In what circumstances can lawsuits for the cancellation and registration of title deeds be filed?

1. What is Fraudulent Inheritance (Concealing Assets from Inheritance)?

Inheritance fraud occurs when a testator, in order to influence the distribution of property among their heirs or to favor a specific heir (or a third party), transfers a property they actually intended to donate through a fictitious transaction recorded in the land registry, such as a "sale" or a "contract for care until death . "

In Turkish law, this concept, shaped by the Supreme Court's Jurisprudence Unification Decisions, states that the apparent transaction (sale) is legally invalid because it is not based on the true intentions of the parties. Similarly, the concealed transaction (donation) does not produce any legal consequences because it does not comply with formal requirements.

2. Who Can File This Lawsuit? (Standing to Sue)

A lawsuit for the cancellation and registration of title deeds due to fraudulent transactions by the deceased by all legal heirs, whether or not they have a reserved share, whose rights have been violated by the deceased .

• The deceased's children, grandchildren, and spouse are the primary individuals who can initiate this lawsuit.

• Important Exception: If the testator, while alive, transferred their property and obtained written or valid consent from all future heirs, or if the heirs subsequently confirmed this transaction in writing, then this lawsuit can no longer be filed.

3. What are the Basis and Legal Grounds of the Case?

According to the established jurisprudence of the 1st Civil Chamber of the Supreme Court of Appeals, the following elements are required in cases of fraudulent transfer of inheritance:

• The Contradiction Between the Apparent Transaction and the Hidden Transaction: A transaction registered in the land registry as a sale may actually be a gratuitous transfer (donation).

• Collusion: The intention to deprive heirs of their inheritance rights (to conceal assets).

4. Burden of Proof and Evidence in Cases of Fraudulent Transfer of Inheritance

In our legal system, allegations of collusion can be proven with any kind of evidence. The main evidence and circumstantial points we, as lawyers, present to the court are as follows:

• Price Discrepancy and Economic Situation: The exorbitant difference between the declared sale price and the actual market value of the property (e.g., a million-dollar property being sold for a symbolic amount).

• Buyer's Financial Capacity: The person claiming to purchase the property does not have sufficient income or economic means to make the purchase at that time.

• Relationship and Considerations Between the Parties: The degree of closeness between the seller (the deceased) and the buyer, family relationships, and whether the deceased had a reasonable economic need to make this sale (e.g., whether they genuinely needed the sale, where they spent the money).

• Witness statements and document reviews.

5. Is there a statute of limitations in this case?

In lawsuits for the cancellation and registration of title deeds filed due to fraudulent transactions by the deceased, there are no forfeiture periods or statutes of limitations.

• It can be opened at any time after the death of the testator .

• The fact that years have passed since the property was transferred in the land registry does not legally prevent the filing of a lawsuit.

6. What is the outcome of the lawsuit?

When the court determines that the deceased committed fraudulent transactions and decides to accept the case:

• The title deed showing that the property was transferred fraudulently (unlawfully) is completely cancelled.

• The immovable property is returned to the estate of the deceased (to the common ownership of all heirs).

• The heir who files the lawsuit becomes the registered owner (proprietor) in proportion to their inheritance share.

1. What is Abuse of Authority?

Under the Law of Obligations, an agency agreement mutual trust . The agent is obligated to act in the best interest and in accordance with the will of the principal.

Abuse of agency occurs when an agent uses their power of representation for their own benefit or in the interest of a third party, instead of protecting the client's interests. The most common examples in practice are:

• The agent sells the property to a relative or a third party at a price far below its market value (with an exorbitant price difference).

• The agent registering the property in their own name without the client's knowledge and exceeding their authority.

• The sale price was not paid to the client at all, or the property was acquired by the agent.

2. Who Can File This Lawsuit? (Standing to Sue)

This lawsuit can be filed directly by the owner of the immovable property whose title deed has been unjustly taken from them (the principal/client) .

• If the client has passed away, their heirs can file this lawsuit on behalf of the estate, requesting the return of the property to the estate.

