Interim Injunction, Annotation of Pending Litigation and Protecting the Property
If the property is transferred to a third party while the action is pending, or new rights are created over it, the parties to the dispute and the enforceability of the judgment may be affected. For this reason, an interim injunction, an annotation of pending litigation, preservation of evidence and other interim legal protection measures are assessed according to the circumstances of the case.
In this assessment:
- The current land registry record of the property and the history of transfers
- A close and serious danger of transfer or loss of rights
- The level of prima facie proof of the claim
- The scope and proportionality of the injunction
- Whether security is required
- The effect of the injunction on third parties and the registered owner
- The conditions for continuing, modifying or lifting the injunction
are examined together. An interim injunction or annotation of pending litigation does not arise automatically; it must be expressly requested together with its legal and factual basis. For injunctions that remain in place for a long time or whose scope has become disproportionate to the dispute, the parties’ right of property must also be taken into account.
The Parties to the Action, the Competent Court and Jurisdiction
In a title action, the capacity of claimant and respondent is determined by the legal ground relied on and the relief sought. The current registered owner, the parties to earlier transfers, heirs, the parties to the contract, the Treasury or other persons concerned may not be parties in the same way in every file. The land registry directorate does not become a respondent automatically merely because a change to the land registry record is sought.
In claims that concern the property itself or may change the holder of a right in rem, the exclusive territorial jurisdiction of the court where the property is located is significant. In most actions for cancellation and re-registration of title the competent court is the civil court of first instance (asliye hukuk mahkemesi); however, where the dispute arises from family, consumer, cadastral, administrative or another private-law relationship, the competent court may change.
In files involving more than one property, more than one owner or successive transfers, the composition of the parties, joinder of parties, jurisdiction, the relief sought and the value of the action must be determined separately.
Evidence and Examination of Proof in Title Actions
Each legal ground has its own evidence and proof regime. A medical record that is decisive in one file may be of no significance in another; bank transactions, official deeds, powers of attorney or witness accounts may carry different weight in different disputes.
The main subjects of examination are:
- Current and past land registry records and chain-of-title documents
- The official deed, the deed table and the transaction file at the land registry directorate
- Powers of attorney issued by notaries and consulates
- Sales, promises to sell, construction and other contracts
- Bank accounts, payment receipts and money movements
- Correspondence between the parties and lawfully obtained digital records
- Health, treatment, medication and guardianship records
- Certificates of inheritance and population records
- Municipal, cadastral, zoning, project and tax records
- Accounts of witnesses who know the use of the property and the relationships between the parties
- On-site examination, expert, map, valuation, signature and document examinations
- Properly obtained evidence in a criminal investigation or in connected civil actions
The evidence must be obtained lawfully, submitted in time, and its connection with the legal ground relied on must be explained.
Title Actions Involving Foreign Parties
Where the property is in Türkiye but the owner, heir, buyer, seller or agent lives abroad, additional steps may be required for the power of attorney, foreign documents, service, translation and the legal status of the parties.
In this context:
- Title disputes in which foreign individuals and legal entities are parties
- Powers of attorney issued by a consulate or a foreign notary
- Apostille, certification and sworn translation procedures
- Service at an address abroad
- Foreign certificates of inheritance and marital status
- Actions and land registry transactions through representation, without traveling to Türkiye
- Assessing security, reciprocity and international procedural issues
- The consequences that foreign court judgments may have in Türkiye
In title disputes with a connection to a foreign country, Güneş & Güneş Law Firm offers legal communication in Turkish, English, German and Russian.
Filing an Action Does Not Lock the Property by Itself
An interim injunction containing a prohibition on transfer and an annotation indicating the action or the disputed right do not have the same effect. The type of protection requested, prima facie proof, security, enforcement and the conditions for its continuation are assessed separately. After an injunction is obtained, the time limits for enforcing it and for filing the action must also be monitored.
Is mediation mandatory in every file?
The mere fact that a case concerns immovable property does not make every title cancellation action subject to mandatory mediation. If there is a consumer transaction, a dissolution of co-ownership or another connection to a special dispute, the condition for bringing the action is checked separately. In voluntary mediation involving a transfer of property, the formal requirements and enforceability conditions are observed.
Court fees, expenses and enforcing the judgment
The value of the action is determined by the property or share claimed. The attorney’s fee is separate from court fees, on-site examination, expert, service, translation and injunction security. After a judgment granting the claim, the finalization of the ruling on the right in rem and the conditions for its enforcement at the land registry are followed. The issuance of a judgment does not mean that eviction or collection of the price will be completed automatically in every case.