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Old 28th October 2010, 22:33   #1 (permalink)
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Question Truth or bull

Hi,
I have asked several questions with the hope to purchasing very soon in Turkey and most certainly have been answered questions I hadn't even thought of! Can anyone help with this? The Development I was originally looking at in Akbuk is made up of 2 buildings, one with 6 apartments and one with 10/12 (I think) over 3 floors. All the marketing promotional info of the Pines highlights that the ground floor apartments have private gardens and the top floor apartments have private roof gardens. Both of these choices appeal to me but another agent says that this is only allowed under Turkish Law if all the other owners agree? It makes me doubt the rest of the info I was given and I would also like to know if this can be the case if it is only partly sold, how could all the owners agree if they aren't all owned yet.Confused! I am. It could just be that the other agent wants to put me off this one, can anyone clarify? I am so pleased I joined this forum and very grateful for the private msgs I am receiving. I head off on business in the morning but hope to get a chance to check in over the next few days. Thanks in advance B
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Old 28th October 2010, 22:47   #2 (permalink)
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Re: Truth or bull

You will find that many Emlaks tell you what you want to hear. If you ask if something is possible they will tell you it will be no problem. It is a problem if the plans submitted to the council do not allow for terrace garden or roof terrace. It might be worth employing Crescent Homes (CarolK or Mushtaq) to find out more about this development before you commit any money to it.

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Old 28th October 2010, 23:00   #3 (permalink)
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Re: Truth or bull

I am not a legal expert so would not want to say what might or might not be ok or allowed.

Think of it this way. Would you walk into an estate agent in the UK and pay for a property without having a solicitor look over the deeds, land registry and stuff? Would you buy a property from a UK builder off plan without hiring a solicitor to do the legal side of things? If you would not do this sort of thing in the UK, then why do it in Turkey?
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Old 28th October 2010, 23:46   #4 (permalink)
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Re: Truth or bull

In my experience lot of developments have been tweaked after the properties have been sold off plan and building started, so there is no guarantee that you will have all you have been promised at the sale stage.

Personally I'm not sure how well a garden will do in Turkey if it's only a holiday home, the same goes really for your private ground floor garden, unless it was communal and they are taken care off by the gardeners.
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Old 29th October 2010, 00:15   #5 (permalink)
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Re: Truth or bull

Truth or Bull you've asked? Go and have a serious chat with Crescent Homes as your first port of call. You'll get an excellent ground base from which to base the rest of your journey on.
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Old 29th October 2010, 06:33   #6 (permalink)
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Re: Truth or bull

Good morning realy sound advice yes please use a solicitor i didnt i trusted the emlak because they had 2 english people working for them and nearly lost my property but very fortunatly didnt but it cost me a lot more than it would have if i had used one in the first place ! Good luck and dont be rushed into anything there are tons of properties for sale in Turkey
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Old 29th October 2010, 07:48   #7 (permalink)
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Re: Truth or bull

A roof garden.

Does this mean that you can have a few seats , flower pots and a gazebo?
Who is responsible for any roof maintenance?
Will the rest of the apartment owners say that you caused the problem with the roof because you are always up there and causing unneccessary wear and tear?
What is the situation with the tapu if only a few apartments are sold?
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Old 29th October 2010, 08:23   #8 (permalink)
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Re: Truth or bull

Quote:
Originally Posted by Omentide View Post
I am not a legal expert so would not want to say what might or might not be ok or allowed.

Think of it this way. Would you walk into an estate agent in the UK and pay for a property without having a solicitor look over the deeds, land registry and stuff? Would you buy a property from a UK builder off plan without hiring a solicitor to do the legal side of things? If you would not do this sort of thing in the UK, then why do it in Turkey?
There is a very large flaw in your advice, solicitors in Turkey are very
different to solicitors in the uk, they are not trained for property conveyancing
Turkish buyers have never used solicitors for buying property.
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Old 29th October 2010, 09:35   #9 (permalink)
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Re: Truth or bull

Quote:
Originally Posted by Bounce View Post
Hi,
I have asked several questions with the hope to purchasing very soon in Turkey and most certainly have been answered questions I hadn't even thought of! Can anyone help with this? The Development I was originally looking at in Akbuk is made up of 2 buildings, one with 6 apartments and one with 10/12 (I think) over 3 floors. All the marketing promotional info of the Pines highlights that the ground floor apartments have private gardens and the top floor apartments have private roof gardens. Both of these choices appeal to me but another agent says that this is only allowed under Turkish Law if all the other owners agree? It makes me doubt the rest of the info I was given and I would also like to know if this can be the case if it is only partly sold, how could all the owners agree if they aren't all owned yet.Confused! I am. It could just be that the other agent wants to put me off this one, can anyone clarify? I am so pleased I joined this forum and very grateful for the private msgs I am receiving. I head off on business in the morning but hope to get a chance to check in over the next few days. Thanks in advance B

Hi
I believe this is normal in flats.

We are looking to buy in Istanbul at the moment.

My husband wants a ground floor duplex, because of the small garden which surrounds it. Even though if you buy the flat, and own it, officially the garden is a communal area belonging to the building. In essence the other flat owners have legal access to it. Of course if you make it nice and put chairs out, you don't want you neighbours rocking up whenever they feel like it!!! But, they should have some respect for the fact that you've worked on it, and keep it looking nice for the benefit of the building.
Same goes for the roof garden idea. It is in fact communally owned by the owners of the flats in the building
.
I guess it just depends on your neighbours, and the relationship you have with them.
If you keep it looking nice, and occasionally ask them to join you for a cup of tea in it they 'should' respect that you do the work on it, and have more access to it, and not bother you!
Legally, if they wanted to put their washing up and have a tequila party in your garden - they can!!!!!!

Good luck.
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Old 29th October 2010, 18:44   #10 (permalink)
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Re: Truth or bull

i went up today and had a look at this development for you. ive taken some fotos which i can send you if you pm me your email address. there dont appear to be individual gardens for the ground floor flats. there are communal gardens, same as most developments, which they appear to be grassing over but all open, not separate for each ground floor flat. i couldnt see the roof terraces, but i've never seen any roof gardens round here . . . . would be hard work carrying the water up there to water your hanging baskets ;-)
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