KennyBaz

Member
Turkish Delight Turns Sour - Alexander hills
Turkish Delight Turns Sour

I am sure, in common with many Owners, I looked forward to enjoying care free time in the sun once all the legal and other formalities associated with buying property abroad were sorted out.

Unfortunately, this pipe-dream has never materialised and the latest event which has made demands upon what I expected to be my leisure time concerns a wholly underhand move to charge me a sum equivalent to 10% of the value of my property.

In short, the Aydin Trust Directorate has approached the Deed Registry and obtained an ‘Annotation’ which amounts to a ‘Charge’ on the title to not only my property but many others in the Yalikavak and Gumusluk regions. It may be that other areas of the coast have been similarly targeted and because the Directorate has not provided any written notice to Owners, the only way anyone can be sure is to either personally or send their agent to inspect the records at the Deed Registry.

There have been a good many posts on the Owners Forum relating to my Complex in which we have set out particulars of many of the legal and other objections that could be made to the Directorate. We have received advice to the effect that we should on no circumstances pay the Directorate’s demand except under protest and we have put together templates of standard form letters which can be used to take the protest to MP’s and others.

If there are others using this Forum who would like to be supplied with copies of the materials which have been posted on our Owner’s Forum, please post a request on here and I’ll do my best to copy everything we have found out across.

From what we have found out so far, it seems the Directorate has made moves against larger developments in Yalikavak and Gumusluk. What we do not know yet is whether or not single properties which do not form part of large sites have been the subject of the annotation process. It could be assumed that interests in larger sites predominantly belong to foreign nationals so the actions of the Directorate could be challenged if they are discriminatory.


In the meantime, please! Please! Please! Check the title to your property, especially if you have purchased part of a complex.

You have been warned!

ken Barry

Alexander hills
 

kernowians

Member
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Can I ask if you have your full TAPU's.
 

alva5763

Bodrum buddy
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Who are the Aydin Trust Directorate? Derek.
 

KennyBaz

Member
Turkish Delight Turns Sour - Alexander hills
-->: Turkish Delight Turns Sour

Some have full tapus, others haven't Kernowian so it would seem everyone has been affected
 

KennyBaz

Member
Turkish Delight Turns Sour - Alexander hills
-->: Turkish Delight Turns Sour

Hi Alva5763

Aydın Trusts Directorate is a government Dept. operating on behalf of a number of trusts. Haci Bekir is only one of them. There is no way of telling who benefits from this trust, or to whom the moneys will be paid. Our Site Lawyer's belief is this money will be taken by the Trusts General Directorate in Ankara which governed directly by the Prime Ministry of Turkey.

ken 18/2 Alex hills
 
Turkish Delight Turns Sour - Alexander hills
Re: -->: Turkish Delight Turns Sour

yes I think the more we shout the more chance we have of getting this thing stopped before it becomes standard practice
 

Akasya

Postless Pointer
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Another Orwellian nightmare so it seems.

Best of luck.

Steve.
 

oldfogy

Just passing through
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Yes good luck.

Unfortunately there was someone else only a few days ago stating the same thing, that person had also got a solicitor involved 'and I think also drew a blank' with finding out who actually benefits from the trust or what happens if it is not paid, here in the UK it's called 'A Charge' on the property and would be the first to be paid if and when the property is sold.

But it certainly sounds or sounded as if it's the next wave of rip-off's, except this time it originates through the Turkish government system.

Maybe try a search on the forum using 'Annotation' as the criteria might reveal the other thread/s

http://www.turkishliving.com/forums/turkish-legal-helpdesk/56829-annotation-charge-property.html

Turkish Living Forums - Search Results


.
 
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Deleted member 13863

Guest
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

I appreciate that ken is highlighting the fact that other may be affected but unaware I don't think there is anybody on this forum with experience of this situation and these public posting of the particulars of our site does not help the plight of anyone who is trying to sell their properties on our site.

If the speculatio regarding the motives for the imposition of tbis annotation are to be believed then I think we will find in the long term that this is more wide spread as more owners try to complete sales and transfer property.

This is unlikely to be the problem of Alexander hills owners alone or indeed property owners in yalikavak or the bodrum peninsula.

