Property Rights at Risk – 9 Points to Note

Property Rights at Risk – 9 Points to Note. The title deed registry is being accepted as the most important legal document that is proving the ownership of a real estate. In our legal system, the principle of trust in the title deed records is essential, and this situation is facilitating the transfer of ownership. However, situations where the title deed record is not reflecting the truth and has been created in an unlawful manner can also be experienced. In these types of situations, a legal process known as “title deed annulment and registration lawsuit” is being initiated for the right owners to get their ownership back. In this article, what a title deed annulment and registration lawsuit is, in which situations this lawsuit can be filed, the most frequent lawsuit reasons, how the lawsuit works, and how rights will be protected in this process are being addressed in a broad framework.

1. The Principle of Trust in Title Deed Records and Its Exceptions

The title deed registry is an official book that is being kept under the guarantee of the state. In our legal system, the protection of procedures made with trust in the title deed registry is essential. When a person is buying a property that is registered in the title deed registry, with good faith by trusting the record, that person’s ownership is being protected. However, situations where this trust has been abused and the title deed record has become unlawful are constituting the main reason for title deed annulment and registration lawsuits.

2. The Legal Purpose of a Title Deed Annulment and Registration Lawsuit

A title deed annulment and registration lawsuit is a lawsuit that is being filed to ensure that a record that has been created unlawfully in the title deed registry is being considered invalid and is being registered in the name of the true right owner. With this lawsuit being accepted, the unlawful procedure is losing its validity, and the ownership of the real estate is being returned to its true owner by being restored to its former state.

3. The Most Common Lawsuit Reasons

Title deed annulment and registration lawsuits are generally being filed as a result of title deed procedures being done in an unlawful manner. The most common lawsuit reasons are:

• Collusion by the Deceased: It is the most frequently encountered reason for a title deed annulment lawsuit. It is the testator, with the aim of escaping assets from their legal heirs, transferring a real estate to a third person (generally an heir) with a legal procedure such as a sale or a donation. Because these types of procedures are actually being done to deprive the heirs of their inheritance rights, they are being accepted as collusive (colluded) legally.
• Abuse of Power of Attorney: It is the owner of the real estate giving a power of attorney to their proxy (for example, a lawyer or a close relative) and the proxy using this authority to the detriment of the person who has given the power of attorney by transferring the real estate to their own name or to another person. In this situation, the proxy’s acting with bad faith is being proven.
• Fraud, Intimidation, Misleading: It is the situation where a title deed procedure has been done as a result of one of the parties being deceived (fraud), being kept under pressure (intimidation), or being misled. In this situation, it is being put forward that the person’s will has been flawed during the title deed procedure.
• Lack of Legal Capacity: It is the situation where the person who is making a title deed procedure does not have legal capacity at the time the procedure has been made. Situations such as mental illness, dementia, or not being of legal age can cause a lack of legal capacity.
• The Use of a Fake Document: It is the situation where the title deed procedure has been done with the use of a fake power of attorney, a fake identity, or another fake document. These types of procedures are null and void in law and are constituting a reason for the annulment of the title deed record.

4. The Burden of Proof and the Importance of Evidence

Property Rights at Risk – 9 Points to Note. In title deed annulment and registration lawsuits, the plaintiff must prove that the record in the title deed is unlawful. All kinds of evidence can be used for proof. Witness statements, title deed records, bank transactions, correspondences, and other documents are directly affecting the course of the lawsuit. Especially in lawsuits for collusion by the deceased, the proof of the testator’s true purpose (escaping assets from the heir) is of great importance.

5. The Parties to the Lawsuit and the Competent Court

• Plaintiff: It is the person whose right to ownership has been taken away in an unlawful manner, or the heirs. In lawsuits filed by heirs, all heirs must participate in the lawsuit.
• Defendant: It is the person who is the owner of the unlawful record in the title deed.
• Competent Court: Title deed annulment and registration lawsuits are being filed in the Civil Court of First Instance in the location where the real estate is being found.

6. The Statute of Limitations and Forfeiture Periods

In title deed annulment and registration lawsuits, the statutes of limitations are showing differences according to the reason for the lawsuit being filed. The correct knowing of these periods is of vital importance to avoid a loss of rights.

• Situations Not Subject to a Statute of Limitations: In situations such as collusion by the deceased and abuse of power of attorney, the unlawfulness of the title deed record can be put forward at any time. In these types of lawsuits, a statute of limitations period is not being found.
• Situations Subject to a Statute of Limitations: In situations based on a defect in will such as error, fraud, or intimidation, the right to file a lawsuit must be used within one year from the learning of this situation.

7. The Legal Consequences of a Title Deed Annulment Lawsuit

Property Rights at Risk – 9 Points to Note. When a title deed annulment and registration lawsuit is being accepted, the unlawful record in the title deed is being annulled, and the ownership of the real estate is being registered in the name of the true right owner. This decision is being notified to the title deed directorate, and the title deed record is being made lawful.

8. The Vital Importance of Legal Support and Counseling

Title deed annulment and registration lawsuits are legal processes that are extremely complex and are requiring expertise, because they are concerning the most fundamental rights such as the right to property. Legal counseling being taken from a lawyer in this process is ensuring the correct preparation of the lawsuit petition, the complete collection of evidence, the fulfillment of the burden of proof, and the best possible protection of rights.

9. The Most Common Mistakes Made in Title Deed Annulment Lawsuits

The most common mistakes that are causing heirs to suffer a loss of rights are:

• The Missing of Statute of Limitations Periods: Especially in lawsuits based on a defect in will, the missing of the one-year period is causing the loss of rights.
• The Burden of Proof Being Overlooked: The plaintiff must prove that the record in the title deed is unlawful, and the lack of evidence can cause the lawsuit to be rejected.
• The Wrong Type of Lawsuit Being Chosen: Instead of a lawsuit for collusion by the deceased, the choice of a different type of lawsuit such as a lack of legal capacity can lead to the rejection of the lawsuit.

Title deed annulment and registration lawsuits are a vital legal mechanism that is ensuring the right owners to get their properties back in situations where the title deed records have been created in an unlawful manner. These lawsuits can be filed for various reasons such as collusion by the deceased, abuse of power of attorney, and a defect in will. The knowing of the details of this process is of vital importance to prevent a possible loss of rights. Although the process is being seen as complex, it can be possible to reach a fair result with expert legal support.