Registration Request For Untitled Immovable Property
REGISTRATION OF UNTITLED IMMOVABLE PROPERTY
ARTICLE 713 OF THE TURKISH CIVIL CODE
Extraordinary statute of limitations
A person who has been in possession of an immovable which is not registered in the land registry for twenty years without a lawsuit and without interruption, may request the registration of his/her right of ownership over the whole, part or a share of that immovable in the land registry.
Under the same conditions, the possessor of the whole immovable or a part of the immovable registered in the name of a person whose owner cannot be determined from the land registry or who was declared absent twenty years ago (23.07.2011 OG NO: 27893 ANY. COURT. 17.03.2011 T. 2009/58 E. 2011/15 K.) may also request the registration of the right of ownership over the whole, part or a share of the immovable in the land registry.
The registration lawsuit shall be filed against the Treasury and the relevant public legal entities or, if any, the heirs of the person who appears as the owner in the land registry.
The subject matter of the lawsuit shall be announced by the court once in a newspaper and at least three times in the place where the immovable is located with appropriate means and intervals.
If no one objects within three months from the last announcement, claiming that the above conditions are not met, or if the objection is not deemed appropriate and the claim of the plaintiff is proven, the judge shall decide on registration. Ownership shall be acquired as soon as the conditions stipulated in the first paragraph are realized.
Defendants and objectors may request registration in their own names in the same lawsuit.
In the decision, the nature, location, boundaries and area of the immovable to be registered shall be specified and a sketch of the immovable containing technical information prepared by experts shall be attached to the decision.
Special provisions of law are reserved.
…. … TO THE JUDGE OF THE LAW COURT
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
LEGAL REPRESENTATIVE :
(legal representatives of the parties, if any)
ADDRESS :
(of the legal representatives of the parties, if any)
DEFENDANT : 1-) Treasury
2-) Forest Administration
SUBJECT :It consists of our request for registration of the immovable without title deed.
CLAIM VALUE :
(in cases related to assets)
EXPLANATIONS :
1-) The immovable subject to the lawsuit, which is a field adjacent to … and … parcels in … Village, is not registered to the title deed. The immovable subject to the lawsuit is located outside the forest cadastre and 2/B article application made in … and it is one of the places that do not have forest qualification (Annex-1).
2-) The immovable property was sold to our client by … … with an external sales contract dated …/…/… (Annex-2 ) and its possession was transferred.
3-) During the intervening … years, our client has been in actual possession of the immovable property and has benefited from the immovable property by cultivating it. This situation will be clarified by the discovery and expert examination to be carried out by your court at the location of the immovable and witness statements (Annex-3).
4-) For the reasons explained, since the conditions for the acquisition of immovable property through acquisitive possession have occurred on behalf of our client, it has become necessary to apply to your court for the registration of the immovable property subject to the lawsuit.
LEGAL GROUNDS : Art. 713 of 4721 S. Code; Art. 2 of 6831 S. Code.
LEGAL EVIDENCE : The external sales contract dated …/…/… dated …/…/… regarding the immovable property subject to the lawsuit, which is a field adjacent to … and … parcelsin … Village, forest cadastral maps, witness statements, discovery and expert examination.
CONCLUSION AND REQUEST : For the reasons explained above, we request by proxy that the immovable property subject to the lawsuit be decided to be registered to the title deed in the name of our client, (The request for the value of the lawsuit, “reserving the rights regarding the surplus” or whether the value of the lawsuit is contentious or not; Although it may vary according to the petition prepared on the subject of the lawsuit, the relevant requests should be evaluated based on your concrete case.)We request by proxy to decide to impose the trial expenses and attorney’s fee on the other party. …/…/…
ANNEX:
1-) Forest cadastre maps.
2-) The external sales contract dated …/…/… dated …/…/… regarding the immovable subject to the lawsuit in the nature of a field adjacent to … and … parcels in … Village.
3-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
4-) One approved power of attorney sample.
Plaintiff Representative
………………………….