Trough ordi̇nary and extraordi̇nary prescri̇pti̇on acqui̇sti̇on of ownershi̇p

Freehold emerges from two basic elements; which are earning the right of property via derivative acquisition or original acquisition. As a variety of original acquisition is acquisition by prescription. Acquiring by prescription is valid for both tangible and intangible assets. As ensured in Turkish Civic Code, a property may acquired by prescription as well as restricted real rights. Acquisition by prescription is divided into two sections in Turkish Civic Code; which are ordinary and extraordinary prescription. The main difference between ordinary prescription and extraordinary prescription is the requirement of bona fides of the possessor within the time period beginning from possession and during the timeline of the prescription. Yet, it is impossible to stipulate such a behavior for acquisition of the property during extraordinary prescription. Hence, to acquire an asset which is tangible or intangible by extraordinary prescription, the publicity of the land registration and or the whereabouts the possessor of the subject asset should be obscured. In fact, even if the possessor does know if he or she is the proprietor, also is deprived of the possibility to confirm the real proprietor of the subject asset. Another difference between ordinary and extraordinary prescription is the requirement of twenty years of demurrage for occupant instead of ten years. It is not very common to exercise terms of acquisition by extraordinary prescription of an asset at the present time. Especially, the annulment decision of The Supreme Court in 2011 and cadastral studies which almost come to an end throughout the nation may shown as the main reasons to lower the occurrence of acquisition by extraordinary prescription. Within this study, we have evaluated the adjudgment of Turkish Civic Code related to acquisition of the property by ordinary and extraordinary prescription within the light of the views of the Doctrine of Turkish Law and the judgements of The Supreme Court.