Calis Beach and Fethiye Turkey Discussion Forum
Calis Beach Forum => Expat & Property Owners Q and A Forum => Topic started by: Talk Turkey on April 06, 2011, 20:36:53 PM
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Hi there everyone. I seeking to tap the combined knowledge and experience of CBF members by asking for your advice with an issue that has arisen with our property whilst we have been away. Your help will be appreciated.
Last September we locked and secured our property and returned to the UK. Whilst we have been away a property developer has built two new properties in front of our villa. We have no issue with the fact properties have been built. However, what does concern us is the fact that the builder has built a new wall on top of our existing wall - thereby raising the height by approximately a metre - and then removed our access gates to our property, and filled in the space by continuing with the 'new' wall.
The result is that we now have no access to our property and are effectively 'landlocked' which means the next time (and from now on until we find a solution) we visit our property we will have to walk though our neighbour's garden and climb over their wall to get into and out of our property which is a far from satisfactory situation.
Whilst we appreciate things are 'done differently' in Turkey to effectively deny someone access to their property seems to go against all the principles of common sense and 'natural justice'.
So, if there's anyone out there in CBF land who can offer the benefit of their (sensible) advice we would be very grateful.
TT 8)
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Well!!!! I have heard of some unusual things going here but that takes the biscuit. Sorry can't offer any help but left stunned that no-one said anything to the builder??? :o
Feel sure someone on CBF will have the answer though Good luck
:) C
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Thats outrageous what they have done. You would not stand for that type of action in the UK and likewise shouldnt do so in Turkey. Clearly a discussion with the developer would be the first course of action with a translator in tow. If they refuse to play ball then legal action would be the next recourse. Might be worth checking the deeds / property plans that you have to ensure that your boundaries are correct but assuming that they are - they should not have the right to do this. If no one on the forum can recommend someone to help you with this (eg lawyer they would recommend) send me a pm as I have some Turkish friends and Im sure that they could advise / recommend someone to help.
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Cinders & Happy Monday, as you say it is certainly a stange situation. A Turkish friend is making enquires in an effort to determine who the builder is and hopefully we can enter into negotiations next time we come out - I only hope common sense will prevail. Taking professional legal advice is always an option of course, it's just in the meantime I'd welcome the comments/observations/experiences of other CBF users. 8)
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Where is the property? I can't think of many (any?) Calis plots that are landlocked, they were generally planned with at least a road to one aspect - this sort of thing is not uncommon in rural areas but not 'in town'. My gut feeling is that the builder is trying it on, so you need legal advice.
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Hi Scunner. At this stage I'm relucant to reveal where our property is - not because I distrust any CBF members - but in an effort to prevent this topic heading off down the lines of name calling a certain well known (to CBF members) developer in the area from whom we orginally purchased our property. As things progress I've no doubt you will work out who it was. Also, although I have my suspicions they are behind this new development I'm not sure so am being cautious as to what I say, keeping to the facts - as I see them - and avoid speculation.
It's a long story that started over two years ago now when we were approached by the developer from whom we brought our property who offered to move our gates at no cost because we were 'valued customers'. They wished to develop the land in front of our property for a 'client'. When we refused all went quiet until September last year when we were approached by the new owner who offered to work with us for the benefit of us all. This arangement seemed to be going along nicely and we verbally agreed what work i.e moving of the gates would be carried out. On arrival back in UK we emailed a plan of what had been verbally agreed. This person has now sold the plot onto another builder only known to him as 'Mustapha'
- hmmm!
We've been back to the our original builder and seen the original plans. I've no doubt our property was built in accordance with local planning/development regs. Our proprty had been allocated 'house' number on the Sokak that used to be in front of our house and on which these properties have now been buily.
As far as I can ascertain in the interveining period from when we were first approached two years, certain things have gone on whereby small parcells of land have been re-allocated/redesignated thereby allowing a piece of land to 'grow' until it was the right size for development.
Like I say, I do appreciate things are done differently in Turkey but to actually landlock a property seems to be absolute nonsense. Hence this posting in an effort to determine if we have any right of access. 8)
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I have seen in the UK situations where ransom strips have caused havoc. A ransom strip is where the road verge is owned by someone and if a solicitor does not pick it up when a piece of land is bought you can finish up without having any access to the road.The person who owned the ransom strip is perfectly within his rights to prevent the purchaser from accessing his property. The name of ransom strip comes from the fact that the piece of land is normally worth nothing until someone needs it for road access and then it achieves an extortionate value.
The fist place I would head for is the council offices as they would have detailed plans of each plot and any proposed roads. It should at least be able to tell you if you are landlocked.What I do not understand about you saying you are landlocked is the point about that it was originally suggested to move the entrance gate. If that was done then you would have had access.
One thing that you might be able to bargain with is the increasing the height of the wall as that wall should have been on your land I doubt if they have the right to build on it without your consent. At least you cannot do this in the UK.
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quote:
Originally posted by Talk Turkey
At this stage I'm relucant to reveal where our property is . 8)
Is yours the "blue house" ? - I have been watching the new builds in front with interest.
If not, I think someone else in Calis may have a similar problem :(
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I think this is Ovacik rather than Calis
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sounds a nightmare -
just a thought but might it not be worth a quick word with the zabita first if you believe your home to be all in order and the access has been cut off?
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Pretty sure we will have to seek legal advise next time we're out/Just had confirmation our entrance has been 'bricked up' with the new wall.
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generally legal process takes several years in Turkey - I do know of english owners with access problems that have found the zabita to be both helpful and quick in sorting things.
Additionally I believe there are height restrictions on boundary walls, there certainly are in our area.
I guess it depends if you think the new builder is pulling a fast one.
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Hi hubblebubble. Yes your absolutely right. Hopefully we'll be able to enter into discussions with the builder once we get out there and identify who he is, whilst at the same time talking with the Zabita. TT 8)
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Do you have a maintenance contract with anyone? As usually they keep an eye on what is going on with your property.
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Hi Jacqui. We have plenty of people keeping an eye on the property - hence the reason we know our walls have been built upon and our gates bricked across. Back in October last year, one of the owners of the company from whom we brought the property, agreed to carry out the work required at no cost to us. Six months later the work still hasn't been completed and that same person refuses to pick up our calls on his mobile! (We severed our ties with this particular company due to fact that despite paying for the service they weren't paying our bills!)
The primary reason for posting this on the CBF was to try and determine what (if any) Turkish laws exist that protect the right of access of an owner to their property. Common sense dictates any owner must be allowed access to their property and not have it blocked off. We'll await developments and I'll keep you posted. TT 8)