Registration Through Acquisitive Prescription

Real Estate and Property

Prepared by: Constantinople

Long-term use of property alone is insufficient to become its owner. Whether it is registered or unregistered, its public-property status, the character of possession and special legislation are assessed together.

Ordinary and Extraordinary Acquisition

Article 712 TMK concerns ten years of possession, in good faith and meeting statutory requirements, by someone registered as owner without a valid legal basis. Article 713 TMK concerns a registration claim based on twenty years of undisputed, uninterrupted possession as owner of unregistered property or property meeting the entry conditions specified in that article. The requirements of these routes cannot be interchanged.

Not All Land Can Be Acquired This Way

Special provisions matter for land under the State's authority and disposal, forests and other specially protected areas. Long use alone is insufficient for property whose owner is clearly identified in the register. Statements in older texts based on the owner's death should not be applied as current law. Cadastral, planning and land-classification matters are investigated through records.

How Is Possession Proved?

The start of use, continuation as owner and interruptions are identified. Maps, aerial photographs, tax and agricultural-use records, and witness statements may be compared with technical examination. A tax or electricity record does not, by itself, replace proof of ownership. Correct identification of defendants, public notices and a sketch identifying the property are important parts of registration proceedings.

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:

• Cadastral and land register research
• Old maps and aerial photographs
• Records showing dates of use
• Tax and agricultural activity documents
• Previous dispute and court files, if any

Why Do the Particular Circumstances Matter?

For example, neighbours saying that you have used land for years does not remove its public-property status. The property's legal status is investigated first, followed by the character and duration of possession. This order helps identify an unproductive registration claim early.