Acquisition of Property Right With Extraordinary Prescription

Extraordinary prescription is determined in the 713th article of Turkish Civil Code. This clause explains that the person who maintained possession of an immovable not recorded in real estate registers for 20 years period without lawsuit and interruption in the capacity of ownership, may demand his/her right of ownership over the whole, a part or a share of that immovable to be recorded to registry.

The judge, on his/her own motion, investigates whether the property is registered to the title registry. Even though the property is not registered to the title registry, a property registered under the name of the Treasury, a property registered under the name of a Trust, cannot be subject to extraordinary prescription. On the other hand, it should not be determined from the record who is the owner of the property or there should be a property registered under the name of an individual of whom settlement of disappearance is determined.

For example; the column of the ownership may be empty or the writing may be deleted. The property must be used for the purposes of ownership.

Besides, it is not possible to execute extraordinary prescription among the inheritors. The property may be used without limitation and without a legal case for 20 years. One other condition to this kind of prescription is that following the prescription none should have raised an objection or such objection should be denied. Once such conditions are met, the related individual or entity may demand such property to be registered to the title registry under his name.



Maslak Mah. Tas Yoncası Sok.
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Sariyer Istanbul – Turkey

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