Title Deed (English, Taşınmaz Mal Koçanı (Turkish) is a title deed of real estate in the Turkish Republic of Northern Cyprus (TRNC).
There are 5 types of titles in the Turkish Republic of Northern Cyprus (TRNC):
- Turkish Title (English: Türk Koçanı (Turkish)
- Exchange title (Eşdeğer Koçanı (Turkish)
- Dedicated title (Tahsis Koçanı (Turkish)
- Mujahid Title (Mücahit Koçanı (Turkish)
- English title (İngiliz Koçanı (Turkish)
The listed types of real estate titles in Northern Cyprus do not differ from each other in appearance. The essence of the difference between these titles is in the basis on which they were issued. To find out what title to the property is in front of you, you need to make a request to the Land Registry to clarify the type of title.
Features of each of the listed property rights.
Turkish title deed (Türk Koçanı)
– ownership of immovable property that belonged to Turkish Cypriots until 1974.
Prior to the 1974 war, the population of the island was heterogeneous and the two main diasporas, Greek Cypriots and Turkish Cypriots, lived mixed throughout Cyprus. Accordingly, both owned land plots in their places of residence. After the division of the island into two parts and the resettlement of the population on the basis of nationality, the property changed its owners.
On February 13, 1975, the Turkish Federal State of Cyprus (TFGK)1 was formed, which existed until 1983. On November 15, 1983, by the decision of the Parliament, the TFGC ceased to exist and was replaced by the Turkish Republic of Northern Cyprus (TRNC).
The Government of the Turkish Federal State of Cyprus (1975-1983) in 1977 adopted Law 41/1977 on the Distribution ofLand 2 in the Territory of the Modern TRNC and the Registration of Property Rights. Those citizens who had titles to land in the territory of the present-day TRNC issued before 1974 received new documents marked “Turkish Title”. The remaining inhabitants of northern Cyprus received land plots as compensation for losses incurred as a result of the war, or as an aid or reward from the Government of the Turkish Federal State of Cyprus.
Exchange Title Deed (Eşdeğer Koçanı)
– Ownership of immovable property granted by the Government to Turkish Cypriots who lost their movable and immovable property, as well as their business, during the resettlement from south to north.
The basis for the provision of these allotments of land was several indicators described in paragraph 3 of Law 41/1977 on the distribution of land. Firstly, land plots were granted to Turkish Cypriots, and secondly, only to those who documented the existence of movable and immovable property or operating business in the territory of the modern Republic of Cyprus.
In exchange for the documents provided, applicants received points (puan), which could later be exchanged for a plot of land or a finished building. The Land Distribution Committee (İskan Komitesi) 3 allocated real estate on the basis of the application of the TRNC citizen and registered the ownership in the name of the new owner. This ownership was marked “Exchange Title”, which meant the exchange of points received for real estate.
The Land Allocation Committee is still in operation and is still in charge of the distribution of the remaining plots of land. The last changes to Law 41/1977 on the distribution of land were made in 2018.
Dedicated (Tahsis) Title (Tahsis Koçanı)
– the right of ownership of real estate granted by the Government of the TFGC to Turkish Cypriots who did not have property in the territory of Southern Cyprus, as well as to immigrants from mainland Turkey.
The Land Distribution Committee was also responsible for the issuance of land allotments, based on the provisions of Law 41/1977. The main difference between this title and the Exchange title is the absence of an assessment in points of the equivalent of property in South Cyprus. Since there was no such property, the issuance of land took place to maintain the life of the population and its settlement in the new country, these titles were marked “Allocated title”.
Mücahit Koçanı (Turkish)
– the right of ownership of immovable property granted by the Government of Northern Cyprus to the families of military personnel who died or became disabled during the 1974 hostilities (Law 41/1977 para. 2(1).52/1995 (b)).
The Government of the Turkish Federal State of Cyprus, in the context of the settlement of the population in the new territories, could not ignore those who maintained peace on the island. The families of the Turkish and Cypriot military also received points (Mücahit Puan), which could be exchanged for real estate. These points were not supported by property in southern Cyprus, they were issued for services to the fatherland. The calculation of points was based on the number of family members of the injured soldiers, the merits of the military, their death or degree of disability. The issued titles were marked “Mujahid Puan”.
And theEnglish title (İngiliz Koçanı (Turkish))
– ownership of immovable property owned by British citizens before 1974.
A very rare title in the TRNC, but found on sale. The TRNC government has not deprived British citizens of their immovable property4. Based on the statements of the owners, all old titles were re-registered to their owners. In the Land Registry, such titles are marked “English Title”.
Legal status of land in Northern Cyprus.
