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Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Actions for the determination of fixtures (muhdesat) are of significant importance, particularly in proceedings involving the dissolution of co-ownership (izale-i şuyu), urban transformation projects, and expropriation processes, as they serve to determine the ownership of structures or planted elements situated on immovable property. In practice, disputes frequently arise concerning the legal nature of fixtures, the concept of integral parts, the function of the declarations section in the land registry, the conditions for filing such actions, the burden of proof, and limitation periods.As Uzunpınar & Tüfek Law Firm, in this comprehensive study we examine the concept of fixtures in light of the Turkish Civil Code and the precedents of the Court of Cassation, the circumstances under which an action for the determination of fixtures may be filed, the rights and obligations of the parties, and the scope of claims based on unjust enrichment. In the field of real estate law, professional legal assistance is essential to prevent loss of rights in fixture-related disputes...

Dissolution of Joint Ownership (Izale-i Shuyu) Lawsuit

Dissolution of Joint Ownership (Izale-i Shuyu) Lawsuit

Dissolution of joint ownership (izale-i shuyu) lawsuits are significant legal processes that aim to eliminate uncertainty and de facto disputes among co-owners in immovable properties subject to shared ownership or joint ownership. The options of dissolving the joint ownership through partition in kind or through sale must be carefully evaluated in line with the nature of the immovable property and the interests of the co-owners. For this reason, izale-i shuyu lawsuits are among the types of cases that have both technical and legal aspects and require meticulous planning from the very beginning of the process...