Take tapu to England?

[annandpaul]

Our builder may be going bust and we are not allowed to own the tapu until we set up a company. if we got the tapu certificate from him could we bring it to England, even though our names will not be on it.
The reasoning being that the builder might not be able to use it to borrow money and then the bank may own our land if he is not able to repay the loan.
Or can the builder just obtain a copy to raise a loan?

 

[kaplumba]

I don't know enough about this to advise you but while we were waiting for our tapu we had some thing called a hypotek or maybe an Ipotek which we were told would protect us and prevent the builder taking out any loans against it. Maybe your lawyer could advise you about it.

 

[Mushtaq]

The Tapu (piece of paper) does not mean much, as it's a printed record of what's in the records at the deeds office, which can be changed as required by the legal owner of the property (your builder at the moment)

You need to either setup a company and put the property in the company name or get an ipotek as kapluma has suggested, but get a good lawyer to do it quickly before it's too late.

 

[annandpaul]

Thanks to both of you for the input.
We shall be back in Datca in two weeks so we must take the bull by the horns and set up a company asap.

 

[bobo]

Hi Mushtaq
As you say that the tapu is is only a print from the records in the deeds office and in this case it is still in the builders name, if this was transferred by a builder and the agent in my case is to take it back to the uk. What are the things I must check upon receiving it and can there be only one name ie mind on the Tapu???