Anyone considering buying property in Northern Cyprus should appoint a lawyer in the TRNC to give them independent North Cyprus legal advice and to handle the conveyancing aspects and application process for permission to purchase real estate.
A lawyer should be chosen on the basis that they are independent of any other party involved in the purchase/sale process (i.e., it is not wise to use the same solicitor as the property vendor or developer), they should be qualified in the laws of Northern Cyprus and in the process of house conveyancing and ideally they should have experience of dealing with property sales in the TRNC involving foreign or non-resident purchasers.
After 1974 the Northern third of the island of Cyprus adopted a legal system that is independent of the legal system used in the southern Republic of Cyprus. As Cyprus was a British colony for so long the basis of both legal systems is definitely British law but Turkish Cypriot law is unique and therefore anyone entering into any form of legal contract – such as a property purchase contract – should use the services of a lawyer trained in the legal system of Northern Cyprus.
North Cyprus legal advice can be obtained prior to a property search being undertaken and anyone who has doubts or open concerns about any aspect of the property purchase process or who has questions relating to title deeds in Northern Cyprus for example is advised to spend half an hour or so talking over their concerns with a legal adviser. The time (and money!) will be well spent.
Once a property has been chosen and prior to signing any form of contract – even a seemingly innocent piece of paper registering your interest in the property – the purchaser should talk over their decision to buy with their lawyer. If, after speaking to the lawyer and getting his/her independent advice on the matter the purchaser wishes to continue with the sale the lawyer will request of the estate agent, vendor or developer a copy of the kocan (title deed), site plans and builder’s permissions/construction availability.
It is the instructed lawyer’s duty to then check the site plans and ensure that boundaries and plot sizes are correctly detailed in the contract. Furthermore they have to conduct a land registry search to make sure that all is in order with the kocan (title deed) and that there are no outstanding debts, mortgages or encumbrances attached to the property being offered for sale. The majority of lawyers appointed by those buying property in North Cyprus also handle the application for permission to buy immovable real estate in TRNC for their clients but make sure you discuss what is and isn’t included in a lawyer’s fees with your chosen legal representative before signing up to use their services.
Finally, the British High Commission’s website for Cyprus clearly states “before purchasing property anywhere in Cyprus you are strongly advised to seek independent qualified legal advice” – so don’t just take our word for it! North Cyprus legal advice is essential to ensure any deal you enter into is legal and that your rights are properly protected.
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