Prevention Of Seizure And Request For Protection Of Possession
COURT OF PEACE
Plaintiff: (owner of the immovable property)
Representative:
Defendant: (person who unlawfully seized the immovable property)
Subject: Request to prevent seizure and protect ownership
Explanations
1. Our client, the plaintiff, purchased the property located in … district, … neighborhood/village, … province, which is surrounded by a two-story building to the east, … Street to the west, a stream to the north, and a single-story building to the south, with an area of … square meters, from the defendant … on … by means of an external deed. Following the purchase, possession of the plot was also transferred to our client. After taking possession of the plot, our client excavated the foundation and constructed the foundation concrete, columns, and beams of the building but was forced to suspend construction due to financial constraints.
2. However, on … the defendant interfered with the construction on the plot of land owned by our client and converted some parts of the building into a residence. Upon this, our client reported the situation to the District Governor’s Office. However, our client was informed that they did not have the authority to intervene in this situation, and it became necessary to file this lawsuit.
3. The defendant has no right to the property in question. The records of the property tax paid by our client also prove our case. The client learned of the defendant’s encroachment on the aforementioned land on … and filed this lawsuit within the legal time limit.
Legal Evidence: Real estate sales deed, District Governor’s Office decision and file dated …, witnesses, expert report, real estate tax records, and all other legal evidence.
Legal Grounds: Relevant articles of the Turkish Civil Code and other legislation.
Claim and Conclusion: We respectfully request that, following the examination of the evidence, the court rule that the defendant’s interventions in the real estate in the possession of our client be prohibited, that our client’s possession be protected in accordance with the relevant articles of the Turkish Civil Code, and that the costs of the proceedings and attorney’s fees be recovered from the defendant.
Plaintiff
Attorney