3. Legal Basis and Court of Cassation Practice

In these disputes, which are based on the provisions of the Turkish Code of Obligations regarding the duty of loyalty and diligence, the Supreme Court has maintained certain balances with its established jurisprudence. According to Supreme Court decisions, in disputes between the agent and a third party (buyer), whether the third party acted in good faith is the most critical factor determining the outcome of the case.

• Good Faith Principle (Turkish Civil Code Article 3): If the third party acquiring the immovable property knows or should have known that the agent abused their authority (i.e., acted in bad faith), they cannot benefit from the protection afforded by Article 3 of the Turkish Civil Code.

• In this case, the third party's title deed is not preserved, and the property is returned to its former owner.

4. Burden of Proof and Evidence in Cases of Abuse of Power of Attorney

In our legal system, every claim must be proven, and evidence of abuse of power of attorney is also required. The main types of evidence we present to the court in legal practice are as follows:

• Market Value Discrepancy: The enormous difference between the sale price stated in the title deed and the actual market value of the property at that time.

• Bank Account Statements: The sale price was either never deposited into the client's account or the money cannot be traced.

• Relationships Between the Parties: The existence of ties such as kinship, business partnership, or acquaintance between the agent and the third party acquiring the real estate.

• Scope and Purpose of the Power of Attorney: The purpose for which the power of attorney is issued (e.g., whether it is only for administrative procedures or also includes sales authorization) and whether this authorization is based on a normal commercial activity.

5. Is there a statute of limitations in this case?

The law does not prescribe an explicit or specific statute of limitations for lawsuits seeking the cancellation and registration of title deeds based on abuse of power of attorney. However, in general practice, due to the principle of legal certainty, the lawsuit within a reasonable time . Supreme Court rulings emphasize that the lawsuit must be filed within reasonable timeframes from the date the incident and bad faith are discovered.

6. What is the outcome of the lawsuit?

If, after the trial, the court concludes that the attorney abused their authority and that the third party acted in bad faith:

• The title deed registration based on an incorrect registration will be completely cancelled.

• The immovable property is registered to the true owner (the client) whose ownership rights have been unjustly violated.

1. What is Legal Incapacity (Lack of Capacity to Discern)?

According to Article 13 of the Turkish Civil Code (TMK), everyone who is not deprived of the ability to act rationally due to minority, mental illness, mental weakness, intoxication, or similar reasons, has legal capacity under this law.

The capacity for discernment (or intellectual capacity) is a person's ability to understand the consequences, legal meaning, and implications of their actions, and to freely direct their will.

• If a person lacks the capacity to sign a title deed as of the date of signing, this constitutes "legal incapacity."

• Sales, donations, or testamentary dispositions made by a person without legal capacity are, as a rule, legally invalid because a valid declaration of intent has not been made.

2. Who Can File This Lawsuit? (Standing to Sue)

The following individuals can file a lawsuit for the cancellation and registration of a title deed due to legal incapacity:

• The Person Who Performed the Transaction: If the person becomes aware of this situation later, or if they are under guardianship, they can file a lawsuit through their legal guardian.

• Heirs: If the person alleged to be legally incapacitated (the deceased) has passed away, their legal heirs (children, spouse, etc.) have the right to file this lawsuit to protect their rights in the estate. Each heir may pursue this lawsuit individually in proportion to their inheritance share or on behalf of all rights in the estate.

3. The Principle of Public Order and its Importance in the Litigation Process

The claim of legal incapacity public order . Therefore:

• Even if the defendant (the person who acquired the property) denies this, the court is obliged to investigate the claim of incapacity ex officio (on its own initiative).

• The fact that the parties have reached an agreement on this matter or that there is another contract between them does not bind the judge.

4. Burden of Proof and Forensic Process in Cases of Driving Incapacity

Proof of a claim of legal incapacity must be based on concrete and medical evidence. The court follows these steps in the process:

• Medical File Review: All hospital records, prescriptions, doctor's reports, and documents related to past surgeries or treatments that demonstrate the person's health status as of the date of the transaction (the date of signature on the title deed) are requested from the court.

