Property Law encompasses movable and immovable assets over which individuals and institutions can establish ownership rights. The area containing the rules related to immovable assets under this heading Real Estate Law .
While there are other classifications based on criteria for property ownership, the fundamental distinction lies in the movability of the property. This is because the legal protection of rights over movable and immovable property necessarily varies depending on the nature of the property. For example, a lightweight but valuable item can be taken away, and the legal protection of such an item is regulated according to this characteristic. However, a building cannot be moved from one place to another, and the legal protection of rights over such a building is regulated according to this characteristic.
Real estate law deals with immovable properties such as land, plots, and independent units (buildings, apartments, workplaces, residences, villas, factories). These properties can be used for livelihood activities, which are essential for meeting basic needs, or for investment purposes. For example, one can earn a living through farming on a plot of land, meet housing needs in an independent unit, or purchase a property at a lower value with the expectation of a future increase in its value to generate profit.
One of the most important characteristics of real estate is its higher monetary value compared to other goods. Therefore, the protection of these assets, or any legal transactions related to them, must be based on solid foundations. The legislator has made the process of establishing rights over real estate more difficult and complex than with movable property, so that individuals make decisions about their real estate carefully considered rather than hastily and without foundation. This is because, since real estate is a high-value asset, any damage incurred will be greater than damage in other areas, or may result in damages that are financially irreparable. Furthermore, constructing a new real estate property, such as building a new building, is a costly undertaking requiring consideration of various factors, including environmental considerations. Therefore, it is legally mandatory to meet certain conditions. Accordingly, it is essential to carefully study these rules down to the finest detail. This is real estate law expert lawyercomes in. Their profession is to guide the lawyer in ensuring that the strict and detailed conditions regarding the protection, transfer, or construction of real estate are met.
Title Deed Cancellation and Registration Lawsuits
Due to the high economic value of immovable properties, the necessity of keeping them registered has arisen. Accordingly, the land registry is the place where records of rights to immovable properties, rights holders, and specific circumstances related to these rights are kept. The land registryis maintained by the state, and the state is responsible for any damages arising from the maintenance of these records. The purpose of maintaining the land registry is to accurately determine the rights and rights holders of immovable properties, which are considered more important assets than other goods. In cases where the records in the land registry are inaccurate or contain ambiguities, those who claim rights to these properties are given the opportunity to correct the situation, which is contrary to the purpose of maintaining the land registry, by presenting their claims through certain lawsuits.
- If the records regarding real estate registered in the land registry are altered (modified), deleted (cancelled) without a justifiable reason, or if an unjustified registration process is carried out concerning that property, the land registry record is deemed to be inaccurate. In this case, a lawsuit for the cancellation of the title deed is filed.
- If the relevant record is not found in the land registry, if the owner cannot be identified from the land registry, or if the owner died or was declared missing 20 years ago, the possessor of the immovable property can request the registration of the ownership right over the immovable property in their own name through a lawsuit. This lawsuit is a land registration lawsuit.
What is a Partition Lawsuit?
There is a distinction between sole ownership and joint ownership in terms of the number of people who own property. Accordingly, more than one person can own a property. However, this can lead to disputes. The lawsuit intended to resolve these disputes a partition lawsuit, or a lawsuit to dissolve joint ownership. If the co-owners of a property cannot agree on the division of the property, each co-owner can request the court to dissolve the joint ownership through this lawsuit. As a result of the court's decision, the property may be divided; if it cannot be divided, the proceeds from its sale will be distributed.
Real Estate Law, for the reasons we have mentioned, makes the guidance of someone with up-to-date legal knowledge on this subject essential. At our firm, of Real Estate Law are committed to providing the most helpful service. Contact us.