A title deed annulment lawsuit is filed on the grounds that the land registry has been established irregularly and illegally, with the aim of rearranging the registry in accordance with the law and the actual situation. Since this type of case concerns property rights, enforcement proceedings cannot be carried out without a final court decision.
In terms of protecting property rights, title deed cancellation and registration cases are of great importance in our legal system. The right to property is one of the fundamental rights protected by the Constitution, as well as by Additional Protocol No. 1 of the European Convention on Human Rights, and is subject to international law control. The European Court of Human Rights has stated that every state has an obligation to protect the property rights of its citizens. If a person's property right cannot be protected, national legal remedies must first be exhausted in order to redress the grievance experienced. If the appeal and appeal application is concluded by the Court of First Instance and a violation of property rights is determined, there is the right to individual application to the Constitutional Court. After domestic remedies have been exhausted, an application can be made to the European Court of Human Rights alleging human rights violations.
Filing of Title Deed Cancellation and Registration Case
The title deed annulment case, like other real estate cases, is filed in the court where the real estate (property) is located. This court is the court where the real estate that is the subject of the case is located, and since this authority is related to public order, it cannot be changed by the parties. Even if the parties agree to have the case heard in a different location, this does not change the situation. The court must automatically check whether the case has been filed in the competent court. This situation is among the conditions of the case and if the case is not filed in the competent court, the case is rejected in terms of procedure in accordance with Articles 114/1.c and 115 of the Code of Civil Procedure.
What are the Important Points in the Deed Cancellation Case?
The title deed cancellation case is filed in the civil court of first instance where the real estate is located and this court has jurisdiction. The petition for title deed cancellation and registration must be complete and flawless. The registration information of the real estate and all illegal situations related to the incident should be clearly stated. In the petition, the request for an expert and the issues to be taken into account during discovery and hearing of witnesses should be clearly emphasized. Each case and evidence must be included in the lawsuit petition. Facts or evidence not specified in the petition or the response petition may remain within the scope of the prohibition of expanding the claim and may result in loss of rights.
Reasons for Filing a Title Deed Cancellation Case
The reasons for filing a title deed cancellation lawsuit vary. These lawsuits can be filed in the civil courts of first instance where the property is located, for different reasons. Here are some of these reasons:
- A lawsuit may be filed due to lack of legal capacity,
- A lawsuit can be filed for the annulment of transactions that are made for the purpose of stealing property from the inheritance and are shown as sales in the title deed, although they are actually for donation purposes.
- In case of abuse of power of attorney, a lawsuit can be filed,
- A lawsuit can be filed alleging the invalidity of the 'care until death' contract,
- A lawsuit can be filed for reasons arising from zoning law,
- A lawsuit may be filed due to disputes regarding family residence,
- A lawsuit may be filed due to border disputes and quantity differences in the land registry,
- A lawsuit may be filed due to improper registration,
- Due to cadastral measurement errors or incorrect records, a lawsuit may be filed based on reasons before the cadastral survey,
- Pursuant to the provisions of the Coastal Law, Forest Law and other legislation, a lawsuit may be filed by the treasury or relevant administrations for the cancellation of the registration of lands that cannot be registered as private property,
- A lawsuit may be filed for the cancellation of title deed records that do not reflect the real situation and were registered in the name of someone else without a deed,
- A lawsuit may be filed due to incompatibility between the land used on the ground and the parcels registered in the title deed or technical errors.
Who Has the Authority to File a Title Deed Cancellation and Registration Case?
Since land records are public, anyone can examine these records. If a land registry has been created irregularly and illegally and there is any person who is harmed by this situation, this person has the right to file a title deed cancellation lawsuit.
The title deed cancellation lawsuit is usually filed together with the registration request. Because only the cancellation of the title deed registration leaves the owner section of the real estate empty. The registration request also indicates the plaintiff's legal interest and the reason for filing the lawsuit. Therefore, title deed cancellation cases should actually be filed as "title deed cancellation and registration cases". Canceling the title deed of a real estate does not provide any benefit to the person concerned. For this reason, the plaintiff must request title deed registration on behalf of himself, the inheritor or the debtor to whom he is a creditor, or on behalf of the person who is the rightful owner of the real estate.
For a real estate acquired through inheritance, a title deed cancellation and registration case must be filed by all of the heirs together. A lawsuit filed by a single heir or some heirs will not be accepted by the court. When the court receives such a petition, instead of immediately rejecting the case due to deficiency, it should give the plaintiff time to ensure that all other heirs are involved in the case or to certify their approval of the case, in accordance with the Supreme Court decisions. "If the deficiency is not corrected, the case should be considered not filed.
Against Whom Can A Title Deed Annulment Lawsuit Be Filed?
Title deed cancellation and registration cases are filed against the owner of the real estate registered in the title deed. Such lawsuits cannot be filed against persons who are not registered owners of the real estate in the title deed, and even if they are, they will be rejected due to lack of party status. However, if not knowing who the land registry owner is or if an error in this regard is based on an excusable and court-acceptable justification, it may be possible to change the defendant in accordance with Article 124 of the Code of Civil Procedure. Even in such a case, the judge may sentence the plaintiff to pay the litigation expenses of the person who was later replaced as the defendant in the case filed against the wrong defendant.
If the real estate is registered in the name of more than one person jointly in the title deed, the lawsuit must be filed against these people together (Compulsory litigation). A title deed cancellation lawsuit for a real estate transferred by inheritance and registered in the name of the deceased must be filed against all heirs of this person. A lawsuit cannot be brought against a dead person.
