.
What has changed now, is the introduction of NEW laws and regulations (being oppesed in court by the Bar Association atm). These laws now state that EVERY foreigner, foreign investor, foreign developer, foreign company owner, or foreigners who own imovable property trusts,
utilizing more than one donum, are now NOT PERMITTED to buy or own more than one donum.
This is also retrospective, so all the above have now been given
maximum 2 years to liquidate their holdings/ownership or it will be deemed null and void.
This means that the Government is taking back all land and properties (only able to own one property now).
There will be no compensation. So the Governemnt is not even effecting a compulsory purchase!
So you can understand the enormous scale and effect this is having on a massive number of foreigners across the country.
This law came out of the blue. The only reason given that they wish to collect in all taxes that have been evaded (not by me). And only allow foreigners of countries that are FREINDS of North Cyprus to purchase land or property as before. Eg these rules do not pertain to them. Of course UK is not considered a friend of TRNC!
Meantime as foreigners are not allowed to buy ANY land now, I have lost the market to sell my land. Locals can just rent agricultural land.
Also the laws have caused a glut of sales on the market now and also a huge depression in the housing market. So locals are now scooping up poor foreigner's properties for less than one third of their true market value.
So my reality now is that my project land has become worthless to sell, with no compensation. The house only worth 1/3rd, not enough to even cover my moving costs!
The other property is the apartment, that is in my name as WAS legally purchased and accepted as legal until the new regulations above came about 21st May 2024. This is in a TurkishCypriot block of 7 apartments in Kyrenia. All title deeds are Turkish title deeds, meaning the land has always been under Turkish ownership.
Retrospective taxes have now been introduced for 12% on the CURRENT value of the property. (Previously 3%, but 0% if it is your first property). Regardless whether you can obtain the original title deeds or not ALL people are now charged this 12% tax EVERY 6 MONTHS until they (impossibly) obtain their title deed. (Courts cannot force title deed owners to hand over title deeds even though they have already received the sale purchase monies!)
For most people, including me, this means finding a minumum of 20K every 6 months in taxes, that were not 12% taxes at purchase date, but 3% or 0%. Most pensioners (and me) do not have this money!! Nor have they a hope in hell of getting their title deeds! Rock and hard place.
Failure to pay taxes by the
deadline of end of December (deadline keeps getting extended by 2 months atm), means that all permissions to purchase, all sales contracts (which is what I have, and was legal before),
WILL BECOME NULL AND VOID. Meaning you will no longer own your property, nor will you be compensated.
On top of this
ALL propety trusts that have not been liquidated within 2 years will incur a fine of 500 x the minimum wage.
This equates to a fine of 500,000 pounds sterling!
When there is nobody now permitted to buy your land in the first place! Except locals.
If you cannot believe that what I have written above is not true because it seems so outrageous, it IS. And totally against human rights and the Constitution. But I doubt it will be changed much, and courts take years here. Average time is 3 years!
So this explains EXACTLY why foreigners are not welcome here any longer. And that includes ME!
I did not cause my current situation to occur. It is an 'external' event, beyond my control.
The actual law and the full laws, I will share below:
Transitional Rules Regarding the Existing Contracts of Sale
These TRANSITIONAL RULES are related to sales transactions that were commenced before the date of the amendments coming into force.
- Everyone who had made the contract of sale before 21st of May 2024 must register their contract of sale with the District Lands Office and apply for permission to purchase within 6 months.
Those who fail to comply with the above section will be considered as having committed an offence and will be charged with a fine of 500 times the minimum salary wage.
However, if one can provide that he/she was abroad during this time that will be a valid defence in Court.
- Foreigner and foreign legal entities who obtained permission to purchase immovable property from the Council of Ministers before the 21st of May 2024, and the vendor who sold immovable property to them, must complete the transfer of the title deed at the relevant District Land Registry Office within 6 (six) months from 21st of May 2024. Those who fail to comply with the above section (whether it is a vendor or purchaser or both) will be considered as having committed an offence and will be charged with a fine of 500 times the minimum salary wage.
- If at the time the foreigner and foreign legal entity is granted the permission to purchase, the final approval of the immovable property has not been received and/or its division has not been completed and/or its separate title deeds have not been issued before 21st of May 2024, the vendor and the purchaser must pay all taxes and fees (i.e. remaining transfer fee, VAT (if applicable) and stoppage tax) within 60 (sixty) business days from the date of publication of the Council of Ministers decision to grant the permission to purchase.
- Trustee Agreement that was made before the 21st of May 2024, must be registered with the relevant District Lands Office within 75 (seventy-five) business days starting from 21st of May 2024. If such an agreement is not registered within the above specified period, it will become null and void.
- If the above rules are not complied with, the decision of the Council of Ministers to grant permission to purchase will become invalid and the registration of the contract of sale at the DLO will be automatically deleted and deemed invalid.
- If the vendor does not have a separate individual title deed or “Kat Irtifak” title deed, the purchaser can apply for permission to purchase provided that the Building permit (inşaat ruhsatı) is obtained. This rule is in the force until 21st of May 2025.
- If the transfer cannot be carried out due to an ongoing lawsuit, the transfer has to be made one month from the date when the court decision becomes absolute.
On 21st of May 2024, the TRNC Legislative Assembly passed significant amendments to the law on Acquisition of Immovable Property and Long-Term Lease (Aliens/Foreigners Law) No. 52/2008.
www.erginellaw.com