Pre 74 Land near Military Base - Refused Permission to Purchase

Fergie


Joined: 23/12/2008
Posts: 8

Message Posted:
30/03/2010 13:06

Has anybody got to this point where PTP has been refused on Pre 74 land, as it is close to Military Land.

What are the options.

Has anybody used a third party - if so whom, to get round this obstacle.

Does this mean in effect i will struggle to sell my property in the future if i decided to do so.

Am i panicking unduly , is Pre 74 in this scenario still worth or mean anything ?



Help !!!

karakum5c



Joined: 18/03/2008
Posts: 1021

Message Posted:
30/03/2010 13:55

If there is a peace settlement the land will no longer be military land and your title deeds will be solid gold.



If there is no settlement you may have problems selling with no valid title deeds.











Everyone beleives in the long run there will be a settlement, how long that takes is another matter so if you are not interested in selling for a good number of years you shouldnt have anything to worry about-----enjoy your property why worry with all this sun and beautifull cold beer on ice !

snd1966


Joined: 10/06/2009
Posts: 353

Message Posted:
30/03/2010 14:57

Selling to a Cypriot is no problem; my friend was offered leasehold by the owner of the land at peppercorn rent. Her property was by the new harbour. Unfortunately she did not like the uncertainty and sold insisting estate agents only showed Cypriots the apartments as she did not want anyone to go through what she was going through.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
30/03/2010 18:36

We have/had this refusal of PTP on our (genuine) pre '74 Turkish Title property.



'PTP is merely a formality!' we were lied to by the estate agent when we bought - he even filled in the PTP forms for us, so keen he was just to get his sale/commission.



We have friends in the same predicament - one of whom posts regularly on this forum.



Fortunately, we believe our Vendor is a person of integrity, because we have Power of Attorny over the property granted by the Vendor. Be that as it may, we need to sell the property before the death of the Vendor, as the PoA becomes invalid on the death of the Vendor.



As far as being in too close proximity to the military - this is totally ludicrous, as we cannot even see anything to do with the military for 360 degrees - even from the upstairs second storey. The reason the government refused to grant PTP on pre '74 TT since 2004 (post Annan Plan, when the building boom started) is because they feared that all this property/land would fall

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
30/03/2010 18:46

Cont'd:



into foreign ownership.



I wouldn't mind if we had been told that this decree existed, even if it had been decided 'in camera', but I'm just so sick of all these endless lies.



Yes, we can legally sell the property 'on contract' and the Power of Attorny is transferable, so any potential Brit buyer can rest assured that it is a thoroughly safe purchase. Of course, currently, only a TC buyer can have the Kocan/title deed registered in his/her name - but not even a mainland Turk.



As the EU/UN attitude historically favours the GC's, despite the recent announcement re IPC, I still feel that my property was/is the 'safest bet'.

Tangerineman


Joined: 08/03/2010
Posts: 318

Message Posted:
30/03/2010 20:52

Is this a Santa Fe development?



I have friends in exactly the same predicament on a development near the Merit

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
30/03/2010 23:17

I'm in exactly this position, apartment built on pre 74 Turkish title land and near an army base and refused PTP. I too was reassured by estate agent that PTP was 'merely a formality.'



At least I was able to register the contract to prevent a mortgage being taken out. I have yet to get a satisfactory answer from anyone as to what I can do to protect my position further. There is an appeals process but has to be made 6 weeks I think after being refused PTP. Trouble is they don't notify you that you've been refused nor why.



The TRNC government prefers it seems not to get the taxes I would pay to have the title deeds as I'm a foreigner.

Fergie


Joined: 23/12/2008
Posts: 8

Message Posted:
31/03/2010 01:33

Tangerineman ,message 6

The devlt is Mountain Village,Evergreen.

The solicitor has talked about some options - waiting to see them in black and white.

I think one comes in putting the land/property in the hands of a 'trusted third party and having some form of agreement' or forming a limited company.

Not sure of the mechanics of this yet.