The legal status of all lands in the territory of the TRNC is defined in paragraph 159 of the Constitution of the TRNC (Anayasa)5. According to this paragraph, immovable property belonging to the Government of Cyprus before 16 August 1960, namely all immovable property in the territory of the Turkish Federal State of Cyprus established on 13 February 1975, including military units and military installations designated in the 1960 Agreement, shall be the property of the Turkish Republic of Northern Cyprus.
In paragraph 117 of the case of Demopoulos and Others v. Turkey6 considered by the Hague Court of Human Rights on March 1, 2010, it is stated that “… there is no precedent in the Court’s case-law to support the proposal that a Contracting State should pursue a general policy of returning property to owners without regard to the current use or occupation of the property in question.”
The decision of the Hague Court also refers to restitution and payment of compensation to Greek Cypriots. These payments are made by the TRNC Immovable Property Commission, established in the TRNC by the decision of the Hague Court, Xenides-Arestis v. Turkey7, considered on 02 September 2004.
The TRNC Immovable Property Commission (Taşınmaz Mal Komisyonu)8 examines restitution, compensation and exchange claims in accordance with the provisions of Law No 67/20059. The purpose of the Commission is to satisfy the legitimate claims of property owners without prejudice to the rights of the Turkish Cypriot community.
As of August 11, 2023, 7,324 applications had been submitted to the Commission, of which 1,423 ended in an amicable agreement and 34 are at the stage of formal hearings. The Commission awarded the applicants GBP 396,363,257 in compensation.
On February 10, 2023, the TRNC Government amended the Regulations of the Law on Cadastral Taxes and Fees 115-2023. According to paragraph 3 (c), foreigners must pay 3% of the value of the acquired property to the fund of the Real Estate Commission. The funds of this Ford are used to pay compensation to Greek Cypriots. Thus, legally, every foreigner, by purchasing real estate in Northern Cyprus, pays compensation to Southern Cyprus for his property.
Will the property be taken away from the new owners in the event of international recognition of the independence of the TRNC?
What conclusion can be drawn from the above? There is no reason to worry about the safety of your property in Northern Cyprus. The TRNC State is carrying out the necessary works to resolve the issues of compensation of property to their former owners. In the event that the TRNC is recognized by the international community, the former owners of real estate will not be able and will not deprive the current owners of their houses, apartments, land and other real estate. Issues can only be resolved with the TRNC Immovable Property Commission. Only if the immovable property belongs to the TRNC State can it return it to the former Greek Cypriot owner in its own name.
If a piece of land has been granted possession by the TRNC government, i.e. the titles have been formalized: exchange title (Eşdeğer), allocated title (Tahsis), mujahid title (Mücahit), then the responsibility for resolving the issue of restitution, compensation or exchange is assumed by the TRNC Real Estate Commission, and not by the owners of the property at the moment. Former owners of property have the right to submit an application to this Commission and receive payment.
Which property title is the most reliable.
On the Internet, a lot is written about the reliability of a particular title and often compares them with each other. Having studied the legal side of the issue, the only conclusion can be drawn: all title deeds confirming ownership in the TRNC have the same degree of security and reliability.
It does not matter on what basis a particular plot of land was granted, Tahsis, Mücahit or Eşdeğer, all of which fall under the equal application of Law 67/2005 on Compensation, Exchange and Restitution of Immovable Property. And payments on these lands are made within the framework of the work of the TRNC Real Estate Commission.
The essence of title titles reflects the basis on which they were obtained. The opinion that exists on the Internet that the Exchange Title is better than the Allocated or Mujahideen has no basis. In the face of international law, all these titles have the same significance and protection of their holders.
In the real estate market, there is an active promotion of the Exchange Title Deeds as the most reliable, since payments are made to Greek Cypriots on it. This leads to an increase in the cost of land plots with this title in comparison with the titles of Tahsis and Mujahid. And real legal practice, the decisions of the European Court of Human Rights (HUDOC), the work of the TRNC Immovable Property Commission say that there is no difference between these types of titles. All three titles are guaranteed by the TRNC government and can be purchased by foreigners.
Do you have any questions? Our contact number is +90 548 841 48 38.
Author: Julia Ozerje, Associate, CEO of Veles Enterprises Ltd.
If you have any questions regarding real estate, residence permit, purchase of air tickets, apostilled powers of attorney , please contact Veles Property. Our contact number is +90 548 841 48 38.
Sources:
1 http://www.cm.gov.nc.tr/Bilgi/bildirge.pdf
3 https://icisleri.gov.ct.tr/BAKANLIK/İskan-ve-Rehabilitasyon-Dairesi
4 YİM Numara:245/2012 D. No:27/2018, http://mahkemeler.net/
5 Anayasa, http://mahkemeler.net/
6 https://hudoc.echr.coe.int/conversion#{%22itemid%22:[%22001-97649%22]}
7 https://hudoc.echr.coe.int/conversion#{%22itemid%22:[%22001-68738%22]}
9 http://tamk.gov.ct.tr/en-us/
