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REAL ESTATE LAW · RIGHT OF OWNERSHIP

Title Annulment and Registration Cases

Legal assessment of unlawful transfers, assets diverted from an estate and properties whose title has not been conveyed. Let us review your rights together across the land registry record, evidence, interim injunction and registration process.

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PROTECTION OF OWNERSHIP · RECTIFICATION OF THE RECORD

Legal Services in Title Annulment and Registration Cases

An action for cancellation and re-registration of title aims to rectify an unlawful record and register the property in the name of the person entitled. However, not every land registry problem is resolved by the same action. By reviewing the ground for the transfer, the title history, the evidence and the position of third parties together, we determine the appropriate claim.

  • Wrongful registration and forged documents

    Invalid record, forged signature or power of attorney; the good faith of the subsequent owner and the available claims.

    Review the record and transfers

  • Power of attorney and lack of capacity

    Abuse of authority, capacity on the date of the transaction, fraudulent misrepresentation, mistake and duress.

    Conditions for the validity of the transaction

  • Inheritance and family residence

    Simulation by the deceased (muris muvazaası), gifts, maintenance contracts and transfers made without the spouse’s consent.

    Rights relating to inheritance and family

  • Contract and pre-emption

    Registration claims based on a promise to sell, a fiduciary transfer, acquisition from a contractor and the right of pre-emption (önalım).

    Routes to compel registration

  • Cadastral survey and compensation

    Record errors, possession and public property distinctions; losses arising from the registry and claims for the value.

    Rectification and compensation guide

  • Injunction, time limits and proof

    Managing the risk of transfer, parties, jurisdiction, evidence, litigation costs and enforcement of the decision.

    Guide to preparing the action

Three Critical Distinctions Before Filing an Action

CLAIM

Which legal route?

Annulment of title, correction of a clerical error in the record, annulment of a disposition and dissolution of co-ownership lead to different results.

THIRD PARTY

Has the property changed hands?

Invalidity of the first transaction does not in every case eliminate the last owner’s acquisition. Good faith and alternative compensation are reviewed.

PROTECTION

Annotation or a ban on transfer?

Filing an action does not by itself prevent a transfer. The legal effect and conditions of an annotation of pending litigation and of an interim injunction are separate.

How Do We Conduct a Land Registry Action?

  1. Record and evidence

    The current title deed, past transfers, the official deed, the contract and payment documents are reviewed together.

  2. Claim and protection

    The legal ground, the parties, subject-matter and territorial jurisdiction and time limits are determined; an injunction is requested if necessary.

  3. Action and examination

    The proceedings are followed through pleadings, witnesses, on-site examination, court-appointed experts and related case file records.

  4. Decision and registration

    Appeals (istinaf/temyiz), the decision becoming final, implementation at the land registry and related claims for the value are tracked.

Which questions are clarified in the first consultation?

In whose name the property is registered, which transaction is in dispute, any urgent need for protection, missing evidence and the appropriate claim are determined. The attorney’s fee, court fees, the costs of the court-appointed expert and the on-site examination, and the security for an injunction are explained separately. A conflict-of-interest check is carried out before the matter is accepted; no definite outcome or duration of the action is promised.

Preparing for the First Consultation: Title and Transaction Documents

Prepare the basic file

  • The current land registry record; block (ada), parcel (parsel) and independent unit details.
  • Previous owners and transfer dates; the official deed and the transaction file, if any.
  • Contracts, power of attorney, bank receipts (dekont) and formal notices (ihtarname).
  • Documents relating to inheritance, health or a family residence claim.
  • Records of lawsuits, criminal investigations, injunction decisions and service.

If your documents are incomplete, you can start with the information you have. The records to be requested from official institutions are determined according to the legal ground.

Questions About Title Annulment and Registration

Against whom is an action for cancellation and re-registration of title filed?

Depending on the nature of the claim, the current registered owner and other persons concerned are identified. The land registry directorate does not automatically become a respondent simply because a change to the record is sought. In inheritance cases and multiple transfers, the composition of the parties is reviewed separately.

Which court has subject-matter jurisdiction?

Most disputes are heard by the civil court of first instance (asliye hukuk mahkemesi). A family, consumer or cadastral connection may change which court has subject-matter jurisdiction. In claims concerning rights in rem over the property, the exclusive territorial jurisdiction of the court where the property is located is taken into account.

Does a sale stop automatically once a land registry action is filed?

No. A request for provisional protection that meets the conditions for a ban on transfer, and a court decision, are required. An annotation of pending litigation and a ban on transfer do not have the same effect.

Is there a single time limit for filing an action?

No. The legal ground and the dates of learning of the matter and of the transaction are important. In pre-emption, the provisions applicable to old and new sales are also distinguished. The assumption that all land registry actions are free of time limits may lead to loss of rights.

Is witness testimony alone sufficient?

The rules of proof vary according to the allegation and the standing of the party. The role of written evidence, a commencement of proof in writing (delil başlangıcı), witnesses, medical records or an expert examination is not the same in every file.

If the property has been transferred to someone else, can it be recovered?

The good faith of the subsequent owner and the conditions of the acquisition are examined. If registration in kind is not possible, claims for the value and for compensation that may be directed against the responsible persons are assessed separately.

Can an action be pursued from abroad?

With an appropriate power of attorney and under the conditions for representation, the file in Türkiye can be pursued through an attorney. Depending on the country where the document was issued, certification, apostille, translation and service procedures are reviewed; procedures requiring personal attendance are notified separately.

How long does an action take, and how are the costs determined?

The number of parties, service, on-site examination, expert examination and legal remedies affect the duration. The value of the action and the share claimed are important in calculating the costs. The attorney’s fee and external expenses are determined separately; a fixed outcome or end date cannot be given.

Pursuing Land Registry Actions Across Türkiye, Based in Antalya

Güneş & Güneş Law Firm, founded by attorney Umut Güneş in Kemer on March 18, 1999, assesses land registry disputes in all 81 provinces of Türkiye according to the location of the property, the competent authority, on-site examination, evidence and representation requirements. Our physical headquarters has been in Antalya since 2007.

For Turkish citizens living abroad and foreign parties, the records, power of attorney and document flow relating to property in Türkiye are planned. If a procedure is required in another country, local representation is carried out by an authorized attorney; the attorney selection, scope of work, process follow-up, information and the coordination fee are agreed separately.

Languages of communication: Turkish, English, German and Russian.

Legal Basis

Depending on the nature of the dispute, commercial law, the law of obligations, procedure and the relevant special regulations are assessed together.

This content is general information. Information and documents you share are kept confidential and used for legal assessment and within the agreed scope of service. An inquiry alone does not create an attorney–client relationship and does not stop time limits. The legal conditions of the specific matter are reviewed separately.