Title Deeds, pacelisation

Dixie Normus


Joined: 22/02/2008
Posts: 820

Message Posted:
28/02/2008 17:37

Recently informed by our builder that we wont be getting individual deeds for the property but is giving us one eleventh of the plot. There are 11 villas on the plot of which one is ours.When asked why I was told its a temp measure until parcelisation is carried out. All the villas are sold on our site, Do I smell a rat or is this the norm. Anybody in a similar boat?



Thanks D.M

orangekazzie



Joined: 31/07/2007
Posts: 1091

Message Posted:
28/02/2008 18:08

Hi DM

I think this is the norm when dealing with multiple builds on one piece of land.

Karen

jock1



Joined: 06/01/2008
Posts: 3786

Message Posted:
28/02/2008 18:09

HI DIXIE WEE ONE

WHERE ABOUT ARE YOU?

Dixie Normus


Joined: 22/02/2008
Posts: 820

Message Posted:
28/02/2008 18:13

Howdy Jock



Catalkoy back end of Lemon Tree, you in the same boat as me then?

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
29/02/2008 16:04

This is called a share Kocan and is normal. For example if you have 1 house and their are 10 on the site you will have a 1/10th share of the title deeds. When parselisation has taken place you can apply for the full Kocan.

Dixie Normus


Joined: 22/02/2008
Posts: 820

Message Posted:
29/02/2008 18:44

Thanks for that kibrissibel, I was under impression that once all the plots are sold(all have been sold now for over two years). the parcelisation is sorted, I know things dont happen fast in the TRNC, but expected to have it sorted by now. Can the parcelisation be with held if there are planning problems?



Thaks for the info



D.N

Living on Mars


Joined: 29/02/2008
Posts: 54

Message Posted:
04/03/2008 16:59

Hi everyone.

We are on a shared plot too, our contract is July 2004, villa completed 2006, but still waiting for PTP, parcelisation etc. We tried to sell our villa, and the buyer carried out a search on the land, only to our horror, we found that the construction company (Santa Fe) had taken out a gaurantee on the land to fund other sites. We have been unsuccesful in our bid to have them remove this impediment and now we are being told by our 'trusted' solicitor that in registering the property with LRO, it will confirm our acceptance of this impediment. By not registering it, we do not know what will happen! We have not had any firm advice either way. We are due to fly out to try and sort out this mess. My advice is to carry out a search of the land - you never know what nasties it may reveal!

TimothyCadman


Joined: 13/12/2007
Posts: 1040

Message Posted:
04/03/2008 17:48

Shared Kocans are quite normal to receive. In fact the "in thing" is only to issue shared Kocans; believe it has something to do with taxes and possible avoidance by the developer.



We older contracts usually had it written in that we would get an individual kocan, and most builders are sticking to that. But you can only get an individual kocan when:

all the houses are sold

All Permission to Buy's have been granted

All taxes paid by the builder and property owners



As we know, fulfilling all those can be difficult and take an eternity.



But just be glad you've a shared Kocan. That's your peace of mind that your villa is yours.

cypruslynx


Joined: 08/10/2007
Posts: 14

Message Posted:
04/03/2008 21:36

Timothy



I was very interested in your reply about the shared Kocan.



We could answer yes to each of criteria to get an individual kocan.



We would very much like to have our piece of land/villa parcelised. Can you through any light on how this is done and what costs should occur.



Thanks

Lyn

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
04/03/2008 21:54

These are the steps:

1. Building Permit. This is obtained from Municipality or District Office and shows that building permit is obtained i.e. all regulations complied with and no future surprises. Normally this should be obtained before the building process begins.



2. Final Approval. The authority giving the building permit carries out checks to confirm that the constructions are in accordance with the permit.



3. Partition Permit. This applies for Estates and apartments.



4. Final Approval for Partition. Once this is done everything is ready for the transfer of individual Title Deeds.



5. Transfer of Title Deeds and time for that Champaign!!!

ismet

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
04/03/2008 22:05

Hi Elco is there also a need to for verification that the builing is habitable before releasing deeds ?

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
04/03/2008 22:13

Surely No.2 Final Approval should take care of that. I am guessing here, not my area of interesr.

ismet

cypruslynx


Joined: 08/10/2007
Posts: 14

Message Posted:
04/03/2008 23:09

Elko



Blimey you know your stuff.....



Are these approvals and permits something we as the owners can find out for ourselves or is it necessary to use the serivices of a solicitor?? Do you think this involves a cost - we have been told it will be thousands.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/03/2008 08:38

Re. msg. 13

I do not know much about these things and I am going on hearsay but I presume all these applications and permits are done in the name of the owner of the land. You should be able to find out personally at what stage things stand from Belediye or Kaymakamlik (Municipality or Government District Office) but take your agreement with you so that they know exactly which land you are talking about and also show them that you are an interested party and not just a busy body.



If the builder is refusing to carry out the rest, all the buyers on the plot can get together (?) and speak to a good Advocate to see if he can take the builder to task and if necessarry go to court but these are uncharted waters and not an easy task. In the south they have amended the law Chapter 232 Sale of Land (Specific Performance Law) so that the Buyer can ask for such an order and if necessarry the court can appoint someone to replace the builder and carry out such things. I am pushing for similar amendments here but things move slowly here. My recent article in Kibris paper last February was a good reminder and I do know that the relevant undersecretary read it but this is something for the distant future.

ismet

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/03/2008 08:47

Just one final word: quite often you will hear people tell you "Ask your advocate to come and do it".

You pay the advocate to speak for you, don't forget that you are the prime person. You have the right to do it personally if only you know how. I am not an advocate but I go to court and conduct my own trials and of course enjoy it too. Last time I was in court (the Constitutional Court) the Attorney referred o me as "my colleaque" and I stood up and asked him with tongue in cheek "I thought you were an advocate and not an engineer" and it was all smiles.

ismet

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
05/03/2008 12:23

Hi Ismet



We have been to the Kymakamlik in Girne several times to try and get a copy of the building permit. They refused to give us a copy even when we showed them the contract. They said the could only give it to the applicant.



Sibel

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
05/03/2008 13:18

Sibel,

"They refused to give us a copy". Does that mean that they confirmed its existence? What do youwant to do with a copy?

ismet

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
05/03/2008 14:49

No they refused to even look but said they would only give a copy to the applicant. We think there is a permit as Kibtek has comissioned the electricity. We want to find out when the permit was issued.

Thanks

Sibel

cypruslynx


Joined: 08/10/2007
Posts: 14

Message Posted:
05/03/2008 21:27

Elko2



Thanks for your reply. Much appreciated.



Have a good evening

Lyn