NO NORTH CYPRUS KOCAN on your villa- then you own NOTHING

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 13:25

I am amazed at the amount of people who seem to be unaware that if you have no kocan for your property - then you do not own it.

-The landowner still owns the land

-The builder still owns the bricks and mortor

Both can mortgage these and you are up s**t creek without a paddle.

If you sue and win, your contact is null and void and then they can both continue to revamp and resell

jacko99


Joined: 26/06/2009
Posts: 52

Message Posted:
26/10/2011 15:45

if you have a contract you become a beneficial owner and the legal owner still has control it is aform of trust

and the land registry recognises this when you register a contract there and pay stamp duty(or wahtever they call it) if this situation

were uk would be easier to enforce thru courts the contract means you have a right to get to get title i think there are many sitauations with tc owners where land changes hands is sometimes still in the origiaal owners

name it can avoid taxes it was like a cheque that used to be passed around in the furniture buisness that was not crossed(between the trade)but of course it is better to have title but does not mean you have nothing

most with contract have possesion and key and the contracts as far as i know you can put charge on land

(after paying stamp duty)but in situation where builder is not the land owner and the landowner is not party

to it that lawyer would be NEGLIGENT PROFFESIONEL NEGILGENCE INSURANCE IS NEEDED NOW IN TRNC

fosterscan


Joined: 27/02/2010
Posts: 541

Message Posted:
26/10/2011 15:54

Both can mortgage these but they probably wont anyway so no problem.You may have your kocan but the greekcypriot owner still owns the land your house is on ohh dear...

Just enjoy what you have got while you still can.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
26/10/2011 17:12

Msg2 jacko99



Interesting posting. Does the designation Beneficail Owner have to be made by the Courts, or are you



just assuming that is how it would be interpreted in law.



Has any precedent been made in the Courts to your knowledge?



wyn

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 19:27

When you go to the courts there is no Performance Law here, so the if the case is found in your favour the court will award compensation but not your house as the contract is null and void. The contract is null and void. Therefore the builder/landowner can sell it or mortgage it.



I bought a villa and the builder Cafer Yucelgazi for appox £92k. He went broke and the Landowner Hasan Sungur had refused to sign the contract of sale. The Advocate told us that this was not necessary and we even came over in 2008 to register the contract and paid £250 to do it. In 2009 the builder said he was broke and the landowner says he did not get his houses so now he wants £20k and the Builder also wants another £20k. But I own NOTHING - I don't own the land and I don't own the bricks and morter = so i own NOTHING.

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
26/10/2011 20:08

I understand Hildy.



Jacko99 seemed to have an interesting point. His response will be interesting to a lot of people.



wyn

jacko99


Joined: 26/06/2009
Posts: 52

Message Posted:
26/10/2011 20:43

beneficial owner bit is in regard to english law a form of trust remember when u exchange contracts in uk

it is duty of purchaser to insure and if vendor does not complete the purchaser has recourse in law for some sought of compensation but contract never registered at land registry only transfer to new owner, but since trnc law is based on colonilal law that is why trnc allows contract to be registered at land registry recognising ffact of beneficial ownership and a form of trust with basicaly the landowner hold it in trust as a nominee untill

title transfer to purchaser and a charge or contract registration would stop selling/morgaugeing even a trustee

or personel reprasentative of a estate can sell/or borrowing on land in going against anything it says in a will

becauce any new purcahser does not see will they only see grant of probate/letters of administration

a benificery would have to go to court get injuctions to stop or sue for breach of trust it is the system out there

fosterscan


Joined: 27/02/2010
Posts: 541

Message Posted:
26/10/2011 20:53

Hildy after reading the freepress story what a crazy position to be in, you pay your money to the builder he breaks his contract and walks away.The land owner is free to sell the land again unbelievable.

