Imperial Construction no planning or parcelisation

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
13/08/2009 12:58

Four and a half years ago Imperial Construction built a villa for us in Karsiyaka. This year 2009 we got our title deeds, only to find we only owned a joint third of a olive grove the villa wasn't mentioned. The planning inspectors visited and told us that Imperial Construction had not put the final plans in including the garage and the site boundry walls. so they could not include the villa in the title deeds, Has anyone else experienced these problems with Imperial Construction ie; building without planning and not parcelising ?

All information gratefuly received.

TimothyCadman


Joined: 13/12/2007
Posts: 1040

Message Posted:
13/08/2009 13:34

Maverickmick,

Would you like to tell us what Mr Gultekin Ben has said to you about this? I'm sure you have must have asked him and he gave you an answer.



Mr Ben, we know you area reader of these pages. What is your answer?



You have a shared Kocan. In the TRNC that is a damn site more than some people get! At least you now know that you own part of the land your property stands on, and that in itself is worth a lot of money. You are also sure that the land doesn't have a mortgage or other lean against it and if any mortgage was to be taken out you would have to agree to it first.



From what you have written I sumise that the original plans didn't have a garage on the original plan that got the original planning permission and you had it as an added extra or was built because something else couldn't be, thus making the plans submitted nul and void.

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
13/08/2009 15:30

Yes Mr. Ben as answered our queeries over this but not to our satisfaction. I signed a contract with him in Unwins office on 29th of October 2004 halfway down the first page and i quote " the vendor is currently parceling / dividing the imovable properties into 3 seperate plots as indicated on the site plan attached to and forming part of this contract " unquote since then we have had numerous empty promises both verbal and email ( i have a record of all emails) he as kept putting us off and i don't know what to believe any more, so i am asking if any other subscibers as had any such problems . The garage as been built and paid for more than 3 years ago and i have proof of this, regards M.

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
13/08/2009 17:35

timothy cadman ihave a corection the garage was built and paid for feb 24 2005 that is four and a half years ago and yes ihave a shared kokan but that isnt what i paid for. and just its a ".to quote you" a damn site more than some people get doesnt make it right m m

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
13/08/2009 17:58

timothy cadman ihave a corection the garage was built and paid for feb 24 2005 that is four and a half years ago and yes ihave a shared kokan but that isnt what i paid for. and just its a ".to quote you" a damn site more than some people get doesnt make it right m m

Ozbey


Joined: 04/03/2009
Posts: 304

Message Posted:
13/08/2009 18:02

maverickmick,

You are quite right, the developer is entirely in the wrong. However, I wouldn't worry too much because you do, at least, have a legally recognised share (in TRNC anyway) of the whole plot, and, no doubt, your contract and other evidence shows which part you paid for. If you own the land, then you also own whatever is built on it (Who could take it from you, it's on your land).

Leave things how they are - your property is as secure as anything is in TRNC. Let the developer do any worrying and "red tape" work (or not) whilst you get on and enjoy your life inTRNC.

Regards,

Ozbey.

MajorieDawes


Joined: 23/10/2008
Posts: 62

Message Posted:
14/08/2009 07:47

I notice Gultekin Ben of Imperial Construction isn't as keen to post on here as he was when his business dealings were plastered across the front page of Cyprus Today. Maybe Cyprus Today could do a follow-up to their previous story, focusing on individual buyers problems with Imperial Construction?



Although I have sung Imperial Construction's praises in the past, and they have certainly built some good properties that I am aware of, this kind of slipshod attitude to paperwork and procedures, and the unnecessary stress and concern it causes foreign buyers, would make me think twice about recommending them to anyone in the future.



I am aware that there is a parcelisation issue with the Imperial Lily Gardens development in Karsiyaka, and at least two other sites that I know of.

Washerman


Joined: 19/09/2008
Posts: 2301

Message Posted:
14/08/2009 08:24

Bandwagon - no way is TRNC like the 'Wild West!'

In the 'Wild West' you had a whip and six-shooter to protect yourself and there was a Sheriff to lock up the local bad-guys.

Washerman

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
14/08/2009 10:40

Thanks for all your replys, i hope others will join in, Ozbay thanks for the support, but it's hard to leave things as they are i am in my 70's this villa was bought to relax and enjoy life in peace in a beautiful part of North Cyprus in our retire,ment instead it's brought onlyanxiety and disstress and wefeel betrayed by Gultekin Ben of Imperial Construction. I want to leave the villa to my son and his family,the granchildren enjoy it here. but i don't want to leave them the hassle that we have experienced m.m

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
14/08/2009 10:53

Thanks Majorie Daws its probably a good idea to write to Cyprus To-day I have benn to various goverment departments to try to sort this out with no success. They all ask for a " D " number to follow any application through the system Gultekin says that he doesn't know what one is and i don't know any other way to find out, can anyone help? m.m.

seadog


Joined: 12/08/2009
Posts: 1

Message Posted:
14/08/2009 11:02

We have had the same problem. Our land is split between two properties 50/50. It is nice to have a Kocan for both land and house though.



