Tapu

[Instructor]

Hi all.

Here is my question? I have bought a villa on a complex which should of been completed a year ago, the villa is eighty percent complete however the complex is way behind. What I would like to know is can I finish off my own villa and obtain Tapu or does all complex have to be finished?

Please help!

 

[carolk]

Instuctor, the landowner/builder holds the Tapu right now so, you would have negotiate with them.

 

[Instructor]

Hi Carol,

Thanks for the reply. The builder will have a Tapu for the overall land but for individual Tapus I would of thought the property must be complete!

 

[carolk]

Yes, but you can only negoitiate with the person who holds the Tapu now as that is the only person who can transfer the tiltle to you. It doesnt pass in to someone completley different when its complete, the Tapu owner is the Tapu owner - hope that makes sense, as in if you finish the build yourelf, he/they will still have to transfer the title to you.

 

[Instructor]

I am not sure if I have myself clear. Say for example the complex did not finish and I wanted to complete my own property would I have a right to obtain my tapu or is it that all property on complex must be fully complete to obtain Tapus? I am sorry if I have confused you or havnt made myself clear.

 

[Guz1]

Would there be individual tapus for the properties at this stage? Wouldn't the builder just hold a single tapu for the land with planning permission for the complex?

 

[Instructor]

Yeah thats what I would think Maria. This is why I am trying to find out if individuals have a right to apply for their own Tapus on a complex if they finish their own property. By the way it is a detached villa with own cordoned off garden. I may have to speak to a solicitor to find out law.

 

[Guz1]

Somewhere in the back of my mind I think I recall mention that it can be difficult to get individual tapus for new complexes prior to completion. Think it came up under one of the dreaded habitation cert threads.

Maybe it's different with a detached property. I hope so, but think it could be expensive. Think you're wise to check with your solicitor. Good luck.