Property Law
The right of possession over certain part of completed structure is called as Property Ownership. We call the complement composed by the rules of this issue as Property Law.
The collection of large part of population in the city and the abandonment of rural areas for various reasons are one of the trademarks of the age we live in. Accordingly, as a result of survival of more people in smaller areas, many issues have emerged and ıt has gone to search for some solutions. One way to solve that is increasing the capacity of being able to live in certain areas. According that solution, which is called as vertical architecture, buildings will be able to host to the living space of more people. So, in a building, which will be erected in a field, rather than meeting the needs of two families, eliminating of the housing needs of five families is preferred. Trying to make the buildings more comfortable in this way has taken the idea of not only habitat saving but also the space saving a step further by including the elements like shops and warehouses in a building. Here, that providing certain conditions for these structures or defining the property of different parts recognized in the land registry as separate is one of the arrangements towards needs came up with these ideas.
According that, a person, except from the land owner, may have a part arranged separately in land registry. Moreover, as a result of this situation, this part will also have a portion which is up to the ratio of part to the whole in land property. The joint ownership and property, which also has some similar characteristics of easement rights, are regulated in a separate law that is called as Property Law. Aside from that, the other source of property law is Civil Code, which is a general legislation. One of the issues regulated in Property Law is the relationships among owners. There is also a need for some rules in the relations of people who live together in a building and these considerations are specially arranged in Property Law numbered 634. This law was enacted in 1965, but it has been subject to many changes. The rights and duties brought about by living together are among the issues regulated in this law.
Responsibility in Dues Debt
Similar to the joint ownership, the status of being the owner on the land which is characteristic of property brings the state of participating in the expenses of the whole as in the joint ownership. The flat owner has to put up with the expenses that are belongs to whole and don’t firstly concern the parts of building. We can give insurance premiums of principal real estate as an example. However, these expenses are related not only to the principals of real estate but also to the elements that provide joint benefit such as porter and guard fees, maintenance and repairmen costs of joint places. Fees obtained from flat owners in order to meet this kind of expenses are called as Dues. Dues debt is a debt on which each of flat owner responsible for. Even if this responsibility is divided equally by law, it is foreseen that flat owners can decide the limits of liability in a different way among themselves. If any of flat owners failed to pay the debts, other flat owners have the right of recurring to the litigation.
General Considerations which must be considered in the Bulk Structures
Many changes were made on Property law numbered 634, since its entry into the currency. Modifications made in 2007 have brought a drastic change. One of these changes is addition of a new section as special provisions related to the bulk structures. In this section, matters such as the status of public places, management considerations and management plan are arranged. Of those who live in collective buildings should take care of matters within the scope of these provisions such as management plan, liabilities that must be adapted, participation in meetings of flat owners and being informed of these decisions. Nowadays, the property ownership issue in which most people dealt with is an issue that is of importance by legal point view.
In our office, our Property Law Attorneys who will give you the best service for the solutions of issues and disputes within the scope of Property Law are always ready for your service.
You can reach us with the contact link for Legal consultant or your other problems.