Request For Elimination Of Partnership Through The Establishment Of Condominium
What is Condominium Ownership?
Condominium ownership is defined by the Condominium Law No. 634. Stating that parts of a completed building such as apartments, workplaces, shops or warehouses are suitable for use in line with the purpose of construction, condominium ownership is the separation of property rights with the decision of the owners. The sections owned by the condominium are officially documented in the land registry records.
These factors ultimately necessitated the solution of combining the claims of a large number of small capital owners on a small number of plots of land on the market. If at least three factors led to the introduction of this solution, more than one reason has also been effective in the spread of this solution. For example, this solution enabled small capital holders, who were not initially oriented towards housing investment and could not choose a specific investment field, to turn towards this field. The fact that housing loans in the market have also increased their effectiveness in making households homeowners in this way can be observed in the increase in the tendency to use loans. The fact that these loans encourage the construction of new houses in particular must have contributed to the spread of this solution. Another reason should be the fact that this solution can accommodate the budgets of a wide range of income groups in our cities, as well as resulting in physical environments that do not create major conflicts with the different behavioral patterns of these groups. Indeed, apartment buildings seem to meet the housing needs of a large part of the socio-economic segments of society. Apart from cooperatives, the merger of more than one capital on a plot of land usually takes place when the builder sells the ‘independent sections’ of the building on the market during construction, and in many cases the landowner also receives a share of these ‘independent sections’. This should be such a widespread transaction that, as will be seen below, the relevant law has felt the need to provide guarantees to the landowner during this transaction and has introduced special provisions for this purpose. In this way, the capital required to start construction works can be kept at a minimum level. The introduction of the law has undoubtedly been a factor in spreading the practice. This merger within the market leads to the fragmentation of the ownership right on a building and its distribution among individuals, regardless of the means. The process of fragmentation of ownership in buildings has become widespread and has become a process that contributes significantly to the growth rate of our cities. We observe that this phenomenon, which we define today as ‘condominium ownership’, started and continued in our cities at similar times with slum settlement. Like squatting, condominium ownership emerged spontaneously and became widespread within this order, and after a certain period of time, it gained certainty with its legalization. In addition to timing, it is possible to make a series of generalizations about the relationship between property fragmentation and squatting in other aspects. On the spatial dimension, the population added to our cities
DIFFERENCES BETWEEN CONDOMINIUM OWNERSHIP AND CONDOMINIUM TENANCY
Among the types of title deeds, a distinction is made between land title deed, condominium title deed and condominium easement title deed, and it is seen that the condominium easement title deed is an intermediate form. There is no construction in the land title deed. For a title deed for a condominium easement, construction must be started but not completed. In a condominium title deed, there is completed construction. In short, the condominium easement, which is valid during construction, is a temporary document.
A condominium easement is obtained during construction and converted into condominium ownership when the construction is completed. However, in this conversion process, contractors play a role, not the owners. As a result of the contractors applying to the municipality with the occupancy license, the floor owner applies to the General Directorate of Land Registry and Cadastre with a petition. As a result of overcoming some procedures, a condominium title deed is obtained.
What is the Case for Elimination of Partnership (İzale-i Şuyu)?
İzale-i şuyu, or the lawsuit for the elimination of the partnership, is to end the partnership between the partners of the immovable property subject to joint ownership or shared ownership and to ensure the transition to personal ownership. Each of the shareholders who are partners in the movable or immovable property may file a lawsuit for dissolution of partnership against the other partners. The competent and authorized court in the case of dissolution of partnership is the civil courts of peace where the immovable is located. For example, for an immovable in Antalya province, the court to be applied for the dissolution of partnership is the Antalya Civil Courts of Peace.
You can click here for precedent Court of Cassation decisions on the subject.
Petition Sample for the Case for the Elimination of Shared Ownership through the Establishment of Condominium Ownership
TO THE MAGISTRATE LAW COURT
THE PLAINTIFF
DEFENDANT :
DEFENDANTS :
1-
2-
SUBJECT : It consists of the request for the elimination of partnership through the establishment of condominium ownership.
OUR EXPLANATIONS :
1-) Our client, together with the defendants, is a shareholder of the immovable registered to the title deed in … Province, … District, … District, … Neighborhood, … Island, … Pafta, … Parcel.(ANNEX 1) The transfer of the immovable to condominium ownership was not possible with the unanimity of the shareholders.
2-) The immovable in question has 4 floors and consists of 8 independent sections. All of the building in accordance with the architectural project is masonry and the independent sections are suitable for use on their own. It will be understood from the title deed records that each shareholder has at least one independent section. The architectural project approved by the municipality (Annex 2), certificate of occupancy (Annex 3), photographs approved by the municipality (Annex 4) and the management plan (Annex 5) are also attached to the petition.
3-) For these reasons we have explained, it has become necessary to apply to your court in order to ensure that the partnership in the immovable property in question is eliminated by establishing condominium ownership.
LEGAL GROUNDS : Art. 7, 10, 12, 50 of 634 S. Code; Art. 4, 12, 316, 322 of 6100 S. Code
LEGAL EVIDENCE : …/ …/ …/ … dated land registry, …/ …/ …/ … dated certified
project, certificate of occupancy dated …/ …/ …, …/ …/ …/
approved photographs dated …, management dated …/ …/ …
plan
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request on behalf of our client to resolve the partnership by establishing condominium ownership by specifying the land shares in the immovable property in question, and to decide to charge the trial expenses and attorney fees to the other party. …/ …/ …
Counsel for the Plaintiff
Related
ANNEXES 1- Title deed record dated …/ …/ …
2- Approved project dated …/ …/ …
3- Certificate of occupancy dated …/ …/ …
4- Approved photographs dated …/ …/ …
5- Management plan dated …/ …/ …
6- One approved power of attorney sample
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