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Real Estate Law
Right of construction: It is a servitude which gives the right owner the authority to construct a structure under or above on an immovable or to preserve a structure which already exists and give the authority to own the proprietary right of the structure, and for this reason it is a limited real right (Right of construction).
The servitude contract relating the establishment of a right of construction must be arranged as an authenticated contract at the official title deeds registry office. The right of construction is registered on a separate page as an immovable in the land register. A right of construction may be established as an independent right for a maximum of 100 years. If the right of construction is given for 30 or more years then it is accepted that it has a continuous nature. The right of construction may be transferred and it may also be transferred to inheritors as well. When the right of construction ends the structures on the land are left to the owner of it. The owner of the immovable as long as it was not decided otherwise does not pay a fee to the owner of the right of construction for the structures which are left to them.
Right of Residence: It is the right which allows a person to reside in a house or a part of it or to take over a house or a part of it (Residency right). Because a residency right is one which is tightly bound to a person it may not be transferred and does not get passed along to inheritors. The owner of right may not transfer it to someone else without the consent of the person who owns the residency right, even if they try to use this right by renting the place. In order to establish a residency right an authenticate contract must me made at the title deeds registry office and this right is registered in the servitude column of the land register.
Right of usufruct: It is a right which gives the right owner the ability to keep the item (in hand) of which the right is subject to and allows the person to, direct, use, benefit from it. Right of usufruct is a limited real right (incorporeal right) and it is established on immovable by registering it to the land registry. A usufruct right may be established by contract, law or by a court order. A usufruct right may be made for a certain time or it may be done for the life period of the owner of right. When this right is given indefinitely or when it is given for a period which is longer than the persons life then the time period for the right is accepted to be limited to the person’s life (until they die). For legal entities the time period for this right may only be up to a 100 years. Usufruct right may be established controversially or non-controversially.
Pre-emption right: When a share of one of the partners of an immovable which is jointly owned is going to be sold, the other partners have a pre-emption right to buy this share before others; this is called the pre-emption right. If one the partners of the jointly owned immovable sell their share of the property to the third person the other shareholders may open a lawsuit for this share to be sold to them. The right to open a pre-emption suit and request that the partnership share should be primarily sold to them is lost after 3months passes the time in which the sale has been notified to the right owner and in every case after 2 years pass from the time of sale. In the case that the lawsuit is accepted the partnership share sold to the third person will be annulled and it is decided that the share will be sold to the partner who has opened the lawsuit.
Obligatory passage right: It is the right to pass through somebody else’s property. It is registered as servitude in the trade registry. A passage right may be established for a charge or it may be established without a charge as well. A owner of an immovable who does not have enough space to be able to reach the road with the condition that they pay the full price of the place may request from the court that the neighbours leave a suitable place of their land so that may pass this is called obligatory passage right. The obligatory passage right must be established in a way which is the least damaging to the neighbours.
Contract of a promise to sell an immovable: It is a pre-contract which gives the right to a person which allows them to request that a contract for the sale of an immovable is made with them. With this pre-contract the parties seek to ensure that the main contract will be made. After this contract is made one of the sides acquires the right to request that the other side carry out their contractual duties in the case that they do not fulfil their obligations which were stated in the contract. This contract may only be valid if it is made by a notary. This contract does not give the related person a real right in only gives them a personal right. A contract of promise to sell an immovable which has been registered to the land registry is effective for 10 years. Another condition for the contract to be valid is that the sales price is shown on it.
Acquiring of an immovable by extraordinary prescription: When an immovable which is not registered in the land registry and is in the continuous possession of a person for 20 years then this person has the right to request that all of the immovable or a part or share of it be registered in their name at the land registry.
Lawsuit to recover property: The owner of a property against the person, who has the property in their hands without any right, has the right to request that the property is returned to them or has the right to open a lawsuit. A lawsuit to recovery property does not have a time limit it may always be opened. If the item which wants to be taken back is a movable; the execution of the judgement given at the end of the case will make this possible. For immovables registered at the land registry the function of a lawsuit to recover property will be the same as a suit to fix a registry at a land registry. The plaintiff is the owner of the property. In the lawsuit of recovering property detection of the right of ownership and the return of the property may be requested. The lawsuit has the character of an action of performance. In the case the plaintiff must prove their ownership right and that they did not have the property in their hands at the time the suit was opened.
Suit to prevent intervention: With this lawsuit the prevention of an attack against the owner’s possession of an item and along with this ownership of the thing is becomes possible. In times where it becomes hard with unlawful reasons for the owner to use their right which comes from ownership it gives the owner the right to protect themselves from intervention of others. The defendant is the one who is intervening. The fault is not the fact looked for in intervention. However the intervention must be unlawful and this fact is taken into account. The lawsuit is not subject to any time limit. The owner must prove their ownership and the existing attack on the item.
Condominium ownership: Condominium ownership may only be established on buildings which are fully made of stone and bricks and which are completed. On such a building a condominium ownership may be established only with the condition that the whole building will be subjected to it. Condominium ownership may be established by will with an official document and registration to the land registry. Registration of a condominium ownership is done at the condominium ownership registry.
Construction servitude on a land which is subjected to shared ownership it is such a right tied to a share that, it give the authority to the shareholder who has the right request from the other shareholders to establish a building subject to condominium ownership according to the contract and to change the type of ownership of a building which is established into condominium ownership. At the same time it obligates the shareholders who have the servitude on the immovable to build the mentioned building.
Damages for unlawful occupation law suit: It refers a compensation which may be claimed by the Treasury when the immovable has been used and disposed without the consent of the authority by real persons or legal entities. In this case whether or not the authority has been damaged or the existence of the occupier’s fault are not taken into account and the compensation is calculated with the consideration of the immovable’s previous conditions before the occupation and the possible income which would arise from it.
Elimination of joint partnership: It is when a joint ownership of an immovable or the right of usage on it is ended by dividing it between the partners or selling it. The subject of these cases is joint ownership. Elimination of a partnership is a right which concludes new rights. The court, if the amount of shares and the number of them are suitable to eliminate to each shareholder individually then by giving each shareholder this amount of share in kind if not then by dividing the money which comes from selling the property and giving it to each shareholder in the amount of which each shareholders has in shares gives the decision to eliminate the partnership. These cases without looking at the financial cost are seen at the courts of peace. The suit for the immovable subject to the case is opened at the place court the immovable is found. If the immovable are more than one and if they are in separate places then the place where one of them is found has authority. The parties may not make a competent contract. The case is subjected to simple judgement procedures. Because these types of lawsuits are not bound to a time limit and they may be opened at anytime. The plaintiff is a shareholder and the defendants are the other shareholders. For immovable which are not registered at the land registry, elimination of partnership may not be requested and this also goes for eliminating partnership on a part of the immovable as well.
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