Yüksek LisansAçık Erişim

Owning by extraordinary time limitations of real property which are not registered to title deed in Turkish Law

2009
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Danışman: Yrd. Doç. Dr. Mehmet İstemi

Özet (EN)

Registering any real property - which has not been registered in the deed office - in the title deed register under the name of the person who has possessed it in the framework of extraordinary time limitations shall be possible by fulfilling some conditions. These conditions are essentially set forth in Civil Code and Property Law, however, when these articles are not sufficient, resolutions and the doctrine step in and try to complete the missing parts.It should firstly be said that, in order to acquire the ownership of a real property by means of extraordinary time limitation, that real property must not be registered in the deed office. Also, anyone who requests the registration of that real property under his own name, has to possess it for twenty years without interruption and without action. Anyone who, based on these conditions, has acquired possession of any real property, which has not been registered in deed office can ask the court to order it be registered under his own name in the deed office. The court carries out an examination and determines whether or not the mentioned conditions have been fulfilled. If the court has the opinion that the required conditions are not fulfilled, the court will reject the case, however if the request of the owner includes the fulfilled requirements, then the court will decree that that real property must be registered under the name of that owner in the deed office. Therefore, anyone who has possessed a real property for twenty years, which has not been registered in the deed office, has acquired the ownership of that real property by means of time limitation.Key words:1- Extraordinary2- Time limitation3- Real property4- Title deed5- Official registration

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Atakan Çömek

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Atakan Çömek (Master Thesis). Owning by extraordinary time limitations of real property which are not registered to title deed in Turkish Law, 2009, Gazi University.

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