• Forensic Medicine Institute Review: All collected medical documents and witness statements to the 4th Specialization Board of the Forensic Medicine Institute .

• Final Decision: The Forensic Medicine Institute prepares a report on whether the person had the capacity to understand and reason at the time of the property transaction (whether they were legally competent). The court bases its decision on this scientific report.

5. Is there a statute of limitations in this case?

Since legal incapacity constitutes an absolute ground for invalidity, no statutes of limitations or forfeiture periods are prescribed for these cases.

• Regardless of how many years have passed since the transaction, a lawsuit for the cancellation and registration of the title deed can always be filed if the grounds for incapacity are proven.

• The acquisition of property by bona fide third parties relying on the registration in the land registry (Turkish Civil Code Article 1023) is, as a rule, not protected in cases of incapacity; because a registration established with an invalid intention constitutes an irregular registration.

6. What is the outcome of the lawsuit?

If, as a result of the trial, the forensic medical report confirms that the person was incapacitated to drive at the time of the incident:

• The title deed record relating to the property transfer is completely cancelled.

• Real estate is registered to its actual owner who lacks legal capacity, or, if the owner has passed away, to their estate (heirs)

Family Home Annotation and Title Deed Cancellation Lawsuits Arising from Lack of Consent

1. What is a Family Home and What is its Legal Protection?

According to Article 194 of the Turkish Civil Code, the family home is the private residence where spouses carry out all their life activities, live, and which has become their center of life.

The legislator has introduced a very strict rule to protect this dwelling:

• Requirement of explicit consent from spouses: One spouse cannot terminate a lease agreement, transfer ownership of the family home, or restrict rights over the property without the explicit consent of the other spouse

• Even without an annotation, protection exists: Even if there is no annotation designating a property as a family home in the land registry, transfers made without the consent of the other spouse are illegal if the property legally qualifies as a "family home.".

2. Who Can File This Lawsuit? (Standing to Sue)

A lawsuit for the cancellation and registration of a title deed due to lack of consent can be filed directly by the spouse who is the aggrieved party and whose consent was not obtained .

• This lawsuit can be filed while the marriage is ongoing or during the divorce proceedings.

• This avenue can be used against all unfair transfer transactions, whether made for consideration (for a price) or without consideration (as a donation).

3. Can a lawsuit be filed even if there is no "Family Home Annotation" on the title deed?

One of the most common misconceptions is the belief that a property can be sold without consent if it is not registered in the land registry as a "family home.".

• According to established case law of the Supreme Court of Appeals; even if there is no annotation in the title deed, if the property is actually used as a family home, sales made without consent are invalid, regardless of whether the third party acted in good faith.

• However, having a note registered in the title deed completely eliminates the "I didn't know" defense from third parties, thus strengthening the process legally.

4. The Claim of "Good Faith" by a Third Party During the Litigation Process

Third parties who acquire property without consent often defend themselves by saying, "There was no annotation in the title deed; I am a buyer acting in good faith." However, since the protection of family homes is a matter of public order:

• If it is established that the property is actually a family home and used as a common living space, the good faith of a third party is not protected.

• The court, upon determining that the spouse's consent was not obtained, orders the cancellation of the title deed.

5. Is there a statute of limitations in this case?

In cases of transfers made in violation of the family home designation and without consent, the law does not prescribe an explicit statute of limitations because the transaction approaches absolute nullity. However, in accordance with the principles of legal security and stability, it is as soon as possible .

6. What is the outcome of the lawsuit?

If, as a result of the trial, the court determines that the consent of the other spouse was not obtained and that the dwelling qualifies as a family home:

• The title deed registration based on an unlawful and non-consensual transfer will be cancelled.

• The dwelling is re-registered
  as part of the marital union's joint property or in the name of the spouse registered in the land registry

What is Irregular Registration and Lawsuits for Correcting Land Registry Records?

1. What is Fraudulent Registration?

According to Article 1024 of the Turkish Civil Code (TMK), fraudulent registrationis the erroneous or unjust registration of ownership in the land registry without a legal basis or valid legal reason.