So please let's just stop refering to alexander hills until we have or can get more facts. We are the lucky ones we at least know there is an annotation against our properties and can start to investigate it's origins and legitimacy. Others are almost certainly completely unaware they have a problem.

Jo
 
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KennyBaz

Member
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

The aspects of this 'Annotation' business I find particularly unjust, are:

a. the Trusts Directorate in Aydin has simply forced the Deeds Registry to make entries on tapus in circumstances where the property owners have no other notice or other information sent to them in order to draw their attention to the claim made.

In the UK, and I suspect the same is generally true of Turkey, in order to enter a charge against anyone's title to property you need either the owner's consent, this happens, for instance, when

a person obtains a loan secured against their property and the loan company lodge a charge,

or

when a person is sued for a debt and is able to bring enforcement action through the courts where the debt remains unpaid.

In the first instance, the charge arises because of a voluntary act on the part of the owner, and, in the second, the charge is made after the owner was made aware of the debt and had notice of court proceedings intended to enforce it.

The action taken by the Aydin Trust Directorate bypasses all of these procedures and for that reason is unjust, contrary to longstanding protocols and resembles the act that might have been taken by some tin-pot dictatorship rather than a modern democratic state.

b. If the Directorate truly has the interest of an oppressed group of individuals at heart then why is it being so secretive? The Directorate's failure to provide information about the interests it seeks to protect generates unease and a feeling of suspicion;

c. Any purchaser who takes proper steps to satisfy him or herself that title to the property he or she intends to buy is clear of adverse entries on the register is supposed to acquire the property free of such entries.

If a person who potentially has the benefit of a financial interest in the property fails to take all the required steps to protect that interest by means of registration, then
he loses the benefit of it against the owner of the property. This is the basic principle behind registration of title.

If anyone with a half baked claim can have his or her spurious right preferred over those who have taken every proper step to ensure the property they acquired had a clean title then what is the point of having a system of land registration? It simply is not fit for purpose.

The interests that can become 'Annotations' are, I believe, strictly limited and controlled under Article 1009 of the Civil Code. If the Directorate can demonstrate the supposed annotation it claims has satisfied the conditions imposed in Art. 1009, then it should be called upon to demonstrate this.

The Directorate may also be called upon to explain why the state guarantee of title to registered land enshrined in Article 1007 of the Civil Code should not benefit the property owners affected by the actions of the Directorate.

Hopefully this whole sordid mess will go away if the Directorate accepts that should its claims succeed, owners will be paid compensation at least equivalent to the value of the claims by the State.
 
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Jo, I assumed the facts where presented to us by a Lawyer, qualification enough I would have thought. As for us discussing the situation in relation to the site and it adversley affecting sales surely the the damage has already been done . I fail to see the logic in your concerns which is a quitessential dichotomy . I for one don't feel we should keep it a secret.People should know, stand up for themselves and forewarned is forearmed for others. Anyone on Alex Hills or any other site affected should know before they waste time and money trying to sell only to find out an umknown charge has been placed upon there deeds.
 

kemerkid

Bystander
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

I commented on this same subject in desfluranes thread. When we came here looking for land in 2004 we were steered away from Yalikavak because the Belediye were under investigation and half the officers were in prison. What I find curious about this business is that this is the Mugla district and Aydin is another city. Where is the connection? Did Aydin have some land here that the Yalikavak Belediye short circuited in some way that now leads to this situation. desfluranes said he bought his property around about 2005/2006. the Tapu office in Bodrum should not have issued Tapus against land that was held in some kind of trust, one would imagine.
 

KennyBaz

Member
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Whilst I sympathise with Jolo seeking to shelter those wishing to sell properties on Alexander Hills, the fact is the Annotation has been made on the title to every property so irrespective of what is or is not disclosed on this Forum, the interests of every potential vendor have already been adversely affected.

The only way to ensure damage is mitigated is to discourage the Turkish Government and seek a general withdrawal of the Annotations. This, in my view, is more likely to be achieved if we co-operate, expose the problem and seek the maximum amount of publicity we can.

If the Government are made to appreciate the lasting damage these Annotations could harbour for confidence in the property market and hence the health of the Turkish economy then perhaps the Directorate will relent.

