Extraordinarily lucrative acquisition through time limit

In case an immovable property is owned for a while under theconditions required by laws, then the ownership of that immovable property isacquired. This way, such an acquisition of ownership of an immovableproperty is called exraordinarily lucrative acquisition through time limit. Theimmovable properties as subject-matter of lucrative time limit are usuallyimmovable properties without Title Deeds. Exraordinarily lucrative acquisitionthrough time limit of immovable properties constitutes the subject of ourstudy. The reason that leads us to examine this subject is that the saidsubject is a hot issue due to many immovable properties without Title Deedsin our country.The essential decree that regulates the acquisition of ownership ofimmovable properties through time limit and gives permission for theacquisition of immovable properties not registered in Title Deed Office isArticle No: 713 of Turkish Civil Code. For the acqusition of immovableproperties out of land survey area depending on this decree, it must be thesubject-matter for the lawsuit of registration by its owner. In Article No: 14 ofLand Survey Code, it provides possibility for the determination of animmovable property in land survey area by way of an exraordinarily lucrativetime limit in the name of its owner. Yet, Due to Article No: 33/f.3 of LandSurvey Code, limitations concerning the way of demonstration of ownershipaccording the area of the immovable property put forth by Article No:14 ofLand Survey Code have turned out to be general decrees to be applied out ofLand Survey. For this reason, while in our study the conditions of acquisitionthrough extraordinarily lucrative time limit and its consequences areexamined, 2 decrees were taken into consideration, too. In this respect in ourthesis the conditions of acquisition were examined in three groups asconditions with respect to immovable property, the ownership and theprocedure.The precedent condition of acquisition through extraordinarily lucrativetime limit is that the place must be the suitable one to be acquiredconsidering the quality of immovable property. Thus, the immovable propertymust be suitable for private ownership and not registered in Title Deed Office.These are conditions of acquisition concerning immovable properties. Theplaces under the decree and disposition of the state are acquired by onlybuilding up and recreating them.In capacity of the ownership of the immovable property, the personthat is the permanent owner without any lawsuits for twenty years canacquire it this way. These are called the conditions of acquisition concerningthe immovable property. Yet, for the acquisition of the property throughextraordinary time limit the owner?s goodwill is not seeked.The third group conditions with respect to acquisition of immovable propertiesthrough lucrative time limit, are conditions concerning procedure. During landsurvey the owner may demand its determination on his/her behalf bynotifying his acquisition of immovable property through extraordinary timelimit. Except this, in accordance with Article No: 713 of Turkish Civil Code inthe event of implementing the conditions with respect to the immovableproperty, the owner may demand on his/her behalf the register of theownership of immovable property by applying for the court. Under thiscircumstances the lawsuit of register shall be sued to the disadvantage ofpublic legal person relating to treasury. In case of this lawsuit being broughtto the court, the court shall announce the lawsuit once through thenewspaper and three times at least in place where the immovable property isthrough suitable means and time intervals. From the last announcement athree-month period of objection is necessary to pass. The role of the periodof objection given prior to Law No: 4721 was controversial in doctrine andapplication. With the help of Article No: 713 of TCC a regulation wasintroduced to put an end to all kinds of disputes. According to this, theobjection shall be made by claiming that the conditions concerning theimmovable property and the ownership are not constituted. The lawmaker inthis way adopts the prevalent view in the doctrine regarding the legal qualityof register decisions with respect to acquisition of immovable propertieesthrough lucrative time limit and at what moment the propery is deemed to beacquired. In accordance with Article No: 713/f.5 of TCC the moment ofacquiring the property is the moment at which the foreseen conditions arerealized. This way the judge designating the completion of conditions and theacquisition of the ownership shall decide on registration. This decision is theone clarifying the acquisition of ownership, but not the innovative one.This foundation has numerous benefits such as legalization of de factocircumstances and gaining the unused immovable properties to economy.For this reason, while the conditions of acquisition are interpreted throughextraordinary time limit, interpretations should be made to the advantage ofowner. Yet, in application in the interpretation of conditions associated withthe acquisition, actions are taken with a negative idea to the disadvantage ofthe foundation. In application, decisions are taken so as to aggravate theconditions of acquisition with the idea of the foundation being abusedotherwise. This situation leads to the interpretation of problems resulting fromthe inadequacy of audit to the disadvantage of owner and making theapplication of the useful foundation difficult.