My main concern is how do i sell in the future ,looks like i could only do so to a local TC.

Fergie


Joined: 23/12/2008
Posts: 8

Message Posted:
31/03/2010 02:06

Guys, type in 'legal advice on ptp' and scroll down to Naomi Mehmet Q and A's open the link and it gives a good answer to my query.



Has anyone used this solicitor re Trusts etc.

Thanks

Fergie

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
31/03/2010 07:54

Link here Re Msg 9 - http://www.living-in-northern-cyprus.com/review/2009/12/legal-advice-3/



Cooper

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
31/03/2010 08:26

'Put your property in our company Trust!' seems, collectively, to be the advocates' 'stock-in-trade' answer.



I have one minor problem, however; I don't trust any single one of them that I've had the misfortune to encounter.



What they all, also, conveniently fail, or 'forget', to mention are the 'slight', but only 'slight', pitfalls in this 'slightly' risky arrangement - viz a viz the tax implications, which, when properly researched are horrendous, not to mention the annual fee and set-up 'costs'.



Of course, if the advocate should die, or go bankrupt, or decide to mortgage your property, you'd better be prepared to 'lose it with a smile', because the cost of litigation to pursue any type of fraud, I can tell you from first hand experience, is substantial and totally irrecoverable.



Writing this is liable to make me p1ss more blood.........so I'll take a break to allow others to comment....

fiendishpaul


Joined: 18/05/2008
Posts: 1720

Message Posted:
31/03/2010 08:49

A simple solution to this problem would be for the military to do ground studies around their bases which identify those areas from which their activities can be 'observed' - there are a multitude of computer programmes that can do this very quickly. These areas should then either be put out of bounds to developers or registered at the land registry as areas that can only be sold to 'locals'. A simple search by an advocate or even an enquiry by the prospective purchaser should then quickly identify that PTP will not be granted to a 'foreigner'. Probably a bit too forward thinking for the TRNC ??



As someone has already posted, i think the problem lies with the the more recent governments unwillingness to let pre-74 (secure) title fall into the hands of 'foreigners'.



Just my opinion



Paul

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
31/03/2010 09:17

If these military areas, which preclude foreigners obtaining PTP for their properties for, and for which no map, or indeed, information as to their whereabouts is provided to the Land Registry, estate agents, advocates and potential buyers, are so 'sensitive', then why are foreigners (read 'mostly British expats') permitted to perennially reside there?



Why are absentee owners of these properties permitted to rent them to 'all and sundry', no questions asked?



No PTP/Kocan - no transfer tax payable. Successive governments have obviously decided that they can afford to do without this potentially substantial revenue.



However, although they are denying 'ownership' to foreigners on these properties, I'm quite sure that the ECJ would rule that the government's lack of transparency and stance on this issue is both unethical and illegal and a violation of human rights - not to mention a governmentally endorsed confidence trick.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
31/03/2010 09:23

Msg 13 cont'd:



It is this type of government endorsed subterfuge that ,surely, can hardly inspire confidence in the UN/EU to further consideration in lifting the current embargo, as it is likely to be viewed, and quite rightly so, as the underhand and despotic actions of a 'Banana Republic'.

Texas


Joined: 22/09/2009
Posts: 634

Message Posted:
31/03/2010 11:27

HBPG Meeting with Interior Minister 19th December 2006. (Answers to HBPG Questions 2).



Question 6.

Is there a list of plot numbers which are not suitable for sale to foreigners? If there is, can we (HBPG) have a copy?



Answer.

There is a list of plot numbers which are not suitable for sale to foreigners, however, it is not appropriate to give a copy.



Truly amazing! Just let the "buggers" carry on buying.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
03/04/2010 23:01

Texas/Msg 15:



Yes, I remember that. And the 'buggers' have continued buying - having been thoroughly duped and lied to.



And to think the government has continued to allow this despicable scam to continue simply reflects their attitude to the real estate and construction industry, not to mention 'integrity'.



Be appalled - you should be!