Statutes concerning illegal land transfers

[EuriJohn]

Is there a statute of limitations on illegally transferred land in Cyprus?

[Nigel Howarth]

Hi again EuriJohn

As far as I am aware, there is no statute of limitations on the illegal transfer of land or it has been suspended. As you may appreciate this comes as a result of the northern part of the island being occupied.

Regards,

[Pantheman]

Excuse my ignorance but could you explain the question??

I don't understand what you are asking.

[EuriJohn]

Excuse my ignorance but could you explain the question??

I don't understand what you are asking.

in some crimes there is a window of prosecution, a time frame, when that time frame has been used up the crime cannot be prosecuted.

[Pantheman]

Excuse my ignorance but could you explain the question??

I don't understand what you are asking.

in some crimes there is a window of prosecution, a time frame, when that time frame has been used up the crime cannot be prosecuted.

OK, I understand and thanks.

I don't believe there is for illegalities, but if you had say some land that someone was farming, uncontetsed, for 30 years, he could claim it as his own. the 30 year rule.

Hope that helps.

Where are your lands located???

cheers

[Nigel Howarth]

Hi EuriJohn,

I just stumbled across the following, which I believe answers your question regarding statute of limitations:

• Limitation periods in Cyprus are set out in the Limitation of Actions Law (Cap 15), which dates back to the time when Cyprus was a British colony. The principal limitation periods are as follows:
  
  • For bonds in a customary form or any mortgage, the limitation period is 15 years from the date on which the cause of action arose;
    
    For any judgment, the limitation period is 15 years from the date on which the judgment became enforceable;
    
    For any book debt due to or from a bank, the limitation period is six years from the date on which the cause of action accrued;
    
    For goods sold and delivered, bills, work done and wages, the limitation period is two years from the date on which the cause of action accrued;
    
    For property irrevocably earmarked for Muslim, religious or charitable purposes (known as Evkaf or Vakf property), the limitation period is 15 years from the date on which the cause of action accrued. Where the action concerns the corpus of any such property, the limitation period is 36 years; and
    
    For causes of action not expressly provided for by the law or not expressly exempted, the limitation period is six years from the date on which such cause of action accrued.
  The Limitations Law was suspended in 1964 following inter-communal disturbances and has effectively remained suspended ever since.
  
  The Suspension of Limitation Period (Provisional Provisions) Law (110(I)/2002) provided that the Limitations Law would re-enter into force with effect from June 1 2005, except in relation to any immovable or movable property situated in areas now occupied by Turkish troops (or any property which was situated there at the time of the Turkish invasion). However, its entry into force has been postponed by a succession of laws passed in the interim, each temporarily extending the suspension. The latest of these laws, Law 111(I)/2010 enacted in November 2010, extends the suspension until March 31 2011.

The above came from an article by Chrysanthos Christoforou at the law firm of Andreas Neocleous & Co LLC

Regards,