Statements in the land registry
2011
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Advisor: Yrd. Doç. Dr. Hüseyin Murat Develioğlu
Abstract (EN)
Real rights are the rights that dominates properties and can be hold against everyone. Everyone has the possibility to violate these rights. People who are responsible not to violate these rights, learn these rights, their scope and owners from possessory for movable properties and land registry system for immovable properties. Other systems such as registration and identification system, the Torrens system and certification system are available for real rights of immovable properties.In our legal system and Swiss law, land registry system has a page for each real property and all real property related transactions carried out on this page. Real rights, annotated rights, pledges and other information for the immovable property appear on these pages.Land registry ia a set of books kept under the responsibility of the government. Land registry consists of main registries, subsidiary registries and books kept for places that land registry does not apply.Land registry page consists of many columns that have different effects. Broadly, the measurement, nature and the page number, commentaries column, the column of ownership, and real estate obligations column of the real estate are on the first page, statements column, and the pawns column of the real estate are on the second page. For immovable properties registration, endorsement, representation and cancellation procedures are performed on the land registry index. Statements which is the subject of our study, are the records that are entered to the statements column of the land registry index. Statements which provided by the Law can be written to the statements column. These issues are primarily organized in the Civil Code and the Land Registry Regulations. In our study, issues as stated in the written legislation that are foreseen as statements are discussed individualy.Legal situation that should be entered to the statements column can be caused by both private-law and public law. The legal results of the statements depends on the statements to be declared. Data on the Statements column are generally informative, they are for claiming the legal status of real estate-related benefits to third parties. Sometimes statements create a presumption, declaration of the old law that was passed on real rights, and the add-statement may be shown as an example. Statements do not have constitutive effect like registration. Data on the statements column does not result in the creation, termination or modification of coverage. This therefore does not directly affect the real rights. They do not boost, dispose personal rights or raise temporary registration like annotations. The principle of protection of trust for the land register can not be mentioned for statements because the statement can not be used to gain real rights based on good faith acquisition.How to enter data for the statements column and how will it be drawn are organized by the land registry regulations. As statements does not directly affect the real rights trial record can not be opened for correction of improper statements. Land registry index will be fixed by the land registry officer by a court decision. This correction may be as a new record or as a deletion of an old record. However, for a real right which applies today, but now is not feasible to establish, trial record can be opened for the title.
Author
Dr. Işıl Ergül
How to Cite
Işıl Ergül (Master Thesis). Statements in the land registry, 2011, Galatasaray University.
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