Opinion
By Andreas D. Symeou
Confidence building is an essential ingredient for the resumption of the talks, as Antonio Guterres stressed in his statement at the end of his recent official visit to Cyprus.
A most useful CBM would be the exchange of information between the two parties with regard to properties, especially “affected properties," i.e., immovable properties abandoned by their owners on both sides of the island as a result of the Turkish invasion.
Property” is the most complicated of the six “chapters” discussed in the negotiations but is also a matter that has plagued, over the years, the owners and the users of affected properties on a daily basis.
It has been agreed that after the solution a Property Commission will be established with the task of deciding the fate of all affected properties. The first task of the Commission will be to ascertain the owners of these properties, a tremendously difficult task, because most of the land records have not been updated for many decades. To achieve its task, the Commission will have to create a computerized system in which all the information contained in the existing land records in the possession of the two sides will be entered, compared, and updated.
It is reminded that most of the authentic land registers concerning TC-affected properties are in the hands of the Republic, and most of the authentic land registers concerning GC-affected properties are in the hands of "TRNC." The Republic is in possession of all authentic land registers for the districts of Limassol, Larnaca, and Paphos and most municipalities and communities of the Nicosia district (both in the government-controlled areas and in the occupied areas). In addition, provisional registers for the districts of Kyrenia and Famagusta have been created after the events of 1974, which inevitably contain a lot of errors. The "TRNC" is in possession of the remaining authentic registers, including those of the villages in the government-controlled part of the Famagusta district (Paralimni, Ayia Napa, etc.). Inevitably, the lack of access, in the last 52 years, to the authentic records by the owners of most of the affected properties has prevented the updating of the ownership (by way of gift, inheritance, sale, etc.) in these records.
In addition, there exist many other problems not directly connected to the solution of the Cyprus problem. I will mention, by way of example, just one such problem. As already mentioned, the authentic records of the properties in the government-controlled area of Famagusta District are still kept by the "TRNC," and all transactions are carried out on the basis of the provisional records, which contain errors. One could reasonably ask: Why are these records kept useless in a strong room of the Land Office in the occupied city of Famagusta? What prevents their return to the authorities of the Republic? Has this matter ever been discussed between the two sides?
It is my firm conviction that there is an urgent need for exchange of information between the two sides with regard to properties for which the authentic records are in their possession. This can be done either directly by the negotiating teams or (preferably) through a Bicommunal Technical Committee on properties.
The first step should be the inspection of the computerized property databases used by the two sides, in order to verify their compatibility; if they are incompatible, measures must be taken to make them compatible; furthermore, should the data entered into these databases be incomplete (e.g., if pre-1974 Greek Cypriot title deeds have not been computerized), a significant amount of additional information currently held in paper format will need to be computerized.
The next step should be the gradual exchange between the two sides of the data contained in their respective data bases.
The implementation of this proposal will have many benefits, including:
• the gradual creation of a reliable electronic land information system for all affected properties,
• the ascertaining of the current owners of all affected properties,
• the creation of a climate of trust and conditions of transparency,
• the facilitation of the discussions on the property issue in case of resumption of talks, and
• the facilitation of the work of the Property Commission, which will be established after the solution.
An agreement on this proposal will be beneficial to both parties. It is reminded that a similar agreement was reached many years ago under similar circumstances. Before the outbreak of the riots of 1963-1964, the Nicosia District Land Registry was housed in the Turkish sector of Nicosia. After the riots, around 1967, a gentlemen's agreement was reached, and the registers relating to Greek-Cypriot or mainly Greek-Cypriot municipalities and communities were returned to the authorities of the Republic.
*Andreas D. Symeou, LLB, MSc (ULA), ARICS, is the former head/member of the GC working group on properties
