What is the Right of Ownership?
The right of ownership grants a person the authority to use, benefit from, and dispose of their property as they wish, within legal boundaries. Individuals are free to use and transfer what they own based on their ownership rights.
What is a Title Deed Cancellation and Registration Lawsuit?
A title deed cancellation and registration lawsuit is filed to update title deed records that have been registered irregularly, unlawfully, or in violation of the law, so that they comply with legal requirements. Since this type of lawsuit concerns a real right, the court’s decision must be finalized in order for enforcement to take place. In summary, a title deed cancellation and registration lawsuit is initiated to correct unlawful entries made in the land registry in ways not specified by law and to bring them into legal compliance. This lawsuit protects individuals’ property rights and prevents loss of rights caused by unlawful registrations.
What is Unlawful Registration?
Unlawful registration is defined as a registration made without a legally valid reason and therefore lacking legal binding force. Article 1024, paragraph 2 of the Turkish Civil Code states: “A registration based on a non-binding legal transaction and lacking a legal reason is unlawful.” In the case of unlawful registration, the registration does not reflect the true ownership rights or the scope of the right.
Who Is a Cancellation and Registration of Title Deed Lawsuit Filed Against?
One of the important points to consider in a title deed cancellation and registration lawsuit is against whom the lawsuit will be filed. If the lawsuit is filed against the wrong parties, it may result in loss of time and rights, and the rightful owner may suffer. A title deed cancellation and registration lawsuit can only be filed against the persons who are registered as the owners of the immovable property in the land registry. If the person is deceased, the lawsuit can be filed against the heirs who have not renounced the inheritance. The heirs who accept the inheritance are responsible for these lawsuits.
What is a Title Deed Cancellation and Registration Lawsuit Due to Testator Fraud?
Lawsuits for title deed cancellation and registration due to testator fraud should actually be understood as inheritance asset concealment. In practice, the most common title deed cancellation and registration cases are filed due to testator fraud. Inheritance concealment refers to the situation where the rightful heir’s rights are taken away through various deceptions, causing the title deed registration to become invalid. Our legal system has regulated lawsuits for title deed cancellation and registration due to testator fraud to prevent such incidents. Through these lawsuits, rightful heirs can reclaim their rights from those who have fraudulently taken them away.
What is a Title Deed Cancellation and Registration Lawsuit Due to Abuse of Power of Attorney?
Another situation that leads to the filing of a title deed cancellation and registration lawsuit is the abuse of the power of attorney. If the attorney-in-fact does not act in accordance with the principal’s will while performing the assigned duty and makes transfers in the land registry contrary to the purpose of the power of attorney, the rightful owner can file a title deed cancellation and registration lawsuit. There is no statute of limitations for filing title deed cancellation and registration lawsuits due to abuse of the power of attorney.
What is a Title Deed Cancellation and Registration Lawsuit Due to Acquisitive Prescription and Possession?
According to our law, if the owner of an immovable property registered in the land registry cannot be determined from the registration, or if a declaration of absence has been issued for a period of 20 years or more, it is possible to acquire the property through acquisitive prescription and possession. Article 713/1 of the Turkish Civil Code states: “A person who has possessed an immovable property not registered in the land registry continuously and without dispute for 20 years as the owner may request that the ownership right of the immovable property be registered in their name in the land registry.” A person who has possessed such an immovable property uninterruptedly for 20 years as the owner may file a lawsuit for cancellation and registration of the title deed to ensure the property is registered in their name.
What is a Title Deed Cancellation Lawsuit Based on Vitiation of Consent and Incapacity in a Contract?
As a rule, a contract is formed by the mutual consent of the parties and the harmony based on that consent. If a person makes a mistake, is under a misconception, is forced to sign the contract through intimidation, or is deceived into signing the contract, or if similar situations occur, it is referred to as vitiation of consent. In cases of vitiated consent, it can be alleged that the contract involves an unlawful registration regarding the transfer of the title deed, and based on this, a lawsuit for cancellation and registration of the title deed can be filed.
What is a Title Deed Cancellation and Registration Lawsuit Due to the Family Residence?
The family residence refers to the home where family members live together and use it jointly. It is not possible for one spouse to sell or mortgage the family residence without the consent of the other spouse. Since any transaction made without consent is legally invalid, the registration resulting from such a transaction is considered unlawful registration. If the sale of the family residence occurs without the consent of the spouse, the other spouse can file a lawsuit for cancellation and registration of the title deed on the grounds of unlawful registration. Indeed, Article 194 of the Turkish Civil Code states: “Unless one spouse has the explicit consent of the other, they cannot terminate the lease agreement related to the family residence, transfer the family residence, or limit the rights over the family residence.”
What is a Title Deed Cancellation Lawsuit Due to Fraud, Mistake, or Coercion?
According to the Turkish Code of Obligations, the formation of a contract depends on the mutual consent of the parties, expressed in a manner consistent with each other. However, the parties’ wills may be impaired if they have entered into a legal transaction they did not truly intend to perform due to reasons such as fraud, coercion, or intimidation. To protect against such situations, our law allows a one-year statute of limitations for filing a title deed cancellation and registration lawsuit, starting from the moment the affected person becomes aware of the error or fraud, or when the coercion (acknowledgment) ceases. In practice, cases involving fraud, threats, or fear of harm to relatives frequently occur, leading to the transfer of title deeds to another person, and therefore, title deed cancellation lawsuits are often filed.
What is a Title Deed Cancellation Lawsuit in Divorce?
In our legal system, spouses have equal rights to immovable property acquired during the marriage. In practice, it is observed that one of the spouses, who is in the process of divorce, transfers the immovable property registered in their name to another person just before entering the divorce phase or while the divorce case is still pending, in order to avoid the property being subject to division in the property settlement case. In such a situation, the other spouse can claim their rights over the property by proving their entitlement and argue that the registration is unlawful, and may file a lawsuit for cancellation and re-registration of the title deed to protect themselves from being wronged or losing their rights.
Lawsuit for Cancellation and Registration of Title Deed Based on Fiduciary Transaction
Fiduciary transactions are transactions where the trustor transfers a property to the trustee based on trust, and then, upon the expiration of the fiduciary transaction period or the fulfillment of its purpose, the property returns to the original owner. Our law directly addresses fiduciary transactions. The parties can only prove the fiduciary agreement with a written contract. In cases where the trustor cannot recover the property transferred to the trustee, they may file a lawsuit for cancellation and registration of the title deed based on the written agreement.
ANTALYA TITLE DEED LAWYER – ANTALYA REAL ESTATE LAWYER
Title deed cancellation and registration lawsuits are extremely important cases and can be filed for many independent reasons. Therefore, there are different procedures for each reason. It is very important for individuals to seek legal assistance to avoid loss of rights and prevent becoming victims. Based on our knowledge and experience in real estate related to title deed cancellation and registration cases, our law office provides professional assistance and support.
