Real Estate Law
Estates and portables on which individuals and institutions can have the rights of property compose the subject of Property Law. We call the field in which there are rules about estates underlying in this topic as Real Estate Law.
Even if there are classifications according to other criteria among goods that are the subject of property, the basic division is on portability of goods. The reason for that is the obligation of both protecting rights on portables or estates legally and that supplying varies as the quality of goods. For example, it is possible to take an item that is light and valuable, and so, the form of legal protection for this item is arranged according to this feature of good. However, it is not possible take a building from one place to another and so, the legal protection of rights on this building is arranged in accordance with this quality.
The goods composing the subject of Real Estate Law in Turkey, that is, estates are the property like land, territory and independent section (building, flat, office, house, villa, and factory). As this property, livelihood activities, can be used to meet required needs of people to maintain their lives, they can also be used for investment purposes. For example, living with farming activities on a land, meeting the need of housing on an independent section or making profit by buying an estate that is expected to increase in value recently while its value is law, etc.…
One of the most important features of estate is that their financial value is higher compared to other goods. For this reason, the protection of these goods or the legal transactions which will be made about these goods should be based on substantial principles. While the legislator makes savings for one’s estate, that deciding not suddenly and sophistically but advisedly has made establishing a right on this property to be more difficult and complicated compared to portables. Because estates are financially high goods in value, any damage to them will be higher than damage in other subjects and also there may emerge damages which cannot be afforded. Moreover, since it is a necessary issue that considering various situations like costs and environmental factors while building a new estate as erecting a building, it has been subjected to the obligation of providing certain conditions by law. Here then, The Expert Real Estate Lawyer is engaged at this point. Guiding at the points of providing strict and detailed requirements related to the protection of estate, its transfer and its reconstruction are in his/her profession.
Land/Deed Cancellation and Land/Deed Registration Cases
Since estates carry high value, the requirement of recording them has arisen. According that, the land registry is a place in which recordings of rights on estate, rights-holder and exceptions about them are kept. Land Registry is recorded by state and the state is responsible for any damages come into existence in recordings. Since estates are considered as more important property than others, the purpose of keeping land registry is determining the rights and rights-holder of these estates in a fair way. In the case of the recordings in land registry are lack of fairness and uncertain, it is allowed for people, who claim that they rights on these estate, to correct the situations contrary to the purpose of keeping land registry by coming up with assertions into some cases.
- In the case of any modifications, deletions or unfair realizations of registration related to estates, without a justifiable reason, in registry, the result of which land registration is contrary to the truth occurs. So, The Land Cancellation Case is filed for.
- In case that related record is not available, the owner of estate is not clear in land registry and the person has died 20 years ago or being decided as absentee, the possessor of estate can require right of possession on estate on his/her behalf from registry by filing for a case. This case is The Land Registration Case.
What is The Elimination of Joint Ownership Case ?
There is a binary distinction as the ownership of only one person and coownership in terms of the numbers of people who are entitled to property. Accordingly, more than one person can be the possessor of one item. However, there may emerge some conflictions in this sense. The case projected in order to eliminate these conflictions is The Elimination of Joint Ownership. In the case of disagreement among possessors who are coownership on one item, each of them can require the elimination of joint ownership from court by filling for that case. As a result of judgements that will be made by court, the item can be shared. But, if it is an item that cannot be shared, the value obtained from its sale is shared.
The importance of Real Estate Law have for the reasons we have stated leads the guidance of a person who has current legal knowledge on this issue to be inevitable. In our office, our expert lawyers in the field of Real Estate Law take providing the most useful service on this subject as a goal. Contact us for your problems on this issue.
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