Protection of property rights and compensation rights for property users

Varnavas Pashoulis
2019
Since the drawn of the civilization, when the importance of land was appreciated, land ownership has been linked with certain rights and duties for the owners which have evolved over the centuries to the idea of ownership as it is understood today. The basic rights in land are the right to the use and enjoyment of land, the right to income from land and the right to alienate or transfer land. The aggregate of ownership rights over a piece of land, comprised what has been termed as the bundle of
more » ... ed as the bundle of property rights. Property rights have a very significant role to play both at international and national level in the current socio-economic environment and have been a matter of dispute between nations as well as between affected owners and central or local governments. The aim of this paper is to outline the fundamental property protection rights at international and national level by reference to UN Conventions, European Conventions as well as comparative overview of different countries. Within the scope of this paper an attempt is made to outline the main property compensation rights regarding illegal occupiers or users of in the occupied area of Cyprus, since the Turkish invasion in 1974. Specifically, this paper is divided into three basic sections which are described below: • Outline the major provisions of International and European Law as regards property protection rights. These include the right of ownership and the conditions under which a compulsory purchase and compensation could take effect. Some violations of the property rights are described in this section, which have been extracted from Court Case decisions in an attempt to present the extent to which rights in Property are safeguarded. • Comparative country overview of major provisions in their Constitution and legislative provisions regarding property protection rights. Also, this section attempts to outline the basic rules of compensation assessment as well as practical examples of their application by reference to court case decisions, when these rig [...]
doi:10.26262/reland.v2i0.6759 fatcat:gqcwn5zwibe4retozj74ameupm