Request For Transfer Of Land Share And Condominium Easement
Can a condominium easement be transferred?
A condominium easement is an easement right established by the owner or co-owners of a plot of land in accordance with the provisions of the Condominium Law for the independent sections of one or more buildings to be built or being built on a plot of land to be subject to condominium ownership in the future.
This right is established on a plot of land only by specifying in the contract or petition the share of land to be allocated to the independent section to which each floor easement relates, in the section of the register where the land is registered.
Apartments that are officially under construction and do not have a certificate of occupancy are apartments with a condominium easement. Well, can the condominium easement be transferred?
The title deed of the condominium easement can be transferred. With this transfer, the land share of the immovable is transferred. In other words, in the sales made in these structures, the sale of the land share is realized, not the apartment.
Those who buy a flat with a condominium actually buy the land share. Accordingly, the title deed given to the buyer is a title deed with a condominium easement.
Some banks do not allow housing loans for the sale of condominium buildings. In addition, subscriptions such as electricity and water are given from the construction site subscription.
… TO THE JUDGESHIP OF THE COURT OF PEACE
PLAINTIFF :
ADDRESS :
PROVISIONAL :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : Request for Transfer of Land Share and Floor Easement of the Defendant who does not pay its debts and does not fulfill its obligations.
EXPLANATIONS
1-) My client and the defendant … are building a construction on the land numbered … island … parcel. A condominium easement has been established on the land. (ANNEX-1)
2-) The defendant does not pay … TL. which he has to pay every month in accordance with the contract. Although a notary notice was sent, the defendant still did not pay the debt. (ANNEX-2)
3-) Due to the defendant’s failure to fulfill its obligations, the license could not be obtained and the condominium could not be established. It has become obligatory to file a lawsuit for the transfer of the defendant’s land share and condominium easement to my client … Cooperative and its members.
LEGAL GROUNDS : 634 S. K. Art. 26.
LEGAL EVIDENCE :
1-) Land Registry
2-) The contract between the parties dated …/…/…/…
3-) … Notary’s notice dated …/…/…/… …. dated
4-) Expert Examination.
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request on behalf of our client that the defendant’s land share and condominium easement be transferred to my clients in proportion to their land shares, provided that the present value is paid to him by us, and that the judicial expenses and attorney’s fee be imposed on the other party. …/ …/ …
ATTACHMENTS :
1-) Land Registry
2-) The contract between the parties dated …/…/…/… dated …/…/… dated …/…/…
3-) … Notary’s notice dated …/…/…/… dated …. with journal number
4-) One approved power of attorney sample
Attorney for the Plaintiff