Immovables in TRNC as to the Constitution

Right of the State to Ownership

Article 159

(1)   (a)  All immovable properties registered in the name of the Government of Cyprus before the l6th of August 1960 and all immovable properties transferred to the Government of Cyprus after the l6th of August 1960 ; roads, waters, water resources, ports, harbours and shores, docks and piers, lakes, riverbeds, and lakebeds, historical cities, buildings, ruins and castles and the sites thereof, natural resources and underground resources, forests, defence buildings and installations, green areas and parks  belonging to  the public ; village  roads and rural pathways open to the public; and  buildings used for public services ;

(b)   All immovable properties, buildings and installations which were found abandoned on l3th February, 1975 when the Turkish Federated State of Cyprus was proclaimed or which were considered by law as abandoned or not being owned after the abovementioned date, or which should have been in the possesion or control  of the public even though their  ownership had not yet been   determined ; and

(c)   all immovable properties found within the area of military installations, docks, camps and other training grounds specified in the 1960 Treaty of Establishment and its Annexes,

situated within the boundaries of the Turkish Republic of Northern Cyprus on l5th November 1983, shall be the property of the Turkish  Republic of Northern Cyprus notwithstanding the fact that they are not so registered in the records of the  Land Registry Office ; and the  Land Registry Office records shall be amended accordingly.

(2)   Notwithstanding any other provisions of this Constitution, the ownership of the immovable properties specified in sub-paragraphs (a) and (c) of paragraph (1) above shall not be transferred to physical and legal persons.

Provided that the making of the necessary adjustment by the State to public roads and to public village roads and field pathways is exempted from the above provision.

Easements and other similar rights for specified periods and long term leases over such immovable properties may be established and registered in the manner and under the conditions prescribed by law for purposes of public interest.

The establishment and registration of such rights, the period of which exceeds fifty years, shall be subject to the approval of the Assembly of the Republic.

(3)   Out of the properties specified in subparagraph (b) of paragraph (1) above, the transfer of the right of ownership to physical and legal persons of immovable properties other than forests, green areas, monuments and parking places, waters, underground waters, natural resources and buildings, installations and sites required for defence, public administration and military purposes and those required for purposes of town and country planning and soil conservation, shall be regulated by law.

(4)   In the event of any person coming forward and claiming legal rights in connection with the immovable properties included in subparagraphs (b) and (c) of paragraph (1) above, the necessary procedure and conditions to be complied with by such persons for proving their rights and the basis on which compensation shall be paid to them, shall be regulated by law.

(5)   Places of religious worship and the immovable properties in which they are situated shall not be transferred to physical and legal persons.  The State shall take the necessary measures for the safeguarding, maintenance and preservation of such places and properties.