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Cyprus Eastern Forum Index » Ask Nigel A Question » private road
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private road 
Post: #1   PostPosted: Tue Jun 12, 2018 12:47 pm Reply with quote
mamas boy
Joined: 07 Mar 2012
Posts: 75
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Location: Paralimni

 
Hello Nigel,
quick question, we have applied for our deeds but our lawyer says that there is a problem because there are no visitors parking bays marked out. The estate we live on is a private road, also that the green area is not maintained.. is this information correct.
Thank you in anticipation
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Post: #2   PostPosted: Tue Jun 12, 2018 1:06 pm Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Hi mamas boy

I'm sorry but I can't say whether what your lawyer has advised you is correct.

You will need to check with the planning office.

Regards,

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private road 
Post: #3   PostPosted: Tue Jun 12, 2018 2:46 pm Reply with quote
mamas boy
Joined: 07 Mar 2012
Posts: 75
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Location: Paralimni

 
Many thanks for your reply Nigel. Neither of these issues were raised via searches when we purchased the property and it was always my understanding that green play areas where the responsibility of te developer.
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Post: #4   PostPosted: Tue Jun 12, 2018 3:12 pm Reply with quote
nhowarth
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The search when you bought (presumably off-plan) would not have highlighted issues like these.

It's only after all building work has been completed and the planning authority inspects the work that such issues become apparent.

Although green areas are created by the developer, it's usually up to the local authority (community/municipality) to maintain them.

Regards,

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private road 
Post: #5   PostPosted: Wed Jun 13, 2018 4:44 pm Reply with quote
mamas boy
Joined: 07 Mar 2012
Posts: 75
Pictures: 0
Location: Paralimni

 
Hello Nigel, thank you for the information and I apologise in advance for being a pain but,
we had a meeting with our lawyer today who expanded on the problems highlighted by the planning department. Our property was 10 yr old when we purchased it in 2016, the issues we now face are..... no disabled / visitors parking bays marked out, estate boundary walls to high ( they are below the required height ) the green area has not been signed off and certain parts of the complete site had not been supervised or signed off.
I argued the point that these were all issues that the developer should have dealt with.
I am now expected to accept my deeds with a non compliance order on them or pay to have these issues resolved.
Any advice would be greatly appreciated
many thanks
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Post: #6   PostPosted: Wed Jun 13, 2018 6:45 pm Reply with quote
Steve - SJD
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Unfortunately the only thing you can really do, if the developer isn't going to
do it, is to talk with the other owners on the development and see if you can
club together to rectify these issues.

Thankfully they don't, from what you have mentioned, seem to be that
expensive to put right compared to others that I have heard about. I know
that will not be much comfort but the alternative isn't that good.

Not sure what you mean on this bit though:
"estate boundary walls to high ( they are below the required height )"

These planning offices need to show some leniency given the silly system
in place - but they rarely do!

Cheers

Steve
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private road 
Post: #7   PostPosted: Thu Jun 14, 2018 4:53 am Reply with quote
mamas boy
Joined: 07 Mar 2012
Posts: 75
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Location: Paralimni

 
Hi Steve, thank you for your reply, I understand to some extent the nightmare system here in Cyprus but these are all issues that are the responsibility of the developer. We cannot go on and continue to solve the problem they created by merely throwing money at the problem, money that some people do not have or should not be forced to part with because of incompetent developers.
The wall in question runs down the side and across the back of my property, separating us from the farmers land. The planning department state that the concrete wall should be no higher than 1.2 metres, it is only 82 cms high but there is a fence attached, which takes it to 1.4 metres, again something installed by the developer. We applied for our deeds underthe trapped buyers scheme, to what end, if we do not pay, as is suggested, then we are trapped. It'sall a con in my opinion and once again the decent honest people get stuffed.
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Post: #8   PostPosted: Thu Jun 14, 2018 5:05 am Reply with quote
billibob
Joined: 08 Mar 2014
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I was under the impression that applying under Trapped Buyers Law meant that it was compulsory to pay for the Deeds regardless. Which, if true, means we are all even more trapped as the Land Registry will not transfer your 'dirty' Deeds to a purchaser should you wish to sell in the future so we are stuck. However, we can sell now if we could find a buyer and the LR wont have a problem!

If i have got this right - then this is madness!!

Good luck.
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Post: #9   PostPosted: Thu Jun 14, 2018 6:22 am Reply with quote
nhowarth
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Hi mamas boy

I'm sorry to say that the only way you'll be able to get 'clean' Title Deeds is by paying to correct the issues identified by the planning department.

I agree that these issues are the responsibility of the developer. But if he is unable/unwilling to sort them out then you will have to pay.

As Steve has said others on the development should share the cost.

And you could sue the developer to recover your money.

Regards

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Nigel Howarth
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private road 
Post: #10   PostPosted: Thu Jun 14, 2018 2:18 pm Reply with quote
mamas boy
Joined: 07 Mar 2012
Posts: 75
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Location: Paralimni

 
Nigel thank you once again for your invaluable advice. My only point now is the trapped buyers scheme is worthless and serves nno purpose, apart from taking the money we paid to submit the application to boost the inefficient and failing system.
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Post: #11   PostPosted: Thu Jun 14, 2018 3:40 pm Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Hi mamas boy

The government is supposed to be working on improvements to the 'trapped buyers' law - hopefully these improvements will enable you to get clean Title Deeds.

Some developers just walk away after they've sold and built the houses as they save money by not completing pavements, roads, green areas, etc.

Regards,

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Nigel Howarth
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private road 
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