Protection of Possession

Real Estate and Property

Prepared by: Constantinople

Where a thing is taken by force or its use unlawfully obstructed, remedies specific to possession may arise. The type and date of interference and the appropriate claim must be identified promptly.

Distinguishing Dispossession from Interference

Complete deprivation of factual control and obstruction of use take different forms. Claims such as return of the thing, cessation of interference or prevention of recurrence are assessed according to the circumstances. This protection is not equivalent to conclusively deciding ownership with all its consequences.

Watch the Short Time Limits

Under Article 984 TMK, the right of action is forfeited two months after learning of the act and its perpetrator and, in any event, one year after the act. Whether the particular claim concerns possessory protection or rests on ownership or contract must first be determined. Applying the same period to every property action would be incorrect.

Evidence and Proportionate Protection

Records showing the situation before and after the interference, dated photographs, documents of use and lawfully obtained witness information are prepared. Urgent injunctions or administrative remedies may be assessed separately. Unlimited force or damage to another person's property is not an acceptable means of protecting a right. The narrow statutory requirements for self-help protection must be considered in the particular case.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Dates of interference and discovery
• Documents of previous use
• Photographs and incident records
• Identity of the perpetrator
• Existing reports or applications

Why Do the Particular Circumstances Matter?

For example, blocking access to land with a new fence and transferring title to another person are different problems. The first highlights factual interference and the protection period; the second highlights the register and chain of transfers. We clarify this distinction at the initial application.