jacko99


Joined: 26/06/2009
Posts: 52

Message Posted:
26/10/2011 20:55

is corupt hard to enforce and most contracts have provision in about a charge but solicitors have either been bent or grossly neglient not adviceing clients to get the cahrge as soon as deposit paid which most woukld have got and if a search had have been done a nd find out already charges on land do not proceed with contract taht is why enqures before contract are done in uk to protect and then if layer messes up

u can sue cos they have insurance until they sought out how they conduct ther legal buisness ther will never

be any confidence al they do is take peoples money no risk to them has anyone ever heard anyone sueing a solictor out there, some to be fair try and clear up there negligence up others cover it up but you must remenber

back in 2003 etc the boom had only just started it was all new to them and then suddenly ther was the building explosion and they just raked the cash in and would not have coped if they had done it properly but if they all had negligence insurance

jacko99


Joined: 26/06/2009
Posts: 52

Message Posted:
26/10/2011 21:16

and another point in trnc the tax office values the contract for inheritace tax purposes at the contract price

the threshhold was 20 times the minimun wage at about 1 percent above that level which would hardly be anything above 300,000 tl i would have thought it would never be adviceable nevrer to admit you do not have some sought of beneficial interest by trying to avoid paying it, hildy i think it is you lawyer who is at fault

allowing you to sign contract to buy from a builder with no power of attorney or control of land who has dodgy past and certainly has no special building expertise on building on side of mountain i would say only

5 percent of so called builders in trnc would know how to do it properly without slideing down side of hill

next time the heavens open a little bit more than they have experianced in a few years everybody in girne knew how dodgy cafer is /was i think he had 300 cases agianst him in 2006/7 they were queing outside the courts and getting nowhere

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
26/10/2011 21:20

jacko99.



Thanks for your response. I have gone for a lie down.



wyn

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
26/10/2011 21:42

Jacko

I love the use of the word 'trust' !!!!!!!!!

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
26/10/2011 21:50

Hildy,



You know the old adage "In God we trust, all others pay cash"



wyn

TRNCvictim


Joined: 17/08/2010
Posts: 1417

Message Posted:
26/10/2011 22:08

Confusion is exactly what the TRNC con-men rely on :-( every victim, in this country is confused and needs to lie down! and most of the con-men including the Government hope they will lie down and die, and if they wait long enough, we will all have died long before any-one will be paid via compensation through the courts! who have no intention of paying anyone, anyway, the next court hearing is on............. take your medication, pay your advocate.................... and continue .............. when your dead your file can then be shreaded or if before you lie down and die you have the nerve to upset your advocate in anyway,by asking question, they will then throw your file at you (when you have already paid them x amounts of TL or sterling) and tell you to find another advocate (whatever that word means)!



Has anyone ever in the TRNC been awarded damages (for property fraud) and been paid in full?............

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
26/10/2011 22:12

TRNC,victim,



I do like people with a sense of humour!



wyn

jacko99


Joined: 26/06/2009
Posts: 52

Message Posted:
26/10/2011 22:43

divide and rule/conquer it is ther country i suppose as far as they see it they will always b right

but the bad ones give the good ones a bad name an taint the whole country it must have been difficult

surriveing all those years wiv embargo until boom came and so tempting to take cash afterall in in less than one generation from farmers fishermen etc to bulders, estaate agents, lawyers and the wow bonanza

its xmas all at once the lawyers got conveyancing then the liigation and in some cases probate job (long and expensive) talk about all the bites of the cherry there is firms of solicitors who would give right arm to be

practiceing in trnc from uk (ha ha get it paracticeing) why they say that for proffesionals like doctor dentist

etc and we say nothing

walkerscott


Joined: 13/08/2009
Posts: 901

Message Posted:
26/10/2011 23:03

http://www.no-deeds-no-money.moonfruit.com

HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
27/10/2011 02:01

yes and not only them but their wives to:

for the 1st year we understood that Ayhan Sener was the Advocate, we later found out (when the s**t hit the fan) that she was only (I say ONLY) his wife!!!!