• A registration becomes fraudulent if it is not initially based on a valid legal reason (e.g., forgery of documents, transaction by an incapacitated person, or unauthorized representation) or if it is based on a reason that subsequently ceases to exist.

• An improper registration is not legally protected and must be corrected because it infringes upon the property rights of the true owner.

2. In what situations does fraudulent registration occur?

The most common cases of fraudulent registration in practice are as follows:

• Forged Documents and Power of Attorney: Transfer transactions carried out at land registry offices using forged identity information or forged powers of attorney.

• Administrative Errors and Official Mistakes: Incorrect recording of parcel numbers, owner names, or share ratios during registration procedures at the land registry office.

• Null and Void Contracts: Transfers of ownership registered in the land registry based on a contract that has lost its validity, been terminated, or cancelled.

• Situations Where Legal Requirements Are Not Met: Administrative or judicial registration procedures carried out without complying with legal procedures.

3. Who Can File a Lawsuit for Correction of Land Registry Records? (Standing to Sue)

This lawsuit the actual rights holder whose property rights have been damaged or violated due to fraudulent registration .

• An owner whose name has been unjustly removed from the land registry or whose share has been reduced can directly apply to the court as a plaintiff.

• If the owner has passed away, their heirs can file this lawsuit on behalf of the estate to request the correction of the registry.

4. Status and Protection of Bona fide Third Parties

The most critical legal balance in fraudulent registration cases concerns the situation of third parties who acquire property relying on the land registry. According to Article 1023 of the Turkish Civil Code, the acquisition of ownership or another real right by a third party who relies in good faith on the registration in the land registry is legally protected.

• However, a third party cannot benefit from this protection if they know or should have known that the registration was fraudulent (i.e., acted in bad faith).

• In fraudulent registration cases, the good faith of the person who subsequently acquired the property is meticulously examined during the trial.

5. Is there a statute of limitations in this case?

In land registry correction (cancellation of fraudulent registration) cases, since the essence of the right to property is affected and the right to property is not subject to prescription, no forfeiture period or limitation applies.

• Regardless of how much time has passed since the date of the fraudulent registration, the true owner can always file a lawsuit to have the registration corrected.

6. What is the outcome of the lawsuit?

If, as a result of the trial, the court concludes that the registration is fraudulent (illegal):

• The fraudulently obtained property registration will be completely cancelled.

• The land registry is brought into conformity with the actual legal situation, and the property right is returned to the rightful owner.
  

Lawsuit for Cancellation and Registration of Title Deed Due to Breach of a Contract for Lifetime Care

1. What is a Lifetime Care Agreement?

A lifetime care contract , regulated under the Turkish Code of Obligations , is a bilateral contract with mutual benefit in which the care recipient (usually an elderly or needy person) undertakes to transfer a real estate property or all of their assets to the care provider (the person who assumes the obligation to care for and house them).

The fundamental spirit of this contract mutual trust and loyalty . The caregiver is obligated to provide the creditor with the necessary care and support for the rest of their life, to offer a family environment, and to cover their expenses.

2. Under What Circumstances Can a Lawsuit for the Cancellation and Registration of a Title Deed Be Filed?

The contract is deemed to have become unbearable if the maintenance debtor fails to fulfill their obligations under the contract, either completely or properly, commits gross negligence, or displays humiliating or violent behavior towards the maintenance creditor. The main grounds for litigation are as follows:

• The person obligated to provide care abandons the creditor, failing to cover hospital or medication expenses.

• The complete severance of the emotional bond between the parties and the impossibility of achieving the purpose of the contract.

• It is understood that at the time the contract was made, there was no real intention to assume the obligation of maintenance, but only for the purpose of fraudulent concealment (collusion).

3. Who Can File This Lawsuit? (Standing to Sue)

• The Maintenance Creditor Themselves: If the person who is a party to the contract and whose rights have been violated is alive, they can file this lawsuit themselves, requesting the termination of the contract and the registration of the title deed in their own name.

