Abstract:

The acquisition of immovable property through extraordinary statute of limitations, which is the type of acquisition originally and unregistered, requires certain conditions to be present. These conditions can be examined by making two distinctions as material and formal conditions. Material conditions are also handled with a dual distinction as material conditions related to immovable property and possession. In terms of the material conditions regarding the immovable, first of all, it must be possible to acquire the immovable with extraordinary statute of limitations. In addition, if the immovable is an immovable that is not registered in the land registry, or if the immovable is a registered immovable in the land registry, the owner of the immovable cannot be identified from the land registry or the owner must have been given an absenteeism decision twenty years ago. The material conditions for possession are that the possessor is the owner of the immovable property and this possession has been continued for twenty years without a lawsuit and uninterruptedly. In terms of formal conditions, a distinction is made between the Civil Law and the Cadastre Law. According to the Civil Law, the formal condition is the registration case; in accordance with the Cadastre Law, the formal condition is the finalization of the determination to be made regarding the existence of the conditions stipulated in the same law. Among these conditions, there is no requirement that the possessor must be in good faith. In accordance with the legislation, in the presence of other conditions, the ownership of the immovable will be acquired through the statute of limitations.

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