Disclosure certificates for PTP North Cyprus

Dreamydiver



Joined: 30/08/2010
Posts: 306

Message Posted:
27/10/2010 10:34

my cousin is waiting [surprise surprise] to collect her shared title deeds on the property she purchased off plan 2005.

She has been to the office in Girne several times to collect [her lawyer Talat Kursat informed her they were ready] only to be told "come back later".



Chatting with her I understand she has not been told to get a Disclosure certificate for Purchase Permit Application. My queries are:

Is the certificate a new requirement?

Even though she began the process some time ago, will she still need to get the disclosure forms?

Could they be A reason why she can't get hold of her Shared Title deeds??



thank you on her behalf....

jardap


Joined: 08/08/2008
Posts: 318

Message Posted:
27/10/2010 11:09

I think that they might be referring to the Police Disclosure Certificate, that is required when you apply for PTP.

It has been a requirement for some time now,her solicitor should have told her this,could be the reason that she has not been able to receive her deeds.

Dreamydiver



Joined: 30/08/2010
Posts: 306

Message Posted:
27/10/2010 11:26

yes, this is it and she hasn't been told to request one. Will she need it even though she purchased property on 2005/6?

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
27/10/2010 11:42

We bought in August 2005 - no police certificate was needed then. Our application for PTP on pre '74 Turkish Title was very quickly refused. Nobody then knew about this covert policy.



If refusal is on military grounds - i.e., proximity to a military area; rightfully, those deprived of the right to own their property 'freehold', should be able to seek full compensation from the IPC.



Alternatively, as reported [if it is true] in last Saturday's 'Cyprus Today', disaffected foreigners have been told to seek redress through the ECHR.



I put it to forum members: how can the average retired person afford the litigation costs that such advice would incur - even initially?



The answer might be: 'As a group.'



However, 'group action' would be extremely hard to co-ordinate, would it not?

greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
27/10/2010 12:07

Dreamydiver, The Home Buyers Pressure Group have useful information on PTP. Try this link: http://www.hbpg-trnc.net/documents/purchase_apply.html

Brinsley


Joined: 04/04/2009
Posts: 6858

Message Posted:
27/10/2010 14:24

In law, a class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. However, in several European countries with civil law different from the English common law principle (which is used by U.S. courts), changes have been made in recent years that allow consumer organizations to bring claims on behalf of large groups of consumers.



Copied

Richard

Molly


Joined: 30/08/2008
Posts: 299

Message Posted:
27/10/2010 14:55

The disclosure certificate/police report must be submitted with your permission to purchase application.



Firstly, she should ask her lawyer for her application number just to make sure that he actually applied for it in the first instance!



She should get the report as soon as possible and forward it by international recorded delivery and, once received by her lawyer, ask for a copy of the accompanying letter to the Ministry of Interior so that she knows it has been sent.



Historically, police reports could be forwarded after the initial application but they then insisted that all papers must be submitted with the application. This has been the case for a considerable time.

Dreamydiver



Joined: 30/08/2010
Posts: 306

Message Posted:
28/10/2010 21:31

thank you all for really useful advise, it'll really help her understand what she can do to ensure everything is in order for the paperwork to be processed.

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
28/10/2010 21:56

I'm surprised that she has not or should I say her advocate already applied for PTP. Applying now, 5 years later is strange to my mind.



To take up Tenakoutou's excellent point re a group action to challenge my PTP refusal at the ECHR, I'd be up for that.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
29/10/2010 09:45

Hector/Msg 9:



For those foreigners having already bought pre '74 Turkish Title and been refused PTP, the government know full well that, with the adverse publicity that refusal of PTP has generated, that potential foreign buyers will now shy away from such property. Furthermore, the government knows that, practically, the only 'takers' will be Turkish Cypriots - a situation they deliberately intended to create when they made their ruling in, probably, late 2004 - totally in flagrant violation of Human Rights and their own Constitution.



Several people have very proudly boasted that they have received their PTP and Kochan, and that 'blanket refusal of PTP' is not the case. So, I put it to them, that just because they have their Kochan, it is worthless, apart from the mortgage/memorandum protection factor, because there is no obligation to the Council of Ministers to grant PTP to the next buyer.

Basically, the TRNC government have ALL foreign buyers over the [proverbial] barrel!

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
29/10/2010 10:05

Hector/Msg 9:



Msg 10 Cont'd:



Class action at ECHR - a hypothetical situation: The plaintiff arguement would surely be that 'due to military occupation' PTP was refused. This puts the onus on Turkey to answer in defence.



I am not stating this, nor necessarily believe it, but it is widely rumoured that the TRNC government are using the presence of Turkish military bases as an excuse for not granting PTP, blaming the Turkish Army for the objections, which, it has even been published, the Turkish Army deny.



If the Turkish Army were to deny this in court, then they would be exonerated.



It would then be up to the class action plaintiffs to sue the TRNC government for compensation. Even if they won their case, the likelihood of them receiving 1 Kurus of compensation would be minimal, because how could such an order be enforced by ECHR?



It looks, on the face of it, to be a 'non starter' - best maybe to 'put up and shut up', as suggested by a TC on another thread.