Title Cancellation and Registration Lawsuits: What You Need to Know in Real Estate Law

Real estate law is crucial for protecting rights over immovable properties and resolving legal disputes. In this context, title cancellation and registration lawsuits are common legal issues among property owners. In this article, we will provide detailed information about title cancellation and registration lawsuits, the legal process, and important considerations.

What is a Title Cancellation and Registration Lawsuit?

A title cancellation and registration lawsuit is filed when the title deed of a property is incorrect or unlawfully recorded, with the aim of canceling the erroneous title and registering it in the name of the rightful owner. These lawsuits are regulated under the Turkish Civil Code and relevant legislation.

Reasons for Title Cancellation and Registration Lawsuits

Title cancellation and registration lawsuits can be filed for various reasons. The most common reasons include:

Error or Fraud: Incorrect registration due to errors or fraudulent transactions in the title registry.
Incapacity: The person conducting the title transaction lacks legal capacity or authority.
Simulated Transactions: Creation of false title records due to secret agreements between parties.
Statute of Limitations and Adverse Possession: Long-term use of the property as the owner without registration or incorrect registration.

How to File a Title Cancellation and Registration Lawsuit?

A title cancellation and registration lawsuit is filed in the civil court of the location where the property is situated. The plaintiff requests the cancellation of the title record and registration in their name. The legal process involves the following steps:

Lawsuit Petition: A lawsuit petition requesting title cancellation and registration is prepared and submitted to the court.
Collection of Evidence: The plaintiff submits documents and evidence supporting their claim to the court.
Expert Examination: The court may appoint an expert to examine the property and the title record.
Decision: Based on the evidence and expert report, the court decides to cancel the erroneous title and register it in the name of the rightful owner.

Important Considerations in Title Cancellation and Registration Lawsuits

Evidence Collection: Presenting strong evidence supporting the claims is crucial in title cancellation and registration lawsuits.
Expert Reports: Expert reports are vital in determining the outcome of the case. Therefore, reports should be detailed and objective.
Professional Support: Seeking support from an experienced real estate lawyer ensures that the process is conducted effectively and correctly.

Conclusion

Title cancellation and registration lawsuits are essential legal remedies for protecting property owners' rights and correcting errors in the title registry. At KOÇAK LAW, our expert real estate lawyers provide professional legal consultancy and representation services in title cancellation and registration lawsuits. For more information and support, please contact us.