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Acquisition of Ownership with Extraordinary Obtaining Timeout TMK m.713

A person who has been in possession of an immovable that is not registered in the land registry for twenty years without a lawsuit and uninterruptedly, may request the registration of the ownership right on the whole, part or a share of that immovable to the land registry. The same is true for immovables whose owner cannot be identified from the land registry or registered in the name of a person whose absence was decided twenty years ago. According to the Court of Cassation, the date on which the decision of absenteeism becomes final will be taken into account. Ownership of immovables belonging to people who have not been heard from for twenty years, but for whom a decision of absence has not been given, cannot be acquired by an extraordinary statute of limitations.

1-The Property is Eligible to Earn with Timeout         

The immovable must be suitable for acquisition with an extraordinary statute of limitations. As in the acquisition of property with ordinary statute of limitations, acquisition of ownership with extraordinary statute of limitations may also be the case for immovable properties that are suitable for private ownership. According to the Court of Cassation, the provisions of statute of limitation cannot be applied for the places that are transferred to the state as the last heir. The immovable must be without a title deed or an immovable belonging to unknown or absent persons.

In terms of immovables that have more than one record in the land registry and different persons appear to be the owners in each record, it is possible to acquire ownership with an extraordinary statute of limitations, since it is not possible to understand who the owner is in the land registry.

2-Fulfilling the Conditions Regarding Possession

The possessor who will acquire the ownership must be the owner of the relevant immovable for twenty years without a lawsuit and uninterruptedly. According to the Court of Cassation, the person or persons who pay the rent or compensation for the immovable they are in possession of, or who put another person in the place of the owner, respect his qualifications and superior right, or know that an immovable is the property of a foundation, accepts that he is not a possessor like the owner.

Even if a person who first seized the immovable as a possession may claim that he acted as an owner later on, he must prove this claim. For example, a possessor who enters the immovable as a tenant may prove that he has acted as the owner by not paying the rent after a while. However, since the change of possession is not retroactive, it must continue throughout the statute of limitations of possession as owner. Possession in immovables with title deed will be proved with all kinds of evidence, while the proof of possession in immovables without title will be made in accordance with Article 14 of the Cadastre Law.

Unlike the ordinary acquisitive statute of limitations, the possession must have continued for 20 years in order for the property to be acquired in the extraordinary statute of limitations. Each possessor with the conditions to benefit from the statute of limitations can add the possession period of the previous possessor with the same conditions to its own duration. In a decision of the Supreme Court, in order to add the possession of the inheritor to the possession of the heirs, it sought the proof of the possession of the legator with a document. The possession must be uninterrupted. The possession of the possessor within a period of twenty years must be a possession without litigation. Here, what is meant by the phrase “litigation” is that the real owner has not filed a lawsuit for restitution based on remuneration or possession. In order for the lawsuit to abolish the situation of no action, it must be brought against the possessor who will benefit from the gainful statute of limitations and must be concluded positively. The lawsuit filed by the person who unjustly sued does not break the statute of limitations in favor of the inactive owner.

3-Form Fulfillment of Conditions

When the conditions regarding the immovable and possession specified in TMK Article 713 are fulfilled, the possessor must file a registration case in order to ensure the registration of the immovable in his name. If the immovable subject to the registration case is not registered in the title deed, the immovable is registered on an independent page of the land registry by showing the plaintiff as the owner, upon the registration decision of the judge, in case the case is accepted; If the subject is an immovable registered in the title deed, upon the acceptance of the case, the registration of the former owner is canceled and the registration is made in the name of the plaintiff.

The registration case is filed against the Treasury and the relevant public legal entities or, if any, the heirs of the person appearing as the owner in the deed. In the case in question, the Civil Court of First Instance in the place where the immovable is located is authorized and in charge.

The subject of the lawsuit is announced by the court once in the newspaper, and at least three times at the location of the immovable, with appropriate means and intervals. If there is no objection that the conditions regarding the real estate and possession are not fulfilled within three months starting from the last announcement, or if the objection is not seen at the place of objection, the judge decides on the registration.

Acquisition of Movable Property through Acquisitioning Timeout

Article 777 of the TMK: A person who has a movable property of another person for five years without a lawsuit and uninterruptedly, in good faith and in the capacity of owner, becomes the owner of that movable property by statute of limitations. In case of involuntary loss of possession, if the possessor seizes the goods within one year or regains it through a lawsuit to be filed, the gainful statute of limitations will not be cut. The provisions of the Code of Obligations regarding the statute of limitations are applied by analogy in the calculation, interruption and suspension of the gainful statute of limitations.

Stj. Av. Elif Nur Akyol

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