Transfer of Ownership to the Treasury and Legal Actions for Reclaiming Property 

Ownership rights are safeguarded by Article 35 of the Turkish Constitution and are also protected under international conventions such as the European Convention on Human Rights. However, in practice, ownership of immovable property may sometimes be transferred to the Treasury through administrative acts, expropriation, or erroneous land registry entries—leading to serious infringements of private property rights.

This article outlines the primary legal scenarios in which property may be registered in the name of the Treasury, and the judicial remedies available to individuals seeking to reclaim ownership.

1. Legal Grounds for Transfer of Property to the Treasury

a) Expropriation (Kamulaştırma)

Expropriation is the process whereby the administration acquires ownership of private property for public use, provided that fair compensation is paid. Improperly conducted expropriation—especially without compensation—may constitute a violation of property rights.

Legal Basis:

• Constitution of the Republic of Türkiye – Article 35
• Expropriation Law (Law No. 2942)
• Case law from the Turkish Constitutional Court (e.g., 2018/14934) and the ECtHR

b) Erroneous or Fraudulent Land Registry Entries

If a property is mistakenly or unlawfully registered under the Treasury’s name—due to clerical error, forged documents, or procedural violations—this is classified as unlawful registration (yolsuz tescil), which can be challenged in court.

c) Property of Dissolved Institutions

In some cases, assets of dissolved entities (such as foundations or private schools) may be transferred to the Treasury by statutory decree. Such cases may be challenged if the transfer violates individual ownership rights.

2. Legal Actions for Reclaiming Ownership from the Treasury

1. Title Cancellation and Re-Registration Lawsuit (Tapu İptal ve Tescil Davası)

This is the most commonly used legal remedy. The plaintiff requests cancellation of the unlawful registration in the Treasury’s name and re-registration of the title in their own name.

Requirements:

• The registration must be unlawful or without legal basis
• The plaintiff must have a legitimate legal interest or ownership claim

Statute of Limitations:

• For unlawful registration: no time limit
• For contractual disputes or debt-based claims: 10 years

Competent Court:

• Civil Court of First Instance at the location of the property

2. Constitutional Complaint (Individual Application to the Constitutional Court)

If all domestic remedies are exhausted, an individual application (bireysel başvuru) may be submitted to the Turkish Constitutional Court on the grounds that the right to property was violated.

Legal Basis:

• Constitution, Article 35
• European Convention on Human Rights (Protocol No. 1, Article 1)

If the court finds a violation, it may order retrial or restitution, and the applicant may be awarded non-pecuniary damages.

3. Action for Dissolution of Co-ownership (İzale-i Şuyu)

If the property is co-owned by the Treasury and private individuals, a partition lawsuit may be filed to terminate joint ownership, either through physical division or judicial sale.

3. Litigation Process and Practical Steps

1. Collect land registry records and supporting documents (e.g., sale deeds, expropriation notices, administrative decisions).
2. Identify the legal defect: Is it unlawful registration? Procedural expropriation? Fraud?
3. File the relevant legal action (title cancellation, partition, or constitutional complaint).
4. Request expert examination and conduct site inspection if necessary.
5. If successful, obtain court decision for title re-registration or apply to the Constitutional Court for individual relief.

4. Common Legal Challenges and Points of Attention

• Burden of proof is high: Claims must be supported by concrete documents and evidence.
• Statute of limitations applies for certain debt-based claims (e.g., contractual disputes).
• Third-party rights: Any party listed as a titleholder must be joined to the case as a defendant.
• Public interest doctrine: Courts balance private ownership against the asserted public benefit. Disproportionate interference may result in a constitutional violation.

FAQs

Who can file a title cancellation and re-registration lawsuit?
The previous owner, legal heir, or any person with a legitimate interest affected by the registration.

Can all Treasury registrations be challenged?
No. Only those based on procedural or substantive legal defects can be contested.

When can I apply to the Constitutional Court?
After all judicial remedies have been exhausted, and within 30 days of the final domestic court decision.

Property registered under the name of the Treasury—whether through expropriation, registration error, or legislative action—can often be legally challenged. Depending on the nature of the transfer, title correction lawsuits, partition actions, or even constitutional complaints may be filed to protect property rights.

At Türeli&Ceylan Law Firm, we provide comprehensive legal services in property disputes involving the Turkish Treasury, including litigation, administrative appeal, and constitutional remedy proceedings.