• Heirs: If the person entitled to maintenance has passed away, their legal heirs can file this lawsuit on behalf of the estate. According to the Supreme Court's precedent, heirs have the legal capacity to both protect the rights of their deceased relative and to demand the termination of the contract and the return of the immovable property to the estate on behalf of the deceased.

4. Burden of Proof and Evaluation of Evidence

In cases of breach of contract for lifelong care, the burden of proof rests with the plaintiff. The following elements are meticulously examined during the court proceedings:

• Witness Statements: Eyewitness testimonies from the maintenance recipient's close circle, neighbors, and relatives regarding whether the maintenance provider fulfilled their obligations.

• Health and Hospital Records: Who paid the healthcare costs for the care recipient during old age or illness.

• Social and Economic Status Investigation: Whether the debtor actually has the means and ability to fulfill the maintenance obligation, and whether they live under the same roof as the creditor.

5. Is there a statute of limitations in this case?

The law does not prescribe a specific statute of limitations for lawsuits concerning the termination and cancellation/registration of title deeds arising from breaches of lifetime care contracts. However, in accordance with the principles of legal certainty and stability, it is expected that the lawsuit will be filed within reasonable timeframes from the moment the justifiable grounds for termination arise.

6. What is the outcome of the lawsuit?

If, as a result of the trial, the court concludes that the maintenance debtor has failed to fulfill their obligations and that the contract has become unbearable:

• The contract is terminated and the transfer record in the land registry cancelled .

• The property is returned to the maintenance creditor or, if deceased, to the estate comprised of all heirs

Lawsuit for Cancellation and Registration of Title Deed Due to Breach of Construction Contract in Exchange for Land Share

1. What are the grounds for breach of contract?

The most common violations that pave the way for a land deed cancellation and registration lawsuit are as follows:

• Exceeding the deadline (Default): Failure to complete construction despite the expiration of the construction completion period agreed upon in the contract (or any legal extensions).

• Defective and Incomplete Workmanship: The presence of incomplete or defective workmanship that deviates from the project plans, technical specifications, or building permits, even though the construction has been completed.

• Construction Abandonment: This occurs when the contractor either fails to begin work at all or completely halts construction at a certain stage (e.g., at the rough construction level) and abandons the site.

• Situations Requiring the Recovery of Transferred Title Deeds: Title deeds transferred to the contractor as an advance payment or in stages as per the contract may be requested back by the landowner if the contractor fails to fulfill their obligations, thus creating the conditions for termination of the contract.

2. Things to Consider Before Filing a Lawsuit

Before initiating legal proceedings, it is critically important for the landowner to follow these steps to avoid suffering any loss of rights:

• Issuing a Warning Notice: According to the provisions of the Turkish Code of Obligations, a contractor who fails to complete the work on time or leaves it incomplete must be given a reasonable period of time via a notary public, and warned that otherwise the contract will be terminated.

• Evidence Collection: An expert examination should be conducted through the Civil Court of Peace to officially document the current physical progress of the construction, as well as any deficiencies or defects.

• Termination of the Contract: It is generally not possible to directly file a lawsuit for cancellation and registration of title without the conditions for justified termination being met. The court must first decide on the retroactive (or prospective) termination of the contract.

3. Legal Nature and Conditions of Title Deed Cancellation and Registration Lawsuits

The primary objective of this lawsuit is to have the title deeds, which were unfairly or gratuitously transferred to the contractor, cancelled and re-registered in the name of the landowner.

• Competent and Authorized Court: The lawsuit the Civil Court of First Instance. The competent court is the Civil Court of First Instance because the case concerns property rights.

• Claim: The lawsuit is brought against the contractor who is a party to the contract (or against third parties who have acquired the title deed from the contractor and cannot be considered to be acting in good faith).

• Termination Clause: If the contractor has completed the majority of their obligations (e.g., 90-95%), termination of the contract and cancellation of the title deed may not be permitted due to the principle of good faith; in this case, the landowner can only claim compensation or the cost of the incomplete work. However, termination and cancellation of the title deed are justified if the construction is at the initial stage or significantly incomplete.

