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\u2014leading to serious infringements of private property rights.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
1. Legal Grounds for Transfer of Property to the Treasury<\/strong><\/p>\n\n\n\n a) Expropriation (Kamula\u015ft\u0131rma)<\/strong><\/p>\n\n\n\n Expropriation is the process whereby the administration acquires ownership of private property for public use, provided that fair compensation is paid<\/strong>. Improperly conducted expropriation\u2014especially without compensation\u2014may constitute a violation of property rights<\/strong>.<\/p>\n\n\n\n Legal Basis:<\/strong><\/p>\n\n\n\n b) Erroneous or Fraudulent Land Registry Entries<\/strong><\/p>\n\n\n\n If a property is mistakenly or unlawfully registered under the Treasury\u2019s name\u2014due to clerical error, forged documents, or procedural violations\u2014this is classified as unlawful registration<\/strong> (yolsuz tescil<\/em>), which can be challenged in court.<\/p>\n\n\n\n c) Property of Dissolved Institutions<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 2. Legal Actions for Reclaiming Ownership from the Treasury<\/strong><\/p>\n\n\n\n 1. Title Cancellation and Re-Registration Lawsuit (Tapu \u0130ptal ve Tescil Davas\u0131)<\/strong><\/p>\n\n\n\n This is the most commonly used legal remedy. The plaintiff requests cancellation of the unlawful registration in the Treasury\u2019s name and re-registration of the title in their own name.<\/p>\n\n\n\n Requirements:<\/strong><\/p>\n\n\n\n Statute of Limitations:<\/strong><\/p>\n\n\n\n Competent Court:<\/strong><\/p>\n\n\n\n 2. Constitutional Complaint (Individual Application to the Constitutional Court)<\/strong><\/p>\n\n\n\n If all domestic remedies are exhausted, an individual application (bireysel ba\u015fvuru<\/em>) may be submitted to the Turkish Constitutional Court<\/strong> on the grounds that the right to property was violated<\/strong>.<\/p>\n\n\n\n Legal Basis:<\/strong><\/p>\n\n\n\n If the court finds a violation, it may order retrial<\/strong> or restitution<\/strong>, and the applicant may be awarded non-pecuniary damages<\/strong>.<\/p>\n\n\n\n 3. Action for Dissolution of Co-ownership (\u0130zale-i \u015euyu)<\/strong><\/p>\n\n\n\n If the property is co-owned by the Treasury and private individuals, a partition lawsuit<\/strong> may be filed to terminate joint ownership, either through physical division or judicial sale.<\/p>\n\n\n\n 3. Litigation Process and Practical Steps<\/strong><\/p>\n\n\n\n 4. Common Legal Challenges and Points of Attention<\/strong><\/p>\n\n\n\n FAQs<\/strong><\/p>\n\n\n\n Who can file a title cancellation and re-registration lawsuit?<\/strong> Can all Treasury registrations be challenged?<\/strong> When can I apply to the Constitutional Court?<\/strong> Property registered under the name of the Treasury\u2014whether through expropriation, registration error, or legislative action\u2014can often be legally challenged. Depending on the nature of the transfer, title correction lawsuits<\/strong>, partition actions<\/strong>, or even constitutional complaints<\/strong> may be filed to protect property rights.<\/p>\n\n\n\n At T\u00fcreli&Ceylan Law Firm<\/strong>, we provide comprehensive legal services in property disputes involving the Turkish Treasury, including litigation, administrative appeal, and constitutional remedy proceedings.<\/p>\n","protected":false},"excerpt":{"rendered":" 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. [\u2026]<\/span><\/p>\n","protected":false},"author":1,"featured_media":869,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[390,388,391,383,389,384,385,318,387,386],"class_list":["post-868","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-genel","tag-co-ownership-dissolution-turkey","tag-constitutional-court-property-rights","tag-land-registry-dispute-turkey","tag-property-registered-to-treasury-turkey","tag-property-rights-violation-turkey","tag-reclaim-property-turkey","tag-title-cancellation-lawsuit","tag-tureli-ceylan-law-firm","tag-turkish-expropriation-law","tag-unlawful-registration-land"],"yoast_head":"\n\n
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The previous owner, legal heir, or any person with a legitimate interest affected by the registration.<\/p>\n\n\n\n
No. Only those based on procedural or substantive legal defects<\/strong> can be contested.<\/p>\n\n\n\n
After all judicial remedies have been exhausted, and within 30 days<\/strong> of the final domestic court decision.<\/p>\n\n\n\n