The questions below offer a general framework on the legal grounds for cancellation and registration of a title deed, the claim of simulation, and the dissolution of co-ownership of real property held in shares. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–6 of 6 questions
On what legal grounds can an action for cancellation and registration of a title deed be based?
Cancellation and registration of a title deed may come into question, under the relevant conditions, where the entry rests on a legally invalid ground.
Lack of capacity, an invalid transaction, simulation, abuse of authority under a power of attorney, contravention of inheritance law or other statutory grounds may be examined according to the nature of the real property. The title deed entry, the official deed, legal capacity on the date of the transaction and the position of third parties acting in good faith are important. The parties to the action, the share or property claimed and the need for an interim measure must be determined. Evidence that serves to prove one legal ground does not automatically prove another.
How is a claim of simulation in a transfer of real property assessed?
In a claim of simulation, the distinction between the intention declared in the official transaction and the parties’ real purpose is investigated.
It may be claimed that a transfer shown at the land registry as a sale is in reality a gift or another transaction. Whether the price was paid, the value of the property, family relationships, the transferor’s economic situation, use after the transaction and the ordinary course of life are assessed together. In a claim of diverting assets from the estate, the type of action and the right claimed must be correctly determined. Simulation, the effect of a disposition on the reserved portion, and lack of capacity are different legal grounds.
If the land registry entry is in the name of a third party, can no action be brought?
No conclusion can be given without assessing how the person named in the entry acquired the property and whether that person acted in good faith.
Within the scope of Articles 1023 and 1024 of the Turkish Civil Code, the conditions for protection of reliance on the land registry differ from those for the first unlawful registration. Transfer dates, the sale price, the relationship between the parties and the transactions underlying the entry are investigated.
Can a co-owner sell without the permission of the other co-owners in real property held in shares?
A co-owner may transfer his or her own share; however, the statutory right of pre-emption and special restrictions may come into play.
It is determined whether what is sold is a share or a specific physical portion, and whether there is a sale to a third party. As regards pre-emption, the notification, the limitation period for the action and the applicable exceptions should be examined in particular.
What should be done if a forged power of attorney used in a land registry transaction is discovered later?
The routes of cancellation of the title deed, compensation and criminal investigation may be assessed together according to the specific case.
The original power of attorney, notary records, the land registry transaction file, the signatures and the chain of transfers should be preserved. The good faith of the subsequent owner and the question of against whom the claims are to be directed, given the principle of reliance on the land registry, are important.
Under what conditions can the dissolution of co-ownership of real property held in shares be requested?
The dissolution of co-ownership of real property held in shares may be requested within the framework of the statutory conditions for division or for liquidation by sale.
It is investigated whether there is a valid circumstance or a special legal obstacle that makes it necessary to continue the co-ownership. If partition in kind is possible, its conditions are considered first; if it is not possible, the options of dissolution by sale are assessed. The shares in the property, its zoning status, the structures on it, its use and the encumbrances are important. In disputes over the dissolution of co-ownership, mediation as a condition precedent to litigation must also be taken into account, and the claim must not be confused with other land registry actions.