It has already been stated that Annotations have been made against title to property on a large complex in Gumusluk so there can be no question of Alexander Hills being ‘singled out’ but perhaps it is only large developments which are primarily owned by non-residents which are in the sights of the Directorate and if so, we need to establish this. We can only do so if this whole episode receives the air of publicity. It ill behoves us as a group to criticise the Directorate for being secretive and then draw a veil over this problem ourselves.
 

supra

Member
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

If you need to establish it then write a petition (dilekçe) to the Directorate of Foundations. There are examples on Google, just look for 'dilekçe'. It is rather surprising that your solicitor hasn't already done so.

T.C. Başbakanlık, Vakıflar Genel Müdürlüğü
Milli Müdafa Cad. No : 20 Kizilay / ANKARA
 
D

Deleted member 13863

Guest
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Ken we intend to pay the annotation andleave our property free of any impediment. This post means we will be for ever associated with doubt and fail to see how that can benefit any of the 136 owners in the long term.

Jolo
 
D

Deleted member 13863

Guest
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Ken - We intend to pay the annotation and leave our property free of any impediment. This post means we will be for ever associated with doubt and fail to see how that can benefit any of the 136 owners in the long term.

Jolo
 

oldfogy

Just passing through
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

The aspects of this 'Annotation' business I find particularly unjust, ..........:

In the UK, and I suspect the same is generally true of Turkey, in order to enter a charge against anyone's title to property you need either the owner's consent, this happens, for instance, when a person obtains a loan secured against their property and the loan company lodge a charge,


In the UK you do not need the owners consent to place a charge on anyone's property, in fact the owner need not even know or be informed at all that a charge has been placed, all that is involved is contacting the appropriate dep't and tell them to place a charge to the value of XYZ on the property, and as you have discovered the only time you know a charge has been placed is when you attempt to sell the property, although I feel things are slightly different in this Turkish incident as they are trying to call in the debt/s before the due date.
This I discovered when I sold my last property and only then discovered a charge had been put on it by the council who had been giving out double glazing grants, but I sold the property before the end of the five year clause and therefore had to repay a pro-rat portion of the grant.


Even though the problem will not or at least should not effect new purchasers I find the other comments with words to the effect of it should not be discussed in a open forum but kept hidden from people just in case anyone realises there are or may be problems with either the site or the properties very selfish.
 

KennyBaz

Member
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Old Fogey, if you closely examine the small print in the forms you filled in when you applied for the double glazing grant I think you will find they included your consenting and signing to a charge in favour of your local authority. This is why the Council had the right to submit particulars of the charge in their favour to the Land Registry. This is standard practice.
 
D

Deleted member 13863

Guest
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Well let's see how many of the readers and followers of this post who happen to discover over the next few weeks and months that their properties are affected will name their sitesi on here.

I will pay the annotation, discussing the problem on here is of benefit, naming the sitesi isn't of benefit, to owners in the short or long term.

Until you walk in our shoes you cannot know the difficulties this presents us nor can you know how many difficulties we have already overcome. So please don't lecture me as I would never pass on a property or offload problems to a buyer. If or when I sell my apartment it will be with a clear conscience and a clean tapu, free of impediment. I just don't need potential buyers in the future trawling through old TFL posts to discover past difficulties that have been solved and bein put off. There is more to a clean sale than just a clean title deed the reputation is also a factor.

Selfish - no selfish is selling a property when there is a problem that hasn't been solved.

Jolo
 
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oldfogy

Just passing through
Turkish Delight Turns Sour - Alexander hills
Re: Turkish Delight Turns Sour

Old Fogey, if you closely examine the small print in the forms you filled in when you applied for the double glazing grant I think you will find they included your consenting and signing to a charge in favour of your local authority. This is why the Council had the right to submit particulars of the charge in their favour to the Land Registry. This is standard practice.
Yes you are more than likely correct, but it's usually a case of if you want something then you sign for it, (sometimes suffering the consequences later)
(That comment is nothing to do with the Turkish problem as I would consider that being a totally different scenario all together)

Maybe if these posts do reveal more sites that are being effected then a group of you could fight it together, maybe then you will stand a chance of getting it struck off.
 
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