Acquisition of immovable property by prescription under Turkish law

One of the important concepts in the field of law, which is in a constant state of change and renewal, is the concept of duration, i.e. time. Basically, this concept manifests itself in the field of law in two ways: one is the loss of rights, and the other is the acquisition of rights. Specifically, when the time limit specified by the law expires, a person either loses their rights or their ability to claim those rights is diminished, depending on the nature of the time limit. On the other hand, if certain conditions are met, the expiration of the time limit can help establish ownership of a right that a person did not previously have. The publicity of the property right, which is both a fundamental right regulated in the Constitution and a right in rem, is ensured by registration in the land registry. The concept of "acquisitive prescription," which has a function for the acquisition of rights, is one of the exceptions to this rule. Originating back to Roman Law, this concept has been applied in Turkish Law, which has been influenced by many legal orders throughout its history and has changed and developed depending on the needs of the time and has finally evolved to the present day with the adoption of the Swiss Civil Code, which is also based on Roman Law, into our legal system. The acquisitive prescription, which aims to eliminate the uncertainty of the ownership right on the immovable property by ensuring that the actual ownership status and the status in the title deed record are the same, also helps to ensure public order as it prevents possible confusion regarding the ownership of the property that may arise in this regard. Besides these reasons, this study focuses on the acquisition of immovable property by acquisitive prescription due to its deep-rooted history and practical importance. There are two different types of acquisition of immovable property by prescription: ordinary and extraordinary prescription. The study mainly focuses on these two types. Accordingly, the chronological history of the acquisitive prescription, the terminological equivalent of the concept, its systematics in the law, its types, the conditions, provisions, and consequences of the law that differ according to its types, and the judicial procedures have been examined in line with the doctrine and precedent.