Seadog

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
14/08/2009 11:42

Washerman: Here there is no law enforcement to 'lock up the bad guys'!



Bandwagon is not far wrong.

BigBen


Joined: 30/11/2008
Posts: 150

Message Posted:
23/08/2009 12:56

Hi evreybody,

Mr. Ben is back from his holiday, and just saw the posting.

Firstly,

meverickmick.

You know very well that, the building permissian was optained for the 3 houses on 28.02.2005, Ref. No:B397/04. I copy of which was given to both your Estate agent and Lawyer.

You will also remember yourself and the other two owners has requested, to have a garage build, all 3 at different times, all 3 of which required to have an amentment to the building permission. All 0f which was made by our/your architect.

You also know that, when the "Kaymakans" architect came to control for final approval, it was discovered that the State planing office has lost the file for the garages. You also know that we have with in days re submited the application and are waiting for it to be proccessed.



will continiu

BigBen


Joined: 30/11/2008
Posts: 150

Message Posted:
23/08/2009 13:06

Continues from posting no 14



As to parselation:

You know or should remember that. You and the other 2 owners (William Fisher and Anthoney Derirck) has decided not to have a parselation, you wanted to have 1/3 share ownership. Because you did not want to make te road public road.

Your contract was registered with the land registry, all the forms prepared for the land registry while makeing the 1/3 transfer to you clearly showed (all the forms was prepaired by your lawyers) that you were buying 1/3 of the land with a house, garage and swiming pool on it. If you or anybody makes a sourge at the land registration, will sea that you are the owner of, as above.



So what is your problem?

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
23/08/2009 19:57

hello Mr Ben thanks for the reply. I can only speak for myself I did not agree to the land not beeing parcelised. but I agree that you told me, that if we did parcelise the land we would lose the road, but you would not say why. The road to the villas is within the full sight boundry wall and we have all agreed that it is a private right of way, it is now our land so why can't we have the land parcelised including in our land a private right of way, I haven't the exact date for the other garages built but it is definatly more than two years ago, Last Ramadam 2008 you came to my villa with aman you called your engineer, and told me that all this would be sorted out in 2 to 3 months it's Ramadam again and it still isn't sorted, i am particulary interested in why the road can not be included as a privete road within our site. M M

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
23/08/2009 20:19

ABOUT the kocan my problem is that the kocan says i only own a third of a olive grove iwant a house agarage aswiming pool and the boundary walls included in the kocan as per contract m m

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
24/08/2009 12:41

Mr Ben you asked what my problems are, i will try again why can't we have a right of way inside our own site boundry? You have told all 3 of us if you parselise /divide the plot, the right of way will become a public road why ? i shall be asking Munir Akil our acting solicitor his interpritation of it, Mr Ben a peice of paper you gave us re the right of way i.e. the one with the different colour crayon to represent each villa would not stand up in court if any one of us disregarded it, you said that it was a legal document, which solicitor drew it up?

In Unwins office when we signed the contract in October 29th 2004 you went to great pains to tell me that North Cyprus law was based on U.K. law Unwins rep assured us that this was the case, so why doesn't the kocan ,title deed have all the requirements on them as in the U.K. ( SEE ABVE) I.E. garage boundry wall etc. of each individual properties and it takes only weeks maximum iafter contracts are exchanged in the U.K

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
24/08/2009 12:45

Final question to-day

Why don't you know what a "D" number is ? This is the individual number requred for the goverment offices to trace each property through the system on their computors they say each builder has one for each site, have you got one for our site? M.M.

BigBen


Joined: 30/11/2008
Posts: 150

Message Posted:
24/08/2009 20:39

I have a B number.



The land registry knows that their is a house, garage and pool, in time they will register it and will be shown on you deed. The local authirities also knows it and you have paid rates for a house, garge and pool.



You and the other two owners between you owns all the land with 1/3 each share. Each of you has also signed an agreement prepaired by your lawyers, between you accepting which part ot the land is own by each of you. Also you have agreed that the bouldaries are those as done by the builder.



All of these you will be passing on to your, grandchildreen and they to theirs.



I can not do any more for you, I am no longer the owner.



You have a clear title and good ownership.



Please contact your lawyers for further advice.

maverickmick


Joined: 10/08/2009
Posts: 14

Message Posted:
24/08/2009 21:09

Thank you Mr Ben for the reply, I hope to see you personaly when we come out to North Cyprus again, this matter on Cyprus 44 is now closed as far as I am concerned I am looking forward to the final aproval beeing granted and at last I can enjoy my villa in North Cyprus M,M,