Land search

[Robert157]

Hi , I own some land and done a deal with a builder,who built some houses on the site, usual story
He couldn't finish the site, now it's down to me to sort out , my first step is to do a search at the land registry to see who has purchased what , is this a difficult thing to do , what do I need and roughly how much would this cost , thank you

[Keithcaley]

As a bare minimum, you would need the Koçan for the land in your name.

All purchasers would need to have registered their contracts with the Land Registry (Tapu) otherwise there would be no record of the sale(s).

As the land will not have been parcelised yet, you really need a Turkish speaker who is familiar with the workings of the Tapu, preferably someone that deals with the place on an every-day basis, knows the staff & knows their way around etc.

If the Builder has sold some plots/dwellings but the purchasers have not registered their contracts, you would need access to the Builder's records - if he kept any!

Good luck...

[ozankoys]

Yes Keith is absolutely right your first port of call is the Land Registry with your Kocan & passport. We have found that several of the staff speak English so you do not really need a Turkish speaker would suggest that you go in the afternoon when they are not busy with transfers.
They will give you the details of who has registered contracts so you can contact them accordingly, it is possible that they will mostly be lawyers so they can give you a copy of the contract as you must be named on it, presumably you gave the builder POA to sign contracts on your behalf. They may also provide details of the agent who sold the property who you could contact to see if they sold any more if you have unknown purchasers who did not register their contracts. You could also erect a sign on the site asking purchasers to contact you.
The contract documents should include plans which will show the name of the architect who is responsible for preparing & submitting all the plans.
The architect will be able to supply you with the file no which will be in your name you will need to locate the Green Planning file at the Belediyesi
to see what stage the planning applications have reached if the Architect decides to be unhelpful. You cannot appoint another Architect unless the original one is in agreement.
You do not give any details as to how many properties there are or what stage of completion has been reached but if parcelisation is required you will need the consent of all Purchasers to proceed to Final Approval. In cases such as this most Purchasers resign themselves to paying a share of the costs involved in order to receive their full Kocani.
You will need endless patience & dogged determination good luck!!

[gillken]

Cant you visit your site and either pop a notice up asking for anyone to contact you?
HAs the builder done a runner? If not ask him what has been sold they should have contracts in place.
Did you have a contract written up between you and the builder protecting you from any of his debts? If so you really need to cancel your contract to protect yourself.

[Hector]

Did you have a written contract with the builder? Did you have an advocate acting for you? Did the builder?

I can see the advocates queuing up to act for you, rubbing their hands together and drooling with glee at the prospect of their huge legal fees and dragging it out for years. Sorry to say that though.

[Robert157]

Have contact for some buyers, builder is a waste of time ,no help ,not sure all of the buyers have contracts. There are so many different nationalities on the site , it's hard to make contact. Thought a land search would be easier.im in the uk and wondered if it was possible to get someone to do it

[ozankoys]

Possible if someone has your specific POA to deal with Land Registry Matters.
Is the site in Bellapais by any chance?

[jackvern]

Robert I do,not know if this helps or not. I am currently having my villa shown on the land I have title deeds for.
I spoke initially with a solicitor who recommended dealing with a company who specialise in this sort of matter in particular land registry and who know the ins and outs of this particular Area. He speaks very good English and insists that I contact him regularly to see the process of my application. Whilst I still await the conclusion of this I am currently more than satisfied with his progress. I opted for this course of action as I just cannot be bothered with going around all the different departments. Language is another reason. If you live in the UK then it is even more of a problem. You can email with your dilemma and see if he can assist.

[Robert157]

No mate it's not in bellapaise,
It's probably something I could do. Just wanted to know how much they charge, i.e. Each property on the site or one deed one price ?

[ozankoys]

The cost would depend on what stage the procedures have reached & is for the whole project however many properties.

[kerry 6138]

The architect will be able to supply you with the file no which will be in your name you will need to locate the Green Planning file at the Belediyesi to see what stage the planning applications have reached !

Where abouts is the office for Girne please?

[Keithcaley]

The architect will be able to supply you with the file no which will be in your name you will need to locate the Green Planning file at the Belediyesi to see what stage the planning applications have reached !

Where abouts is the office for Girne please?

Next to the State hospital - on the road between Pia Bella and the main Post Office.

[kerry 6138]

The architect will be able to supply you with the file no which will be in your name you will need to locate the Green Planning file at the Belediyesi to see what stage the planning applications have reached !

Where abouts is the office for Girne please?

Next to the State hospital - on the road between Pia Bella and the main Post Office.

District Office or Land Registry , thought Ozakoys was taking about the Belediyesi ?

[ozankoys]

Yes I was talking about the Belediyesi the file does not reach the Land Registry until all the procedures are completed, it would go to Lefkosa Tapu first then to Girne for them to actually issue the Kocan.

[Keithcaley]

... thought Ozakoys was taking about the Belediyesi ?

Oooops! - You're quite right! - Sorry...

[gillken]

Seems a mighty odd story!!!!

You are telling me people have had villas built on your land and you have never given them permission!!
That you didnt have a contract with the builder!!!!
What did you actually get out of this?

[jofra]

Seems a mighty odd story!!!!

You are telling me people have had villas built on your land and you have never given them permission!!
That you didnt have a contract with the builder!!!!
What did you actually get out of this?

The original poster said "Hi , I own some land and done a deal with a builder,who built some houses on the site, usual story ...."
Apparently it is common practice for a landowner to come to an arrangement with a builder ("developer") where houses are built, the landowner owns (and subsequently sells) so many houses, while the builder in lieu of buying/paying for the land - also owns (and subsequently sells) so many houses...
HOWEVER!! The builder runs out of money (and fails to complete the building work and/or disappears), in the meantime some or all of the (uncompleted) houses have been already sold by the builder ("off plan").....
So the question is - who are the unfortunates that have bought a house that has never been built? That is what the original poster is seeking help and advice on....
(If I've got it right....)

[Robert157]

The builder had P.O.A to sell properties once site was complete I would receive a property and money . Because he ran out of money and the buyers didn't trust him anymore, the sales dried up and basically wanted the buyers to pay extra money to finish the site , which never happened. I'm at a stage where the builder has now gone and need to invest my own money and time to get it finished. Which is why I asked the question regarding land search to check who have sleds contracts

[gillken]

In 2015 you were promoting CAC And Pembe !!!!!

Very strange situation.

[kerry 6138]

Yes I was talking about the Belediyesi the file does not reach the Land Registry until all the procedures are completed, it would go to Lefkosa Tapu first then to Girne for them to actually issue the Kocan.

Which office of Girne Bele would have the file , I have the file number?

[ozankoys]

The main building in the pedestrian square opposite Cafe George

[kerry 6138]

The main building in the pedestrian square opposite Cafe George

Thanks I take it you ask at the windows for the correct department.