Title Deed, Ownership and Construction in 25 Questions — Atty. Aylin Esra Eren

Showing the actual sales price low can generate consequences in terms of tax law. Tax loss penalty (vergi ziyaı cezası) and late-payment interest can come into question.

If there is abuse of power of attorney, exceeding authority, or other invalidity reasons, title deed cancellation and registration can be requested.

The allegation of forgery can be the subject of a criminal investigation and a title deed cancellation lawsuit. Official records and signature examination are important.

The explicit consent of the other spouse is required within the scope of Article 194 of the Turkish Civil Code. Family residence annotation and the concrete transaction must also be examined.

The contractor's default, breaches, and contract provisions are evaluated. Termination and compensation claims can come into question.

If contract and default conditions exist, loss of rent or other damages due to delay can be claimed.

Statute of limitations and forfeiture periods vary according to the legal reason for the lawsuit. It is not correct to give a general period.

Land ownership, good faith, and the value of the structure are evaluated within the scope of provisions on encroaching structures and unauthorized construction.

In joint ownership with shares, the owner can transfer their own share. However, the pre-emption right of other shareholders and statutory conditions must be taken into account.

The consent of other owners and zoning rules must be evaluated according to the nature of the structure and the type of partnership.

Application to the title deed office or a lawsuit for the rectification of the title deed record can come into question depending on whether there is a material error or a legal dispute.

No. The right of ownership does not depend on the physical presence of the title deed document. The record in the title deed registry is taken as a basis.

The existence of a fiduciary transaction (inançlı işlem), collusion, or other legal reasons must be investigated. Rules of proof are important.

Prevention of interference, demolition, determination of the boundary, or compensation claims can come into question.

The scope of the document, building registration status, and zoning legislation must be examined together. Every building registration certificate does not eliminate all legal problems.

The protection degree of the immovable, conservation status, and relevant permits must be examined. Although sale is possible, there may be restrictions on use and construction.

The nature of the agricultural land, zoning status, and relevant permits are decisive. It is not possible to build a residence on every field.

Floor servitude refers to rights connected with a project not yet completed or at the construction stage, whereas condominium refers to the ownership of completed independent sections.

The use of common areas is subject to the Condominium Law and the management plan. A owner cannot act alone in a way that violates the rights of others.

For renting common areas, statutory majority and management plan conditions must be examined. The manager alone does not have unlimited authority.

Branch and root overflow is evaluated within the framework of the neighborhood provisions of the Turkish Civil Code. Appropriate notification and statutory conditions must first be examined.

Title deed registry, good faith, and the legal nature of the mortgage must be evaluated. Claims for defects or compensation against the seller can also come into question.

Cadastre records and technical measurements are examined. The periods of cadastre correction and title deed lawsuits are of special importance.

In case of breach of contract or unlawful construction, injunctions and other legal remedies can be evaluated.

There are lawsuit and objection paths regulated in the law in terms of expropriation proceedings and price determination. Periods must be followed carefully.