Actions for Cancellation and Registration of Title

An action for cancellation and registration of title seeks the cancellation of an allegedly unlawful entry in the Turkish land register and registration of the immovable property in the name of the person asserting the relevant right.

Such actions may arise from sham transactions, infringement of inheritance rights, fraud, mistake, lack of capacity or other defects affecting the legal basis of the registration. Transactions alleged to conceal assets from heirs are among the matters frequently encountered in practice.

The claimant must establish the substantive right relied upon and the unlawfulness of the existing registration. The necessary evidence depends on the legal ground and may include official deeds, inheritance records, written documents, witness evidence and expert examination.

As a rule, the competent court is determined by the location of the immovable property, and the action is heard by the civil court of first instance. Limitation periods or forfeiture periods may apply depending on the precise legal basis.

Interim protection may also need to be considered where there is a risk that the property will be transferred during the proceedings. The availability and scope of such protection depend on the statutory conditions and supporting evidence.

Because the legal ground determines the parties, evidence, time limits and relief, the land-register records and the chain of transactions should be reviewed carefully before proceedings are commenced.