4. Risks Encountered in Practice and Recommendations

• Transfers to Third Parties: Contractors often transfer the title deed shares they receive from the landowner to third parties or subcontractors. Since the principle of "Good Faith" (Turkish Civil Code Article 1023) comes into play at this stage, it is vital to obtain a precautionary measure on the property before filing a lawsuit for the cancellation of the title deed

• Statute of Limitations: Although lawsuits for termination of contract and cancellation of title deeds based on breach of contract are not subject to specific statutes of limitations or forfeiture periods, swift action should be taken from the moment the breach is learned in order to ensure legal security and prevent the loss of evidence.

Lawsuit for Cancellation and Registration of Title Deed in Cases of Fraud (Deception), Coercion (Suspicion), and Threat

1. What is Fraud (Deception) and How Does it Affect the Annulment of Property Deeds?

Fraud is when one person intentionally convinces another of a false statement or perpetuates an existing error, thereby leading them to make a declaration of intent (such as selling or donating property).

• Examples: Misrepresenting the zoning status of a property, concealing a demolition order, deliberately misrepresenting the value of a property, or transferring ownership by simply stating "you are only giving a power of attorney."

• Conditions: In order to speak of fraud, the other party had the intention to deceive, and the deceived person must have signed the contract as a result of this deception (causal link).

2. Cases of Coercion (Intimidation) and Threat

Coercion is the act of forcing someone to surrender their will by threatening them or their close relatives with a grave and imminent danger to their life, physical integrity, honor, or property.

• Examples: “If you don’t transfer this title deed, I will harm your family,” “I will shut down/bankrupt your business,” or being forced to sign under duress through threats of illegal execution or criminal charges.

• Legal Nature: The will of a person who has been intimidated is considered to be completely impaired. Property transfers made under these circumstances are clearly contrary to the principle of freedom of will.

3. Statute of Limitations: Pay attention to the 1-Year Limit!

In cases of fraud or coercion, the contract does not automatically become void; strict adherence to the legal time limit is required to exercise the right of cancellation

• According to Article 39 of the Turkish Code of Obligations, within one year from the date the fraud or coercion is discovered ; otherwise, this right lapses.

• The one-year period begins from the moment the effects of the intimidation cease and the deception is discovered. In any case, the passage of many years since the transfer of ownership can make seeking justice more difficult.

4. Critical Issues in the Litigation Process

• Competent and Authorized Court: The lawsuit shall be filed in the Civil Court of First Instance located where the property is situated

• Burden of Proof: The claimant is obligated to prove fraud or coercion with any available evidence (witnesses, audio/text recordings, expert reports, official documents). Proving a defect in consent is the most critical stage in legal proceedings.

• Provisional Injunction: To prevent the transfer of the title deed to third parties and the resulting loss of rights, a provisional injunction must be requested at the beginning of the lawsuit.

Title Cancellation and Registration Lawsuits Arising from Urban Planning Applications (Parceling)

1. What are the legal irregularities encountered in urban planning applications?

The following human rights violations frequently occur during the preparation and implementation of land subdivision plans:

• Regulation Partnership Share (DOP) Deduction Violations: Exceeding the legal rates stipulated in the law, or the unlawful, duplicate, or incorrect calculation of public partnership share deductions.

• Interference with the Essence of Property Rights: The allocation of a plot of land to the landowner that is very different from their previous location, not equivalent in value or quality, and located far away or of inferior quality.

• Practices Based on Illegal Zoning Plans: If the master or implementation zoning plan, which forms the basis of the subdivision plan, has been annulled by a court decision, the subdivision procedures related to it still retain their legal basis.

2. Division of Jurisdiction Between Administrative and Judicial Courts (Critical Distinction)

The most common confusion in these cases lies in determining the competent court and the administrative appeal processes that must be followed

• Annulment Lawsuit (Administrative Court): If the zoning plan itself is unlawful, an Annulment Lawsuit be filed in the Administrative Court to annul the plan. Administrative courts only review the legality of the process; they cannot directly decide on the cancellation and registration of title deeds.

