Boundary Issues

[Catlover]

My neighbour recently informed me that their boundary now appears to extend over into my area, across what we previously believed was the access road and also into neighbouring land.

Whilst I appreciate that when the houses were first built there was no GPS and most measurements were done with string, my property was measured with GPS before the Kocan was issued. Theirs was too (same builder built both properties). My other neighbour also had her land measured by TAPU using GPS and her Kocan has been issued.

Now all the boundaries seem to have been affected and I cannot get a clear understanding how boundaries measured previously with GPS are now "wrong". At no time was there any indication that the boundaries were wrong.

I have approached TAPU in Girne and was told that the whole of Alsancak (were I live) is still being re-measured, and in about 3 weeks I should go to the Interior Ministry to see the new plan.

I know Turkey has sent surveyors to re-measure all the land in the TRNC and to plot all the properties as many have not been registered.
I have told my neighbour who is claiming the extra land that as soon as I can get the new (hopefully definitive) plan from the Interior Ministry, then we can use this to establish exactly what is what and how to go forward.
Has anyone had a similar problem with the boundaries moving due to GPS measurements, and managed to resolve it?
Can anyone recommend a lawyer who is experienced with this as agreements will need to be signed I am sure.

I don't want this to become acrimonious, but at the same time I need to make sure I don't end up getting taken for a ride.

[Agobard]

You might like to call Ashkin Ibrahim (0533 8319476). He works in conjunction with one of the notaires here who used to be head of the Land Office. Ashkin has assisted me in a boundary dispute and is extremely helpful and a very nice guy. They deal with a lot of boundary disputes and, in my opinion, are far better than lawyers in general with this kind of problem. My boundary dispute has been of a different type to yours but it has been complicated and taken quite some time to resolve but, it has been resolved now. Good luck!

[snd1966]

How can they give you a kocan and then say sorry its wrong and ensure you have to spend more money moving walls, fences and getting the paper work sorted out again. We have been advised our living room is on the pavement especially now they have to be wider than the 1.2 in 2004. House was probably built in 1957 when there was only donkeys and the occasional car

where is the person who has the common sense brain cell???????

[Catlover]

Thank you Agobard, I will try to speak with Ashkin soon.
Where is he based do you know?

[Agobard]

Ashkin lives in Lapta but will travel!

[frontalman]

Surely a kocan is a legal document which states which land is yours. As it was issued by the Tapu then you have the law on your side.

[sophie]

I too have heard that all Alsancak is eventually to be remeasured and I can foresee horrible problems for a lot of people. We experienced some of it last year and like you we understood that all had been made safe. I now think we were sold a pig in a poke advice wise.

[snd1966]

Surely a kocan is a legal document which states which land is yours. As it was issued by the Tapu then you have the law on your side.

I have had at least 3 customers who have had issues with their kocan, some have moved walls and a new kocan issued, others have paid a hefty fee and a blind eye was turned but the trouble with that is it can come back to haunt you.

They have all been told they can go to court but advised on certain issues like the builder knew the water board and the water was connected without all being in place, the builder had a friend in kibtek, planning authority etc. Remember its an island which works on who you know not the actual law therefore i do think my Father's advice when we came out here if you have someone help you, sell it as soon as possible.

[Catlover]

Not planning to sell, and will probably end up paying compensation for the land that technically belongs to the neighbour. But I will make sure the boundaries are officially changed to reflect that I have bought that piece of land.
Would just like to understand how previous measurements with GPS are no longer valid.
Frontalman, it's not the overall land that is in dispute, it is the boundaries so a slither of mine should belong to my neighbour and I believe a small amount of another's neighbour's land belongs to me.
Now that a dispute has happened, I will have all my boundaries logged to ensure this doesn't come back to bite me!

Doesn't life like throwing you curve-balls!

[snd1966]

Would just like to understand how previous measurements with GPS are no longer valid.

Please do let us know if you ever find out

Its a shame your neighbours can not all say we are happy with the boundaries, we have our kocan, go away. the expense generated for a few metres must be unbelievable


The best I heard was a wall was on Municipality land, homeowner advised where his boundary was, had a new fence put up, came back to check and advised the wall must be taken down. Answer its not my wall!!! and guess what 5 years later it is still standing.