What if Your Family’s Land Is Registered in Someone Else’s Name?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
ARE YOU DEEMED TO HAVE LOST YOUR RIGHTS IF YOUR FAMILY'S LAND IS REGISTERED IN SOMEONE ELSE'S NAME?
Attorney Gizem Gonce explains: Under what circumstances can land registry records be subject to litigation?
The fact that a piece of land has been used by a family for years, but is registered in the name of another person in the land registry, can cause significant legal problems. In such a case, is relying solely on family history sufficient?
What can be done if the land your family has been using for years is registered in the name of another person?
Attorney Gizem Gonce:
First of all, the existing land registry record and the historical ownership status of the land must be examined. It must be determined through which transaction the immovable was registered in the name of the current owner, what rights the family members hold, and whether there are documents supporting these rights.
If there is an allegation that the land registry record is unlawful, an action for land registry cancellation and registration or other legal remedies may come onto the agenda depending on the circumstances of the case.
However, the fact that the land has been used by the family for many years does not alone prove that ownership belongs to the family.
Can old documents or witnesses carry importance in the legal process?
Yes, depending on the nature of the dispute, old documents, official records, and witness statements may carry importance in the evaluation of evidence. Nonetheless, which evidence will be sufficient depends on the legal grounds asserted and the circumstances of the case. In land registry disputes, official records and legal grounds are just as important as family history.