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ARTICLE · 18 MAY 2015

Legislation Regarding The Elimination Of Joint Ownership

Baspinar & Partners
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The main aim by filing this case is ending the joint ownership between the owners of a real estate by a court decision. The pre-condition of the case is the real estate to be registered in the land registry.

TurkeyReal Estate and Construction
Ceylan Kuşcu
Ceylan Kuşcu
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The main legislation related to the Elimination of Joint Ownership is Turkish Civil Code numbered 4721 and dated 22.11.2001 ("TCC"). Although there are two kinds of joint ownership according to the TCC, the same articles applied for the elimination of the ownership.

The main aim by filing this case is ending the joint ownership between the owners of a real estate by a court decision. The pre-condition of the case is the real estate to be registered in the land registry.

Who can file the case?

According to the Article 698 of the TCC each joint owner of the real estate can file the case in order to eliminate the joint ownership.

Is there any limitation to file the case?

In case the real estate is allocated permanently for a certain purpose or there is an agreement between the owners which forbids the elimination, the owners cannot file the case. Additionally according to the Article 698 of the Article the case cannot be filed at an improper time. The Code

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