Land Share Definition: Land shares are common property shares mentioned in the condominium law and allocated to independent sections. These shares represent a property right and are protected under both the Constitution and international law, such as the European Convention on Human Rights.
The Importance of Land Share in Urban Transformation:
In the urban transformation process, especially within the framework of Law No. 6306 on the Transformation of Areas Under Disaster Risk, land shares are of great importance. Following the demolition of buildings, it is possible for owners to make reconstruction decisions and make construction contracts according to their land shares. In this process, determining the correct rate of land share plays a critical role in protecting the rights of the owners.
Problems Encountered in Land Share Rates:
Disproportions are often observed between land registry records and actual land shares. This situation can lead to serious problems, especially in urban transformation projects and disputes between owners. Land share correction cases are filed to correct these disproportions through legal means.
Needs Correction:
Within the scope of urban transformation, it stands out that the land share must be corrected before the demolition of the relevant real estate. Because detections that can be made after the building is demolished may not prevent possible loss of rights. For this reason, it is important to initiate legal processes and determine land shares correctly before a possible demolition.
Land Share Adjustment Case Process:
In this type of case, owners or related parties can apply to the court to have the current status of their land shares legally rectified. The lawsuit is carried out with the request to determine the correct proportions of land shares and to update the land registry records accordingly. This process aims to protect both current and future rights of owners and usually requires an expert review.
What is the Lawsuit for Correction of Land Share?
Importance of Land Share:
Land share, in condominium law, refers to the shares allocated to independent sections. In processes such as urban transformation and construction contracts in exchange for land shares, correct determination of these shares is of great importance for the relevant owners. Owners who think that there is an error in the land share can apply to the court to correct the land share correctly.
Legal Basis:
The Land Share Correction Case is filed based on Article 3 of the Condominium Law. This article stipulates that in cases where the shares of independent sections are not allocated proportionally, owners of condominiums or floor easements may adjust their land shares.
Limitation and Limitation Period:
Since these types of lawsuits are filed during the establishment of condominium or floor easement, they are not subject to a certain statute of limitations or limitation period. Especially in urban transformation processes, it is critical to file a lawsuit before the property is demolished. After the demolition, the possibility of filing a lawsuit disappears since there will be no real estate that is subject to condominium ownership or easement.
Post-Litigation Demolition Process:
When a Land Share Correction Case is filed, the demolition of the relevant real estate and other interventions can be stopped by the court with an interim injunction. This prevents these actions from being carried out until the case is concluded, even if a demolition decision has been made. This process is important to ensure that rights over real estate are protected.
This lawsuit protects the rights of the owners and prevents injustice that may occur due to incorrectly determined land shares. Such cases are of great importance to ensure that owners do not lose their rights, especially in evaluation processes such as urban transformation.
Parties to the Lawsuit for Correction of Land Share
Plaintiff:
The lawsuit for correction of land share can be filed by any owner who has the right to condominium or floor easement. However, according to the Supreme Court case law, the plaintiff must be in good faith. Owners who are personally present at the establishment of the condominium or easement and determine the land share themselves are generally not considered to be in good faith when they file this lawsuit.
Defendant:
In this case, all flat owners except the plaintiff must be listed as defendants. This ensures that the case has a broad trial, covering all relevant parties.
Responsible and Competent Court:
Land share correction cases are declaratory cases filed within the framework of the condominium law, and since they are related to real estate, the Civil Court of Peace, which is the court where the real estate is located, is the competent and competent court for such cases. This requires cases to be handled locally based on the location of the property.
Such cases are important to ensure a fair and accurate land share distribution in condominium structures. Relevant owners may resort to such legal remedies to protect their legal interests and prevent possible value losses.