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Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 7:36 am
by mikelapta
My Moldovian neighbour has had her property remeasured by the satellite method by Tapu rather than tape measure when property was built....and is claiming ownership of my only driveway and access to my house,,,,,Not only that she has put pots in the drive and strings with Private notices on !!! My friends with cars have no access plus postman etc.She has left a little walkway which she threatens to close this weekend... Yes police were here but I think she has a contact there........Oh I have lived happily for 10 years in my house in Lapta...surely by law I have access to the land I paid for before the change to satellite measurement,

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 8:29 am
by Welldigger
Sorry to hear about this Mike but I think you should contact a solicitor immediately. Might be costly but less stress and might resolve this issue in your favour.
I can recommend someone called Tülin Celiker ‭00 90 (392) 227 07 28‬. She is based in Girne & Lefkoşa and speaks diner English. I find her very honest and trustworthy. Good luck.

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 8:50 am
by mikelapta
Sorry should have mentioned it.......I have a solicitor who is crap and will be replaced asap

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 11:39 am
by snd1966
sounds like your property boundaries were marked by chains and hers satellite, so many seem to have this problem and seems to come to light when someone builds near you or sells/purchases and some people even have their full kocans

why doesn't common sense rule?

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 11:47 am
by mikelapta
My house was built about a year before hers......You are right Sense should prevail, But I wish to avoid slander at this stage.. Suffice to say she is Moldovan !!!!!!

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 12:21 pm
by ozankoys
You need to get your land pinned so that you can determine the boundaries for yourself, this will confirm whether your neighbour is correct. You may have room on the other side of your property for a drive if she is?
Unfortunately the new measurements are the ones that are adhered to now which is why there are so many boundary disputes which ultimately cost homeowners a great deal of grief & money.

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 1:58 pm
by mikelapta
Thanks.Ozankoys......a glimmer of hope !!!!!My house is to the right of hers but on her left side there is a wall which she has claimed and the paved area before her drive she uses for her personal parking. Enough land there to shut her up !!!!! Just asking should I can Belediyse involved !!!

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 3:58 pm
by mikelapta
To snd and Ozankoys.......her bungalow and my house were both built 10 years ago and both were before satellite took over, It was about 5 years ago she got Tapu to measure and 3 months ago she informed us she will be having my driveway.And that would not be in the original measurements for the land she paid for,,,,,,,After Bayram places to go,,,,,,,,,,Tapu and Belediye. Thanks for your input, My original thought she was being the original liar and cheat,Hope I can proof it

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 4:38 pm
by taurus
Hello Mike. Do you or your neighbour have your Kocan's? If your neighbour does not as yet, then I would say she doesn't have any legal document, to proof that she can say she owns your land. If she does have the full Kocan and it shows the land does belong to her, then, in my experience, you could ask her to sell the land to you. As has been said many home owners will also find this also aplies to many who bought before the GPS system was brought in, for correct land measuring. I would also say, if you are on good terms with your neighbour, it will help a lot, to eventually solve the situation.

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 5:59 pm
by mikelapta
Hello Taurus No chance of friendship !!! Watch this space

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 6:27 pm
by tingtang
It is scandalous that the authorities concerned are prepared to make these changes retrospectively causing all of this grief, disruption and expense. At the time of purchase the buyers were satisfied with what they bought then decide that they want more, how selfish and inconsiderate of other people.

For the future why cannot they just re-affirm the boundaries 'AS IS' with the correct measurements and tell people like your neighbour to go and sue whoever originally measured the plot if they want re-recompense.

tt.

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 8:16 pm
by tingtang
Thinking on this more Mike if she does have a legal right to this land it may well be best if you bite the bullet at an early stage and offer her compensation to purchase {or in your case re-purchase) this piece of land as legal actions can go on for years at enormous wasted expense.

I say this from the experience of my brother-in-law who has a house in Pafos when a year after the build was complete along came the original landowner who claimed the house was built one foot over the boundary. Unfortunately relations between them deteriorated to the extent that the landowner has refused compensation and demanded that the front of the house be demolished.

This legal fight has gone on for 7 years and is still ongoing as he has tried to join the builder and the Architect in the action for responsibility for the error. As things stand it is a millstone around his neck, unable to sell it and and costing him an arm and leg in legal fees. I don't know if there has been any satellite re-measuring, I must ask him.

Sorry to be a Jobes comforter but whatever the outcome of your case there is no threat of demolition.

tt.

Re: Problem with neighbour claiming my only driveway

Posted: Thu 23 Aug 2018 8:29 pm
by ozankoys
The first step is to get your land pinned so you know where your exact boundaries are, have a can of spray paint & some pegs ready so you can mark the points for future use.
There are people who do this 'privately' but you will get an official 'krokay' (no idea how to spell this but it is a pinning map) as the Tapu can take a while to get round.
Good luck

Re: Problem with neighbour claiming my only driveway

Posted: Thu 30 Aug 2018 4:34 pm
by mikelapta
Lapta Inspectors calling tomorrow to see my complaint...Will keep you informed.

Re: Problem with neighbour claiming my only driveway

Posted: Thu 30 Aug 2018 4:52 pm
by ozankoys
Good luck!