Independent In-depth Paragraph by Paragraph Analysis of the Implications of the Annan Plan

Foundation Agreement

Article 10 Property

3. In areas not subject to territorial adjustment, the arrangements for the exercise of property rights, by way of reinstatement or compensation, shall have the following basic features:

c. Persons who own significant improvements to properties may apply for and shall receive title to such properties provided they pay for the value of the property in its original state;

Comments

The above clause is tantamount to saying that if someone covets and illegally seizes your land and builds on it without your permission then your land is theirs to keep.

This is not only illegal but a deliberate violation of existing UN resolutions, the judgements of the European Court of Human Rights and the European Convention of Human Rights and all international human rights norms. It is legally unenforceable and a travesty of justice. It cannot be tolerated and must be struck out entirely. According to the planning regulations of all EU member states if someone illegally builds an extension to their home without planning permission or builds on land they do not own they must have the structure demolished and compensate the land owner for the losses incurred.

Amendment Required

“3. All areas will subject to return to the Republic of Cyprus to its satisfaction before the constitutional, governmental and institutional changes foreseen by agreement can take effect. Properties shall immediately be reinstated to all dispossessed owners on the basis of ownership in accordance with the law without delay or deliberation”

c. All alterations or extensions to a dispossessed owners property shall become the property of that owner in lieu of compensation or be demolished. Persons who are in possession of significant improvements to properties will have no right to apply for or receive title to such properties or the improvements, nor will the revive compensation unless they were given planning permission by the legal authorities of the Republic of Cyprus to alter the property with the consent of the legal owner”

Clarification Required

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