Duration and Time Limits for Filing a Title Deed Cancellation Case
In legal systems, there is a principle that cases are filed within a certain period of time. As a requirement of the principle of legal security, this rule stipulates that some cases should be filed only within the specified period, and cases filed after this period may be rejected due to the need to preserve the current situation.
The deadlines for filing a lawsuit may depend on the statute of limitations or statute of limitations. Limiting periods are the periods determined by law, and cases that are not filed within this period are cases where the judge must automatically reject the case due to the expiration of the period, even if the defendant party does not object. As for the statute of limitations, it can be raised with the objection of the defendant party and must be brought up in the trial within a certain period of time.
The statute of limitations for a title deed annulment case varies depending on the legal reason and the relevant law. Usually this period is 10 years.
Cadastre-based title deed cancellation and registration cases must be filed within the 10-year "limiting period" specified in the Cadastre Law. After 10 years after the completion of cadastral works, a lawsuit cannot be filed on the grounds that these records do not reflect the truth.
In cases arising from inheritance law, the law may stipulate different periods of time. However, title deed cancellation cases based on muris collusion between heirs (transactions based on the purpose of stealing property from the heir) are generally not subject to the limitation period or statute of limitations.
Definition of Registration and Its Role in Real Estate Ownership
Registration is a basic method for acquiring real estate ownership, according to Article 704 of the Turkish Civil Code. According to this article, real estate ownership is generally acquired by registering it in the land registry. However, real estate ownership can also be acquired through non-registered means such as statute of limitations, court decision, forced enforcement, occupation, inheritance and other situations specified in the law.
As a situation observed especially in village settlements, some immovable properties can change hands through external sales without being registered in the title deed. In this type of sales, documents such as "village deed" are generally used. In these cases, even though real estate ownership has been legally acquired, the subsequent registration in the land registry serves a declarative, not a constitutive, function. For example, upon the death of the testator, the heirs acquire ownership of the real estate belonging to the testator upon the occurrence of death, without registration, unless otherwise agreed in the inheritance contract or will. Likewise, under the conditions specified in the law, ownership of the immovable property can also be acquired through prescription.
As a rule, the establishment of property rights is achieved through registration, and even in cases of unregistered acquisition, it is recommended that the ownership of the real estate be registered in the title deed. If the owner of immovable property wants to benefit from the protective and notification effects provided by the property right, he must ensure that this right is registered in the land registry.
Definition and Legal Discussions of Corrupt Registration
The term "illegal registration" is a concept that causes various debates in legal doctrine and jurisprudence. There are two main views on the interpretation of this concept. A group of writers and judges argue that illegal registration only covers registration transactions that are carried out without complying with the procedure prescribed by law and are therefore contrary to the real right status. While another group adopts the view that all registration procedures that do not reflect the real rights status should be considered as illegal registration.
Different naming of title deed cancellation and registration cases based on illegal registration and title deed cancellation and registration cases based on other reasons may lead to confusion. At this point, it is important to convey the material events clearly and conduct the trial process effectively, taking into account that the legal qualification will be made by the judge.
Deed Cancellation and Time Limits According to Forest and Coastal Laws
Cancellation of title deeds of immovable properties that cannot be registered as private property and are within the scope of the Forest Law or Coastal Law is not subject to any time limit. However, due to the legislation in force in the past, in cases where it was possible to register these immovable properties as private property, the title deeds legally established at that time may need to be protected within the framework of the 'acquired right' principle. There are decisions of the relevant chambers of the Supreme Court on this issue.
Title deed cancellation cases based on illegal registration are also not subject to any time limit. However, it is not correct to say that every false registration is 'illegal registration'. "Which registrations will be considered corrupt and in which cases they will be annulled are defined in the Civil Code and determined by the Supreme Court jurisprudence, within the framework of the principle of protecting the bona fide gains of those who purchase the real estate from the registered owner, relying on the title deed record of the real estate."
Competent Courts in Deed Cancellation and Registration Cases
The primary court in charge of title deed cancellation and registration cases is the Civil Courts of First Instance, according to Article 2 of the Code of Civil Procedure No. 6100. However, there are some exceptions to this general rule. For example, while title deed cancellation and registration cases arising from commercial relations can be heard by the Commercial Courts of First Instance, cases arising from consumer relations can be heard in Consumer Courts. In addition, there are Supreme Court decisions stating that if a person purchases more than one real estate, there is no consumer relationship and the Civil Courts of First Instance have jurisdiction. Therefore, at the opening stage of title deed cancellation and registration cases, it is important to carefully evaluate the concrete case and determine the task correctly.
The competent court in title deed cancellation and registration cases is the court where the immovable property in question is located, according to the Code of Civil Procedure No. 6100. This court is considered to have absolute authority by law and the parties cannot authorize another court by making a jurisdiction agreement. Jurisdiction is considered a condition of litigation for such cases and the court must consider the claim of lack of jurisdiction at every stage.
The right to property is protected by the Constitution, as well as by the European Convention on Human Rights (ECHR) and other international agreements to which Turkey is a party. For this reason, rights holders who have exhausted domestic remedies can apply individually to the Constitutional Court if they believe that their property rights have been violated; If this application fails, they can apply to the European Court of Human Rights.
Statute of Limitations in Deed Cancellation and Registration Cases
Title deed cancellation and registration cases are generally not subject to statute of limitations since they relate to real rights such as property rights. However, there are some exceptions to this general rule. In particular, a 10-year limitation period can be applied in title deed cancellation and registration cases based on pre-cadastral rights. In such cases, due to time limits and other legal details, it is of great importance to receive legal consultancy and litigation representation services from a real estate lawyer who is an expert in his field.