Title deed cancellation case in Turkish law… Title deed cancellation and registration cases have an important place in the field of real estate law in Turkey. This type of lawsuit is filed with the aim of canceling the transactions in the land registry that do not reflect the real rights status and making the registration legal by correcting the registration according to the real rights status in accordance with the law.
What is a Deed Cancellation Case?
The title deed annulment case is related to the ownership right of the immovable property and cannot be enforced until the court decision is finalized. This lawsuit is filed to bring the land registry record, which is claimed to have been prepared illegally, irregularly or illegally, into law. This type of lawsuit is related to property rights and cannot be enforced until the court decision is finalized. The title deed annulment case is of great importance in terms of protecting property rights and ensuring the principle of legality. This type of litigation is essential to ensure that the land registry remains an accurate and reliable source. The title deed annulment and registration case is one of the most important types of cases that ensure the property right of the person whose real right has been violated, and Additional Protocol No. 1 of the ECHR requires the provision of effective protection mechanisms for property right violations.
How to File a Deed Cancellation Case?
The title deed cancellation case is filed in the civil court of first instance where the real estate is located. This court is the court of final jurisdiction. The parties may file a lawsuit in another court by making a jurisdiction agreement. In the petition, the registration information of the real estate, its situation on the land and the illegalities in the transaction made according to the characteristics of the incident should be clearly explained.
Deed Cancellation Case Process
The litigation process begins with the submission of the petition and ends with the finalization of the decision. In this process, there are stages such as discovery, hearing witnesses, and expert examination. The title deed annulment lawsuit is essentially aimed at eliminating illegal and procedural registrations in the land registry and registrations that do not reflect the real situation and protecting the interests of real rights holders.
In what cases can a title deed annulment case be filed?
A title deed cancellation lawsuit can be filed in many cases. For example, a title deed annulment lawsuit may be filed due to situations such as evasion of property from deceased inheritance, acquisition of property rights through statute of limitations, abuse of power of attorney, and zoning practices. These situations are briefly as follows:
Decedent simulation: If the immovable property is transferred to someone else as a result of fraudulent transactions carried out by the testator in order to smuggle goods from the heirs, a lawsuit may be filed.
Legal Incapacity: Title deed transfer transactions carried out by persons who do not have legal capacity are considered invalid and in this case, a title deed cancellation lawsuit may be filed.
Abuse of Power of Attorney: A lawsuit may be filed for the cancellation of the title deed registration as a result of the attorney’s actions contrary to the power of attorney agreement.
Zoning Applications: In cases such as zoning plans, cadastral determinations, etc., if there is a conflict between the title deed record and the actual status of the land,
Care Until Death Contract: After the death of the care creditor, a title deed cancellation lawsuit can be filed against the heirs for the transfer of the assets of the care debtor to him.
Family Residence: In case one of the spouses transfers the family residence to third parties without the consent of the other spouse,
Possession: If the person who is in possession of the immovable property learns that the title deed record does not belong to him, he can file a title deed cancellation lawsuit by proving his right to possession.
Acquisitive Prescription: In cases where real estate ownership is acquired through acquisitive statute of limitations, a lawsuit can be filed for title deed cancellation. Apart from these cases, a title deed cancellation lawsuit can also be filed in other cases where the title deed registration is incorrect or irregular.
Against whom should the Deed Cancellation Case be filed?
Person Appearing as the Owner in the Land Registry: The title deed cancellation and registration case is filed against the person who appears as the owner of the real estate in the land registry. If more than one owner is registered on the property jointly, it is necessary to open it to all of them.
Heirs of the Registered Owner: If the registered owner is dead, the case is directed to the heirs of the registered owner.
Rights of Third Parties: If it is requested to eliminate a real or personal right belonging to a third person in the land registry, it will be necessary to file a lawsuit against the owner of this right.
Who Can File a Title Deed Cancellation Case?
Persons whose property rights have been violated: Persons whose property rights have been violated as a result of an incorrect transaction in the land registry.
Heirs: Heirs who have lost their rights in situations such as decedent simulation,
Power of Attorney: Persons who are harmed as a result of abuse of power of attorney,
Spouses: Spouses who have lost their rights due to irregular transactions regarding the family residence
Statute of Limitations for Deed Cancellation Case
Since it is a property right on the immovable property in question, it is a right in rem and, as a matter of fact, real rights can always be asserted and are not subject to statute of limitations.
However, exceptionally, the statute of limitations for filing a title deed cancellation lawsuit may vary depending on the cause and conditions of the case. In general, a person who possesses a real estate in good faith for 10 years without being aware of illegal registration becomes the owner of that real estate through the ordinary statute of limitations, and after this period expires, a lawsuit for title deed cancellation and registration cannot be filed. Additionally, there is a statute of limitations of 10 (ten) years in title deed cancellation and registration cases due to cadastral process. The statute of limitations for a title deed cancellation and registration lawsuit filed due to fraud is 1 (one) year, starting from the date on which the error or fraud was learned.
To be evaluated according to the characteristics of each concrete case, in cases where the record in the land registry does not coincide with the real situation or in registration transactions carried out against the law and procedure, a title deed cancellation and registration lawsuit is filed to cancel the record in the land registry and re-register in accordance with the truth.
Objection Period to the Deed Cancellation Case Decision
In order to object to the decision of the title deed annulment case in Turkey, an objection can be made by submitting an objection petition to the Regional Court of Justice (Appeal) within 2 weeks from the date on which the decision is notified to the parties.