• Title Deed Cancellation and Registration Lawsuit (Judicial System): After a final decision is obtained from the administrative court regarding the cancellation of the parceling plan, a Title Deed Cancellation and Registration Lawsuit is filed in the Civil Court of First Instance to restore the ownership status to its original state or to correct the title deed according to the new situation . The judicial system is in a position to implement the cancellation decision of the administrative court and correct the title deed.

3. Points to Consider During the Litigation Process

• Statute of Limitations: Objections to zoning and subdivision plans must be filed through administrative channels or a lawsuit for annulment must be filed directly in the Administrative Court within the public notice period (usually 30 days). It is extremely difficult to obtain the annulment of subdivision plans after the deadlines for filing administrative lawsuits have passed.

• Property Protection and Compensation Alternatives: If, as a result of urban planning, the property has been completely allocated to a public area (road, park, etc.) and no alternative allocation is possible, compensation increase/expropriation without compensation or administrative compensation lawsuits should be considered instead of cancellation and registration of the title deed.

Title Deed Registration Lawsuit Based on Acquisitive Prescription and Possession (Turkish Civil Code Article 713)

Article 713 of the Turkish Civil Code, which regulates acquisitive prescription and possession, and the lawsuit for registration of title (commonly known as the registration of unregistered real estate), is an important legal avenue that allows for the registration of real estate not registered in the land registry, or whose owner has been declared missing for more than 20 years or whose identity is unknown, in the name of the possessor under certain conditions.

1. What are the basic requirements for filing a lawsuit?

For a property to be acquired through acquisitive prescription and registered in the land registry, the following conditions required by the Turkish Civil Code must be met cumulatively (simultaneously):

• The Property Must Be Unregistered: The property in question must be unregistered land under the control and disposition of the State, or not registered in the land registry.

• Uninterrupted and Undisputed Possession: the immovable property has been used continuously (uninterrupted) by the possessor (plaintiff) for at least 20 years , free from any disputes (undisputed).

• Possession as Owner: Possession must be maintained with the intention of using the immovable property as if one were the owner (i.e., with the awareness of ownership). Uses based on limited real rights such as lease agreements or usufruct rights are not considered within this scope.

• Exceptions for Development and State Lands: Not all unregistered land can be acquired through this method. Certain special areas that are under the control and disposition of the State by law (for example, forests, areas within the coastal zone, areas allocated for public service) cannot be acquired through prescriptive acquisition.

2. Two Different Types of Registration

Cases filed under Article 713 of the Turkish Civil Code are divided into two main groups in practice:

• Registration by Extraordinary Prescription (Paragraph 1): This refers to the situation where a property with no record in the land registry is held in possession for a period of 20 years under the conditions described above.

• Properties with Unknown Owners or Those Declared Missing (Second Paragraph): This type of lawsuit can also be filed for properties registered in the land registry but whose owner died 20 years ago or has been declared missing, and whose identity cannot be determined from the land registry records.

3. Rules of Procedure and Process for Litigation

Because these cases directly affect property rights, they are subject to extremely strict procedural rules:

• Competent and Authorized Court: The lawsuit shall be filed in the Civil Court of First Instance located where the property is situated

• Adjudication (Treasury and Relevant Public Institutions): The lawsuit is filed against the Treasury and the relevant legal entity (e.g., the relevant municipality or village legal entity).

• Publication Requirement (Critical Stage): The court announces the filing of the lawsuit and the characteristics of the property three times through newspapers and local means (village headman's notice, etc.) . If no objections are received within 3 months of the announcement date , or if the objections are deemed unfounded, the court orders registration.

4. Burden of Proof and Evidence

The burden of proof that possession has been lawful and uninterrupted for 20 years rests with the plaintiff. The most effective evidence in this process is as follows:

• Witness Statements: Impartial statements from residents of the village or neighborhood where the property is located, confirming the history and duration of possession.

• On-site Inspection and Expert Examination: An on-site inspection to be conducted by the court's judge and technical experts (surveying and agricultural engineers).

• Technical evidence: Aerial photographs, satellite imagery, historical land registry sketches, and tax records.