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Old 16th September 2012, 10:47   #1 (permalink)
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Land Boundaries?

Don't know if anyone will be able to help but we have a query about a land boundary. We own a piece of land and when the kadastro came around recently to measure it found that the neighbouring land owner had built the terrace of his house and all of his front garden is actually on our land. There is an amnesty at the minute regarding boundaries that allows each land owner to 'give away' part of their land (either free or for payment) and then the tapus will be changed accordingly. Well the land owner that has illegally built part of his house on our land is refusing to part with any payment for our land where his house and garden stand so we are refusing to give him that piece of land onto his tapu. What can we do about reclaiming this part of our land as it is becoming an ongoing battle, the neighbouring house has stood there for years and nobody has ever bothered, but now we want to sell the land and want it all back, he has the money but doesn't think that we will bother to do anything about it so the stalemate continues!

Can we actually claim back this part of our land?
How do we start the process?

Thanks for any help you can offer


Sara
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Old 16th September 2012, 11:52   #2 (permalink)
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Re: Land Boundaries?

Hi Sara,

You have to speak to a lawyer I'm afraid. This issue can only be settled in court. Often the court will demand payment be made (land price per sqm) to settle the dispute, but sometimes they knock the property down (this seems to depend on the type of land the property is built on). If part of his property is on your land then it can't have been built legally, or be registered on his tapu, because property has to be built a minimum of 3/5 metres from your own border (again, depending on the classification of the land).

Try a threat of legal action, and tell him he will have to provide proof that his property is legally built during this process, and then perhaps he'll cough up and realise it's simpler to settle out of court.

Good luck,

Charlotte
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Old 16th September 2012, 12:08   #3 (permalink)
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Re: Land Boundaries?

Go to the Belediye and tell them you want to build a stone wall on your boundary line, get the mapping engineer in to mark out your co-ordinate points. Try to make sure your neighbour is aware of what is going on. If he is unmoved by any developments so far bring in an excavator to start digging the trench for the wall foundation. I think you will be having your meeting with your neighbour soon thereafter. All a bit harsh I know but cheaper that lawyers and court cases, this is Turkey remember.
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Old 16th September 2012, 12:42   #4 (permalink)
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Re: Land Boundaries?

Hi, thanks for the replies both of you, we have already had the land mapped recently, that''s how we found that part of his house was on our land, we knew about the garden already. We had agreed on a sum of money for what amounts to 1400m2 of land but now his family have decided not to pay as they don't think we'll do anything about it, very frustrating as we thought it was all sorted out. The houses are all village houses around here, none were on the tapus until the last couple of months, when Bodrum belediye decided to register all village houses in the area so as to be able to collect tax on them. Now we are all going to get new tapus with the houses shown on them, so I am presuming that the premissions given on the original build of the illegal house on our land was by the local muhktar as is the case in 'koy evleri'.

I am slowly losing patience with all the wrongs in the law in Turkey, we also own the land that the road through to the top part of the village runs through, again, no road shown on the kadastro map therefore when we close off our land as we are entitled to there will be a few families that will not be able to access their houses! Just didn't want to have to go down that route, it's not even as if we are asking for a huge amount, just wanted to get it all sorted out while we had the chance and the whole amnesty thing was on, but their attitude is really making me mad now, just want to get a bulldozer in and start demolishing lol




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Old 16th September 2012, 12:54   #5 (permalink)
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Re: Land Boundaries?

If the property is registered then I wouldn't touch it with a bulldozer
No one can make another person give away their land - they have to be compensated.The court would probably make him pay in this case too, if the property was recently registered. Perhaps try agreeing a new price, to save you both the hassle of court. Make sure he realises that there's no way you're giving him the land for free. Maybe ask the local mutar to help settle the dispute.
Remember, if you do hire a lawyer he will have to too, and if he doesn't want to pay his own neighbours for land he ultimately stole, he's unlikely to want to fork out for legal services.

I hope you get this issue resolved soon, let us know how it goes,

Charlotte
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Old 17th September 2012, 08:01   #6 (permalink)
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Re: Land Boundaries?

JCB....Then build a wall...Simples
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Old 17th September 2012, 09:51   #7 (permalink)
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Re: Land Boundaries?

Quote:
Originally Posted by Mig62 View Post
JCB....Then build a wall...Simples
My feelings exactly but unfortunately we have to live in the same area so diplomatic to start with, then when all else fails 5ft concrete wall running straight through his house and garden! Just annoying that he seems to think that as we are 'yabanci' we will just give him the land for free.
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