death and your kocan

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
13/08/2008 00:01

This week heard this similar story for second time in a couple of months.



A neighbour bought his plot 5 years ago with a view to building when financial situation was right.



First had problem about getting PTP which took 3 years. Some are moaning at a year, be warned!!!!



Last year tried to get solicitor to sort out Kocan. Then came the problem.



At the moment facts are a little sketchy but this one and another I am aware of have the same issues arising.



Although contracts were signed and cash handed over the owner of the land died. The family are disputing that their elderly relative would have sold the piece of land as this should have been willed to family.



Now there is going to be a protracted court case to decide if the land was legally sold. The family still hold the Kocan and as the old saying goes - "possession is nine tenths of law".



Our neighbour was trying to do eerything by the book, was not going to build until everthing was legally sorted. Now he may not even have the land.



So a warning if buying land privatley, be certain that the person is actually in a legal position to sell.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
13/08/2008 12:46

I am not sure about the nature of the problem. When somebody is buying an immovable, the first thing to do is to check who owns the land i.e. who has the title deeds and of course to check if there are any encumberences, i.e. mortgages or memorandum on the plot. Of course the vendor could sell off his land to others and leave the buyer in a limbo unlesshis lawyer took out a mortgage on it.



So did the vendor have the land in his name or not? If he did, he had the power to sell it and there is nothing wrong with that. So what is the problem, what are they disputing?

ismet

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
13/08/2008 14:00

did your neighbour not have a contract of sale saying that once he had paid he could take over the ownership from that time?

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
13/08/2008 14:34

Yes there is a contract of sale.



There was a long delay in getting PTP because solicitor made a boob which took the powers that be to figure out, sent the thing back and had to be reapplied for waiting another year.



It is the surviving family who will not sign over the Kocan. Obviously sounds simple the family are arging that there elderly relative would not have signed a contract to sell because this is "family land" and there were expecting to get it.



Our theory. The family realise the land was sold cheaply 5 years ago, now they would probably get at least 4 times that.

joandjelly


Joined: 24/02/2008
Posts: 2953

Message Posted:
13/08/2008 14:58

Surely it doesn't matter what the family think or say if the elderly relative signed the contract in the presence of a solicitor. So, do they have his/her signature or not and if they do, then how can it be disputed?

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
13/08/2008 15:00

yes because the signatures would have been witnessed as well. why not try and find the people who witnessed it and get them to make statements to the solicitor.

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
13/08/2008 15:54

At this rate I expect to die BEFORE I have Kocan, unless I live to 100,so nothing to argue about except who gets the loungers.

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
13/08/2008 16:35

In both cases I know of everything on the surface appears all legal and above board. However if someone wishes to disput the legallity of the thing and wishes to drag it through the courts what can you do.



They are trying to sicken people of in the hope they can buy the land back at original price to then sell at current.



I am sure from comment on another thread that fire starter will see that it fits the profile!!!!

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
13/08/2008 16:58

And I thought I had problems having been refused PTP on my apartment! What happens if the owner of the land dies before signing over the Kocan to the builder, or having done so, the builder dies? Who owns my apartment in the meantime?

orangekazzie



Joined: 31/07/2007
Posts: 1091

Message Posted:
13/08/2008 17:47

We had a sort of similar problem which held up our final procedure. When we agreed to purchase our land the access road leading to it was unsafe to drive down (along the side of a ravine). Our solicitor pointed this out and got in touch with the owner of the land at the side of us. It was agreed that we would purchase a Right of Way across the land. Before this was finalised the owner died and the land was passed to 6 beneficiaries. Most of them were in agreement with the Right of Way being granted but a couple weren't. Our solicitor spent months trying to sort it out. It was finally agreed on the original cost. The beneficiaries later sold the land on but didn't sell the land over which we have the Right of Way.

We don't know who actually owns this bit of land anymore and as its only about 12ft wide by about 40ft it must be worthless to anyone but us.

Karen

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
15/08/2008 16:05

you could always stay on the land for 17 years then they can't get you off, legally. bit of a long time to wait.