Kokan and land deeds

brend


Joined: 20/01/2009
Posts: 149

Message Posted:
12/09/2010 17:31

Hi sorry to bring this up again but need help.

When we bought our villa (which is on a complex) there are 71 residencies on it and we got told that we each owned 1/71 of the communal area plus pool. Apparently now they are saying that only 41 residencies that are situated round the pool are legally compelled to maintain gardens and pool. We can, if we want to use the pool, pay maintinance but don't have to if we don't use the pool. I have got my Kokan for my villa but now they are saying the Land Deeds are ready which have no mention of the communal land or pool. Has anybody else got land deeds. I thought this was part and parcel of our Kokan. Would love to know if anybody else on a complex has land deeds as well as their house deeds.

Brend

clifhanger


Joined: 06/09/2010
Posts: 128

Message Posted:
12/09/2010 17:33

who told you each owned 1/71 ?



have you a contract ?



what does that say ??



Apparently now they are saying that only 41 residencies that are situated round the pool are legally compelled to maintain gardens and pool.



who are they ??

brend


Joined: 20/01/2009
Posts: 149

Message Posted:
12/09/2010 18:18

The Builders and the "committee"( don't want to go into the committee thing on here.) All I need to know is has anybody else got villa deeds AND land deeds, as I thought that your Kokan was the only deeds you need. And is there any other complex that have both land deeds AND villa or apartment deeds. Sale agreement says 1/71. Kokan is in Turkish and I will get it translated. In previous meetings, with Builder and previous committee, the builder has stated that we all own a part share of communal land and pool therefore we all have to maintain. By the way we have been paying fees for last six years so am not trying to get out of paying them. Its just after six years to be told we don't have a share in communal pool and land it is a bit of a shock.

Brend

pollymarples


Joined: 08/08/2010
Posts: 1778

Message Posted:
13/09/2010 07:59

Brend



In common with most people, I think you will find you only own 1/71 of the LAND on which your home

stands and unless the Kocan clearly states otherwise, that is the case. With regard to the communal

pool - take legal advice or perhaps go to see Marian from HBPG at her clinic PIA BELLA Tuesdays mid day.

Sounds like something she could help with.



It is surprising how many people have Kocans but their house is not on it. Obviously if you own the land you own all that stands on it BUT it can become a problem when you sell because the purchasers advocate

will usually insist the house is put on the Kocan.

scoobydoo


Joined: 10/11/2008
Posts: 2434

Message Posted:
13/09/2010 08:57

This happened to us where we used to live but it was only a small complex and we all decided it was unfair on the 3 houses that were not included so we agreed that they too could pay the maintenance (it actually kept our payment down) they could use the facilities.



We seeked legal advice and unless the kocan clearly stated the pool was included then it wasn't. Same as the land, we all owned a % of it and those that did not have the pool on their kocan had no right over it.



It was a surprise to everyone as no one knew this until the kocans were being issued.



I would take the advice of msg 4 and see Marian tomorrow at the Pia Bella and follow up with legal advice if you are still unsure of your situation.