Good or tricky situation!

[footy123]

Hello Nigel,not a question this but would appreciate your view on this strange situation.
We have been to the authorities about our title deeds and they tell us we can't have them because the developer who built the properties next door has built a retaining wall in the wrong place taking some of our land.When we asked the authorities what can we do they said "claim the land back they have taken"...Now this is were the fun starts..If we claim our land back or even rebuilt the retaining wall ourselves which the authorities say we have the right to do so then the eight people who have bought the properties next to us WOULD NOT BE ABLE TO GAIN ACCESS TO THEIR OWN HOMES It would in fact render their homes landlocked.
At this moment the developer who built the homes is very politely trying to contact us
Whats your take on this Nigel,or in fact anyone else reading this.

[Nigel Howarth]

Hello footy123.

Interesting! It would appear that the developer incorrectly marked the boundary and it is possible that the other properties may have been built in the wrong place.

The surveying technology employed these days is very accurate, to within a few centimetres. Your plot and those of your neighbours were probably surveyed some time ago when the technology was not so accurate and this is why one of your boundaries has moved. (Two friends of mine have a similar problem - one of them lost part of his garden as a result).

Alternatively, the developer's surveyor may have made a mistake when setting out the plots - or the developer may have built the retaining wall in the wrong place in error.

And yes, you can claim back the land you have lost - but I suspect that your neighbours might complain!

Possibly the easiest way forward is to merge the plots into a single plot - and then sub-divide the land again so that the plots are recorded as they are. This is going to involve the developer in some work and he will probably have to have plans redrawn and submit new planning and building permit applications. I'm afraid this is going to take quite some time to resolve.

Sound out the developer and find out what he is proposing.

Regards,

[Pantheman]

Hello Nigel,not a question this but would appreciate your view on this strange situation.
We have been to the authorities about our title deeds and they tell us we can't have them because the developer who built the properties next door has built a retaining wall in the wrong place taking some of our land.When we asked the authorities what can we do they said "claim the land back they have taken"...Now this is were the fun starts..If we claim our land back or even rebuilt the retaining wall ourselves which the authorities say we have the right to do so then the eight people who have bought the properties next to us WOULD NOT BE ABLE TO GAIN ACCESS TO THEIR OWN HOMES It would in fact render their homes landlocked.
At this moment the developer who built the homes is very politely trying to contact us
Whats your take on this Nigel,or in fact anyone else reading this.

Dear Footy, you information is not so clear. you dont say if you are the sole owner of the encrouched plot of if you are on a development waiting for title deeds?

In case:

a. If you are the sole owner, I don't understand why you say the LR won't give you your deeds


B. If you are part of a bigger development, then your own developer is responsible to negotiate the the next door developer to sort it out.

Eitherway, if you could just clarify I may be able to offer some input.

[footy123]

Thanks Pantheman for your interest.

Ours was an old cottage which we have renovated and substantially extended over the past four years.It is estimated that when we bought the cottage it must have been well over 100 years old.
We have learned that the previous elderly lady occupier complained to the authorities around 2002 that the developer was taking some of her land.The developer took no notice of her and went ahead as he thought fit.EIGHT years later (2010) a team of inspectors came to the property saying they were responding to my complaint..I had to explain that it was not me who had complained but the previous occupier who was now deceased.
When we bought the cottage it had title deeds.Now we have finished the renovations (which have been passed)they will not issue them back because the developer went ahead took some of the land off the previous occupier,ignored her complaints,and it took eight years for the authorities to respond.
I have not spoke to our eight neighbours but if they know about this and the fact that if i took my land back so to get my title deeds they could not get access to their properties i wonder what they,re thinking.
On a personal note it appears i have to cause problems to these innocent families to get my title deeds back
What would you do?
Thanks again for your input.

[andyp]

Certainly a bit of a dilemma Footy as you nor I would wish to affect your neighbours.

However I would be very wary and would suggest that you be careful in dealing with this developer and protect your own investment first. Selfish I know but you say this developer was warned 10 years ago and simply went ahead with his plans anyway. Now he is friendly, but for how long?

I would get a good solicitor (easier said than done I know) involved and the developer to put funds into a client account to act as a deposit to cover fees and expenses on top of any financial settlement you may negotiate later.

[Pantheman]

Dear Footy, the land that the developer has encrouched upon is yours. I would go to the land registry and log the dispute. There is probably a form to fill in and one of the agents would do that for you that work around the LR offices. By lodging a dispute the developer will not be able to issue any title deeds to his clients and thus put pressure on him.

Then if you have the original title, apply for a gps survey to determine the actual plot and place markers there. if it is concreted over use spray paint tp mark it, taking photos.

Then contact a solicitor to write a letter to the developer seeking compensation or return of your land.

If he has built the best you are likely to get is compensation as opposed to asking him to demolish what he built. Remenber, its not your problem but his and sorry about your eight neighbours. I bet they dont feel for you as you do them.

Then I would go to the planning departments and kickup and almighty fuss as to why they gave him the licence to build like that and see what they say and then I would go to the district authority or municipality and lodge a complaint and tell them you will be suing them for allowing the construction to take place.


When you have done all thet, come back and let us know what each one said.


Long winded I know, but if you want it back you have to fight for it.

[footy123]

Thanks Nigel,Andyp,Pantheman for your inputs to this,,,well,,unusual situation,i will let you know of any progress made.

[footy123]

The latest in this saga is the neighbours claimed they had NOT encroached on our land and it belonged to them.So as you advised we approached the land registry,they came themselves,and marked our boundary line out. Whoa and behold it is how we suspected,they have indeed took a part of land to enable them to get access to their properties.
Thanks for your advice and interest....watch this space

[Nigel Howarth]

Dear footy,

Thanks for the update. I guess you'll be seeking redress/compensation for the land that the developer has taken from you? Is he still in business?

Regards,

[footy123]

Yes indeed Nigel,the developer is still in business.We have questioned him about the boundary lines being wrong and his buyers are driving over our land to gain access to their properties he said "well you have a bit of our land lets do a swap" when we mentioned the land of ours that their customers were driving over he said "oh that's all right its sorted out"...But we know that according to the land registry it isn't and that land is possitivly ours.
Thanks for your interest.Terry liversidge

[andyp]

I suspect that the reaction of your neighbours that you posted a few days ago simply confirms that you should look after your own interest first.

If the shoe was on the other foot I am sure they would take you to the cleaners as would the developer, the latter without hesitation.

[footy123]

Hello Nigel,Andyp,Pantheman..again thank you for your interest.

The latest on this situation is that the Land Registry have been round with all sorts of satelite equipment and surveyed our land and confirmed that our nieghbours (eight of them )HAVE taken our land to gain acces to their properties...They also say that they WILL NOT re issue our title deeds until we sort it out.
So we are in the predicament that we cant get our deeds because someone else has built on our land..Mmm,did i hear "this is Cyprus"

[andyp]

You need your deeds footy and you are not to blame for the situation. If I recall correctly the developer had been warned on several occasions and did nothing.

Just another pain of Cyprus living in that you have to fight and pay to get what is yours. The other buyers will have to do likewise.

I doubt the developer would do you any favours if the shoe was on the other footy!

Best of luck but I really do not know where you go from here.