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Old 14th February 2009, 11:06   #1 (permalink)
Stevie B
 
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another Tapu question

Hi Y'all
sorry to bore you all with another Tapu question...But!
Can anyone enlighten me..I received an email from my lawyer this week to say my Military permit has arrived in his office,at long last!!! and also that the elusive developer..has told him the habitation cert will be ready to lift in 3 weeks time....
Times being as they are....i haven't got 400 quid to waste on myself and my wife going over to sign for the tapu etc and find that the developer hasn't bother his ass to show up at the tapu office....like a few other developers.. he's hard to find when your looking for him....or there's money to pay out!!!
My lawyer has power of attorney to act on our behalf and sign for our tapu.....So! my question is ....if he signs for our tapu....is there an additional charge at the tapu office when we go to sign the tapu from his name into our name....If the cost was 2 or 3 hundred quid to change the names at a later stage....we would be better getting a break away now and finalizing the tapu while whilst there.
Any advice is appreciated...Regards...Stevie
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Old 14th February 2009, 11:16   #2 (permalink)
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Re: another Tapu question

If you have a chance to get your hands on Tapu take it and sign yourself better to have it than take the risk of it falling into the hands of the usual suspects and it becomes a nightmare to sort it .I think you have to pay to change Tapu ,but someone will let you know .Take care Mike.
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Old 14th February 2009, 11:22   #3 (permalink)
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Re: another Tapu question

Hi

our solicitor had power of attorney, our Tapu was at her office two months before we picked it up. It was in our names - we just collected it from her.
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Old 14th February 2009, 11:40   #4 (permalink)
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Re: another Tapu question

Hi
We had a similar experience. Our lawyer had power of attorney. We picked up our Tapu from his office it was already in our names.

Dont forget that once you get your tapu you need to register your owownership at thhe Belediye.

We did nott have to pay any extra it was all part of the originally agreed fee.
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Old 14th February 2009, 11:50   #5 (permalink)
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Re: another Tapu question

Hi Steve
I suggest you take the precaution of emailing your solicitor asking him to confirm that the property value stated on the Tapu will be the sales contract value in Turkish Lira calculated at the exchange rate applicable at the contract date.
Could save you a lot of future hassle.
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Old 14th February 2009, 11:54   #6 (permalink)
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Re: another Tapu question

Your lawyer has your power of attorney to sign on your behalf, which means that TAPU will be in your name, he is only signing and collecting for you, there should be no other charges.
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Old 14th February 2009, 14:33   #7 (permalink)
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Re: another Tapu question

Yes the solicitor having an appropriate power of attorney is empowered to act upon your instructions to receive the registration of ownership of the properties into your name, which will result in a Tapu being issued in your name.

The Tapu is not a title deed - it is a certificate showing the ownership and related cadastral data of the underlying property. The modern Turkish land registry system is not based on title deeds - it is based on registration of ownership in the registrar, which is the land registry ledger of each local office.

Instruct your solicitor not accept transfer of ownership until the solicitor has received from the seller a bonafide and legally compliant Yapi Kullanma Izin Belgesi- which is probably what you are referring to by habitation certificate - also referred to as Iskan. Ask the soliciotr to email a scan of the document to you.

You could go one step further and insist the seller register the Iskan and unpgrade the status of the property so that when the Tapu is transferred into your name it is Kat Mulkiyeti instead of Kat Irtifaki.

Registration with the local council afterwards will thus be no more than a procedural technicality, as far as the cadastral issues are concerned.
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Old 14th February 2009, 15:41   #8 (permalink)
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Re: another Tapu question

All very good advice Darren.
If he manages to achieve that he will indeed be blessed!
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Old 14th February 2009, 16:59   #9 (permalink)
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Re: another Tapu question

Hi all
Darrens advice is indeed spot on and technically perfect as to how these things should be done at this stage.
SO WHY THE BLOOMING HECK ARE THEY SO MANY COCK UPS.lol
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Old 16th February 2009, 14:01   #10 (permalink)
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Re: another Tapu question

Hi Folks,
I emailed my lawyer on Friday and ask him to sign for our Tapu....He now tells me he cannot sign for us as he used our power of attorney previously at the notary office to complete the sales contract
I was of the thinking....that once we signed over power of attorney to our solicitor it was valid until we said different????
I have emailed him a reply and ask him....but...maybe we only gave him POA to finalize the sales contract....I can't honestly say......
Thanks Jearden for the PM....but it looks like the lawyer is covering his back as far as the stated price on the tapu is concerned....as usual it will be up to us to sort things out and declare the full purchase price or not as the case may be.
Why is nothing ever simple...If we declare the full purchase price there is no way the developer/builder is going to turn up at the tapu office......to pay his taxes on the property or the extra income tax on his profit.....or do we.....go with the flow and get our tapu....but with the understated valuation...What a mess!!!
Get me the diazapan!!! Stephen
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