Next door property empty and causing damp

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JasonW
Posts: 1
Joined: 03 Dec 2020 13:21

Next door property empty and causing damp

Post by JasonW »

Hi all

I own a townhouse in Paphos, the property next door has been empty for the past 10 years, the owner had a mortgage on the property and has defaulted and left the property and not returned in 10 years, there are apparently a number of memos registered on the property with debts relating to the original developer (whom has gone bust). All other 9 properties of the complex now have title deeds.

I have found out which bank the property is mortgaged with, but they say they have not repossessed it (probably because theh asset value is far lower than the debts on the property). I have been told I can act on behalf of the owner of the property if I get a power of attourney signed by him. I have tried to track him down but has disappeared of the face of the earth (I dont even know which country he is currently in).

The adjoining wall from next door is causing damp issues in my property. I would be willing to buy the property but can't get a straight answer on how to do this without the owners consent, the bank wont repossess it because of the debt, so the property is stuck in limbo.

I have a few questions really,

a) is there any method of forcing a compulsary purchase of this propery in the absence of the owner?
b) is there any way of finding out what memos are attached to the property without getting permission from the absent owner?
c) what is the legal situation with regards to damage to my property by the next door property, can the Muchter intervene?

Thanks in advance
Nigel Howarth
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Re: Next door property empty and causing damp

Post by Nigel Howarth »

Hi JasonW and welcome to the forum.

Unfortunately I can't answer your question, but someone else here may be able to advise.

If not, you'll need to speak with a lawyer to see what your options may be. If you don't have a lawyer I suggest you get in touch with one of those on the list provided by the UK Foreign & Commonwealth Office.

Regards
Nigel Howarth
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Pantheman
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Joined: 26 Jan 2008 14:44
Location: Famagusta District
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Re: Next door property empty and causing damp

Post by Pantheman »

Hello,

If I may offer an opinion.

a) is there any method of forcing a compulsary purchase of this propery in the absence of the owner? - No you cannot

b) is there any way of finding out what memos are attached to the property without getting permission from the absent owner? - The bank maybe able you, but if you have already been issued with your deeds then you cannot.

c) what is the legal situation with regards to damage to my property by the next door property, can the Muchter intervene? - The legal owner is responsible for this, but given you cannot find him then there is not much you can do. That said, if the property is empty and no one is taking responsibility, if I were in your shoes, I would get a locksmith to let you in, repair / make good the party wall then lock up. I doubt anyone will say anything about this.

The Muktar cannot help in any way that I can think of, he'll probably just say, its the owners responsibility.

Hope that helps.
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