Parcelisation of land

scruffdog


Joined: 09/12/2008
Posts: 742

Message Posted:
12/06/2009 16:19

I have been informed that land cannot be parcelised until all the buildings that are started have been completed, does anyone know if this is correct please.

AlsancakJack



Joined: 14/08/2008
Posts: 5762

Message Posted:
12/06/2009 16:32

I would guess so as the Land Registry Office will need to come out and measure up prior to parcelisation to make sure everything has been built as per submitted plans.

AJ

MarkVPiazza


Joined: 14/08/2008
Posts: 530

Message Posted:
12/06/2009 17:10

I believe so



Mark

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
12/06/2009 17:32

Hi scruffdog,



Our site has been finished three and half years and still has not been parcellised. If the developer won't do it, there seems there is little the owners can do about it. I understand that once parcellisation has taken place, the next step is getting your deeds. So some developers who do not wish to hand over the deeds, delay the parcellisation process. They will make excuses as to why it cannot be done, like the government don't have enough people to do this but at the end of the day it all boils down to money.



The butlers wife

michelle3012


Joined: 07/11/2008
Posts: 578

Message Posted:
12/06/2009 18:15

If the builder is ready to pay his/her taxes then you can still get the deeds, but they would be joint deeds, then he/she would apply for individual deeds....this is whats been done on our development.

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
12/06/2009 18:28

Hi michelle3012,



This is the problem our developer doesn't want to pay his taxes or the VAT we have already paid.









The butlers wife

scruffdog


Joined: 09/12/2008
Posts: 742

Message Posted:
13/06/2009 09:40

Paying taxes and KDV not a problem, but a guy has bought a share of the land and is still building his house, he has told us until his is finished the land cannot be parcelised, just need to confirm this.

lobylud


Joined: 14/10/2007
Posts: 242

Message Posted:
13/06/2009 13:31

What exactly does parcelisation mean and how does it affect a development ?

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
13/06/2009 14:08

Hi lobylud,



I will try and explain this, as I understand it and forgive me if I am wrong. If there are thirty properties on a development, then you will all own your own parcel of land and any communal land will also be divided by thirty. Until parcellisation takes place, it is all one piece of land on one deed. After parcellisation the land is split and everyone gets their own deeds. I hope this is clear.



The butlers wife

WAZ-24-7



Joined: 18/10/2008
Posts: 695

Message Posted:
13/06/2009 15:11

Parcellisation is indeed as the butler describes.

Properties on any particular plot of land can indeed proceed to issuance of Kocan.

For example 10 properties an original single Kocan can become 10 individual kocans taking 1 10th of the original.

When ALL 10 properties are completed and Kocans issued then the original land owner can have the original plot of land divided in to 10 seperate and individual plots with individual kocan and site plan.



However, It is important to note that with the current uncertainty with regard to property ownership, title and possible litigation. It is a safer bet to remain as a part owner with indefinable plot and or property.

As only part owner, any potential legal claim against an individual will be far more difficult because of the indefinite identification and ownersip of the shared Kocan.

lobylud


Joined: 14/10/2007
Posts: 242

Message Posted:
13/06/2009 16:51

Many thanks Butlers wife and WAZ-24-7 for the explanation.

Al the Badger


Joined: 06/02/2008
Posts: 130

Message Posted:
13/06/2009 22:01

If a development consists of 11 apartments across 2 blocks, as in our case, does the parcelisation process as previously described still apply ? In other words, if each resident does not have land as such but just an apartment within a building, what would the "parcels" consist of ?

the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
13/06/2009 22:26

Hi Al the badger,



I would think it would consist of your apartment a share of any communal parking and any communal gardens.

I am not sure about communal stairwells, stairs and passageways but I would think that you would get a share of these as well.





The butlers wife

Al the Badger


Joined: 06/02/2008
Posts: 130

Message Posted:
14/06/2009 00:58

Thanks for your esteemed opinion, The Butler's Wife. So if any disaffected Greeko sub-human decided to have a go at me, he would have a bit of a problem in deciding which part of the stairwell I own. What sh*t these Greeks have created for themselves eh ?

kibrissibel


Joined: 18/02/2008
Posts: 562

Message Posted:
14/06/2009 08:34

Parselisation can only take place prior to a building project being started or after the building project is complete. A share kocan can be obtained in between these periods prior to parselisation, which means for eg that if there are 1O villas on site, you will own 1/10th share. Because of the problems regarding the specific performance law, you cannot compel the vendor to parselise and transfer the full kocan or even a share kocan. So unless your vendor is willing to do this, you can't make them.



For an apartment you should get the full kocan for your apartment and a share of any shared/communal facilities.



Some vendors will ask shared kocan holders to sign a power of attorney because they will need the permission of shareholders to make any changes to the site eg, parselise, issue further kocans, etc. and obviously there are pitfalls of signing such a POA.

Enchanted


Joined: 20/07/2008
Posts: 159

Message Posted:
14/06/2009 15:29

Waz, I can see where you are coming from in your advice about hanging on with a shared Kocan, and making it difficult for a Greek to proceed with any litigation. However, I was advised by my legal team that when you have a shared Kocan its a bit like being a director in a company, and in that event a Greek would only need to pick on just one owner for the whole lot. I imagine he would do his home work and pick the owner with the most dosh!!. Suddenly after six years of asking my builder is jumping through hoops to get our land split so he can remove his name off the title Deeds, as he too is also "director" and would definatly have more money than the rest of us put together! Overall it makes sense to have your own Kocan so in the future you can sell your house without any hassle. I am going through the process of land split, and we have each paid about £400 to £500 pounds for fast track wihch takes about three months. This is done by a private company.