ATTACHMENT 4: PROPERTY LOCATED IN AREAS SUBJECT TO TERRITORIAL ADJUSTMENT

Article 1     Application of these provisions to property in areas subject to territorial adjustment

The Articles in this Attachment shall prevail over the other provisions of Annex VII and its other attachments in relation to affected properly and other properly in areas subject to territorial adjustment. Where there are no specific provisions in this Attachment, the other provisions of Annex VII and its other attachments shall apply.

Σχόλιο:Τα Άρθρα σε αυτό το παράρτημα θα είναι ιεραρχικά ανώτερα σε σχέση με τα θέματα περιουσίας.

Article 2 Reinstatement of dispossessed owners

1. Subject to the modalities and conditions established in this Attachment, any dispossessed owner of a property in areas subject to territorial adjustment shall be entitled to reinstatement.

2. The Property Board shall issue final decisions on reinstatement of properties located in areas subject to territorial adjustment, as soon as it has determined that property is eligible for reinstatement and shall order that such reinstatement take place as soon as the current user has been relocated, but no later than three years after entry into force of the Foundation Agreement.

3. The general moratorium and agreed maximum levels on reinstatement under Annex VII shall not apply to areas subject to territorial adjustment nor shall provisions permitting transfer of properties to a current user or a subsequent purchaser.

4. The Property Board shall deal with claim$ regarding properly in areas subject to territorial adjustment on a priority basis.

Article 3 Improved properties

1. The dispossessed owner of any improved properly shall pay the market value of the improvement worth more than 10% of the value of the property in its original state to Property Board. The owner of the improvement is entitled to seek compensation from the Property Board for its market value.

2. If the dispossessed owner satisfies the Property Board that an improvement worth less than the value of the property in its original state is inappropriate for his/her intended use of the property which is similar to the use prior to dispossession, the dispossessed owner shall not be required to pay for the improvement. The Property Board may recover any compensation paid to the improver if it subsequently finds that the dispossessed owner makes use of the improvement.

3. Where the value of the improvement is greater than that of the property in its original state and the dispossessed owner is not prepared to pay for it, the owner of the improvement may apply to receive title to the property in exchange for payment of the current value of the original unimproved property. The dispossessed owner shall retain a right of first refusal for a period of 20 years after entry into force of the Foundation Agreement, for any contract for sale, exchange or lease of the property, at the proposed contract price.

Σχόλιο:Εάν θέλει αλλά δεν έχει λεφτά τι γίνεται;

Article 4     Owners of property in areas subject to territorial adjustment who wish to leave

An owner of property in an area subject to territorial adjustment who vacates such property after entry into force of the Foundation Agreement may claim compensation from the Property Board for such property at current value in exchange for his/her title to such property, provided s/he can produce evidence of ownership before 1974 or of bona fide transfer from the 1974 owner.

Σχόλιο:Τι είδος απόδειξη είναι απαραίτητη, έγγραφα ή προφορικές μαρτυρίες;

Article 5 Current users of property in areas subject to territorial adjustment

1. A current user of property in an area subject to territorial adjustment who is a Cypriot citizen may choose to:

a. Remain in that area and purchase property there;

b. Receive alternative accommodation in that area, if entitled under these provisions (see Attachment 3);'

c. Claim reinstatement of his/her own affected property; or

d. Be relocated in the other <component state> and purchase property or receive alternative accommodation there, if entitled under these provisions.

2. A current user who is not a Cypriot citizen may seek housing or financial assistance from the <component state> in which s/he is legally resident.

Σχόλιο:Τρέχων χρήστης που δεν είναι Κύπριος πολίτης μπορεί να ζητήσει στέγαση η οικονομική βοήθεια από το Συστατικό Κράτος στο οποίο διαμένει νόμιμα. Πως μπορεί να διαμένει νόμιμα και να μην είναι Κύπριος και να μην έχει ‘άλλη ιδιοκτησία; Είναι φανερό ότι αυτή η  παράγραφος προφυλάσσει τα δικαιώματα των εποίκων.