Extraordinarily lucrative acquisition through time limit

In the event that an immovable property is owned for a while under the conditions required by laws, then the ownership of that immovable property is acquired. An acquisition of ownership of an immovable property in this way is called extraordinarily lucrative acquisition through time limit. The immovable properties that are subject-matter of lucrative time limit are usually immovable properties without Title Deeds. It is the extraordinarily lucrative acquisition through time limit of immovable properties that constitutes the subject of our study. The reason that leads us to examine this subject is that the mentioned subject is a current issue in our country due to many immovable properties without Title Deeds. The essential decree that regulates the acquisition of ownership of immovable properties through time limit is Article No: 713 of Turkish Civil Code numbered 4721 which is in force since the date of 1.1.2001. This Article gives permission for the acquisition of immovable properties not registered in Title Deed Office. For the acquisition of immovable properties out of land survey area depending on this decree, it must be the subjectmatter of the lawsuit of registration by its owner. Article No: 14 of Land Survey Code numbered 3402 which is in force since the date of 21.6.1987, allows the determination of an immovable property in land survey area by way of an extraordinarily lucrative time limit in the name of its owner. Yet, due to Article No: 33/f.3 of Land Survey Code, limitations concerning the way of demonstration of ownership according to the area of the immovable property put forth by Article No:14 of Land Survey Code have turned out to be general decrees to be applied out of Land Survey. For this reason, while in our study the conditions of acquisition through extraordinarily lucrative time limit and its consequences are examined, both decrees were taken into consideration. In our thesis, the conditions of acquisition in this way were examined in four groups as conditions with respect to immovable property, 183 the ownership and the procedural law, and provisions and results of the extraordinarily lucrative acquisition through time limit. The precedent condition of acquisition through extraordinarily lucrative time limit is that the place must be a suitable one to be acquired considering the quality of immovable property. Thus, the immovable property must be suitable for private ownership and not registered in Title Deed Office. These are the conditions of acquisition concerning immovable properties. The places under the decree and disposition of the state can be acquired only by building up and recreating them. In capacity of the ownership of the immovable property, the person that is the permanent owner without any lawsuits for twenty years can acquire it this way. These are called the conditions of acquisition concerning the immovable property. Yet, for the acquisition of the property through extraordinary time limit, the owner's goodwill is not sought. The third group of conditions with respect to acquisition of immovable properties through lucrative time limit are conditions concerning the procedural law. During land survey, the owner may demand its determination on his/her behalf by notifying his/her acquisition of immovable property through extraordinary time limit. Furthermore, in accordance with the Article No: 713 of Turkish Civil Code in the event of implementing the conditions with respect to the immovable property, the owner may demand on his/her behalf the registration of the ownership of immovable property by applying to the court. In such a case, the lawsuit of registration shall be sued to the disadvantage of public legal person related to treasury. In the case of this lawsuit being brought to the court, the court shall announce the lawsuit once through the newspaper and at least three times in the place where the immovable property is through suitable means and time intervals. As of the last announcement, a three-month period of objection is necessary to pass. The role of the period of objection granted prior to Law No: 4721 was controversial in doctrine and application. With the Article No: 713 of TCC, a regulation was introduced to put an end to all kinds of disputes on this subject. According to this, the objection shall be made by claiming that the conditions concerning the immovable property and the ownership are not constituted. In this way, lawmaker adopts the prevalent view in the doctrine regarding the legal quality of registration decision with respect to acquisition of immovable properties through lucrative time limit and at what moment the property is deemed to be acquired. In accordance with the Article No: 713/f.5 of TCC, the moment of acquiring the property is the moment at which the foreseen conditions are realized. This way, the judge designating the completion of conditions and the acquisition of the ownership shall decide on registration. This decision is one clarifying the acquisition of ownership, but not an innovative one. Key Words 1. Immovable property 2. Ownership 3. Time limit 4. Acquisition