What is a Title Deed Cancellation and Registration Lawsuit?
A title deed cancellation and registration lawsuit is filed to correct an unlawful entry in the land registry. Pursuant to Article 1025 of the Turkish Civil Code, in cases of fraudulent registration, the true right holder may request correction of the land registry entry.
Grounds for Title Deed Cancellation
Main cases where a title deed cancellation lawsuit may be filed:
• Legal incapacity: Property sale by a person of unsound mind
• Simulation (sham transaction): Sales that do not reflect true intention
• Exceeding power of attorney: Transactions exceeding the limits specified in the power of attorney
• Forgery: Land registry transactions conducted with forged documents
• Exploitation (laesio enormis): Obtaining excessive benefit by exploiting one party's difficult situation
• Mistake, fraud, duress: Sales made due to defects of will
Testator's Simulation
Testator's simulation occurs when the testator, while alive, transfers property to hide it from heirs by presenting a donation as a sale. Heirs can request title deed cancellation and registration by proving the transaction was simulated.
Statute of Limitations
The statute of limitations in title deed cancellation cases varies by cause:
• Fraudulent registration: Not subject to limitation (can always be filed)
• Mistake and fraud: 1 year from discovery, 10 years in all cases
• Testator's simulation: No time limit from the death of the testator
• Exploitation: 1 year from discovery, 5 years in all cases
Good Faith Protection of Third Parties
Third parties who acquire property in good faith relying on the land registry are protected under Article 1023 of the Turkish Civil Code. However, for this protection to apply, the acquirer must be in good faith, meaning they did not know or could not have known about the fraudulent registration.
Injunctive Relief During Proceedings
During title deed cancellation proceedings, a preliminary injunction can be requested from the court to prevent transfer of the property to third parties. Through the injunction, an annotation is placed on the property's land registry entry to prevent transfers.
Competent Court
Title deed cancellation and registration cases are heard at the Civil Court of First Instance. The competent court is the court in the location of the property (mandatory jurisdictional rule).
Conclusion
Title deed cancellation and registration lawsuits are extremely important for protecting property ownership. Timely resort to legal remedies against unlawful land registry transactions is a critical step in protecting property rights. Having professional legal support in such cases ensures proper management of the process.