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Case StudiesThanks to Advocate We would like to thank Advocate Peyman Erginel for her great success in solving Marian Philip’s road problem. Marian Philip, a 94 years old English lady, had a right of way and access to the public road from her house at Çatalköy. Her house was built in 1969 with a right of way to the main Kyrenia-Çatalköy road. Later in 1972, the Greek Government built the new Kyrenia-Five Fingers mountain road. To build the road, the Government raised its level by 30 feet which made Marian’s access unusable. The Greek Road Department built another access for her through a neighbour’s plot. However, they failed to register the new access. This was a serious negligence of the Greek Road Department, because and unregistered access could be closed at any time. 7 years ago, a new neighbor acquired the plot which Marian’s road was passing through and attempted to cloce Marian’s access. Marian faced the danger of remaining completely isolated. The new owner was legally entitled to close the access because there was not any restriction on the title. Building a new road to Marian Philip’s house would cost Stg30,000.- and Marian Phlips did not have such money. Mrs. Peyman Erginel represented Marian Philips at Court and managed to get an injunction to prevent the closure of the road by the neighbor. At the end of the legal battle, which took more than 7 years, she successfully argued at the Supreme Court that the Turkish Republic of Northern Cyprus should rectify the negligence of the Greek Government. She managed to convince the TRNC Road Department to build a new road approximately 350 meters long over a valley to Marian Philip’s house. This new road was declared as ‘public road’ which increased the value of Marians’s property substantially. Thus, after a long legal struggle an unsolvable disaster was turned into a fortune. On behalf of close friends of Marian Philips. |
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