As Uzunpınar & Tüfek International Law Firm we provide comprehensive and professional legal consultancy to our clients in land share adjustment lawsuits which are frequently encountered in practice within the scope of disputes arising from condominium law and real estate law Land share refers to the portion allocated to independent units over the common land of an immovable property and constitutes one of the fundamental elements of condominium ownership Correct determination of land shares is of great importance for the fair and lawful exercise of property rights.

 

In practice it is observed that in many apartment buildings or residential projects land shares are allocated equally or incorrectly without taking into account differences in square meters location facade usage purpose and value of independent units Especially in older buildings land shares arbitrarily determined by contractors undermine the property rights of condominium owners and lead to serious legal disputes in later stages Incorrectly determined land shares may result in unfair outcomes during urban transformation processes demolition and reconstruction stages sharing of common expenses and distribution of expropriation compensation.

 

A land share adjustment lawsuit is a type of lawsuit that aims to re determine the land shares allocated to independent units at the time of establishment of condominium ownership in proportion to the actual value of the immovable property The objective of this lawsuit is the cancellation of the existing land shares and the establishment of a fair land share distribution by taking into account the location size and market value of each independent unit.

 

In land share adjustment lawsuits the court places great importance on expert examination Experts examine in detail the physical characteristics values of independent units and the imbalance between existing land shares If the lawsuit is accepted land registry records are corrected in line with the court decision As Uzunpınar & Tüfek Law Firm we meticulously manage the technical expert process in land share adjustment lawsuits ensuring the protection of our clients property rights.

 

FREQUENTLY ASKED QUESTIONS FAQ

 

1. What is a land share adjustment lawsuit

A land share adjustment lawsuit is a type of lawsuit that aims to reorganize the land shares allocated incorrectly or unfairly to independent units during the establishment of condominium ownership based on the actual values of the immovable property Through this lawsuit the existing land shares recorded in the land registry are cancelled and the share of each independent unit over the land is determined fairly The aim is to protect the property rights of condominium owners in a correct and balanced manner.

 

2. Why may land shares be determined incorrectly

Land shares are often determined by the contractor during the construction phase and during this determination the size view facade or commercial value of independent units may not be taken into account Especially in older buildings allocating equal land shares to all apartments is a common practice Although such practices may be legally possible they may lead to unfair results and may become subject to a land share adjustment lawsuit.

 

3. Who can file a land share adjustment lawsuit

Any condominium owner who believes that the land share has been determined incorrectly may file this lawsuit The claimant may allege that the land share allocated to their independent unit is determined less or more than its proportion to the actual value of the immovable property The lawsuit is filed against all other condominium owners and the decision rendered affects the land shares of all condominium owners.

 

4. Under what conditions can a land share adjustment lawsuit be filed

In order to file a land share adjustment lawsuit the existing land shares must be disproportionate to the values of the independent units In other words there must be a serious imbalance between the land share and the location square meter size and market value of the apartment Minor differences cannot be subject to a lawsuit the imbalance must be clear and significant This situation is generally determined through an expert report.

 

5. Is a land share adjustment lawsuit subject to a statute of limitations

No land share adjustment lawsuits are not subject to a statute of limitations As long as condominium ownership continues a lawsuit may be filed at any time on the grounds that land shares have been determined incorrectly However since waiting for a long time may make the evaluation of evidence more difficult it is recommended not to delay the legal process.

 

6. Which court has jurisdiction over a land share adjustment lawsuit

This lawsuit is filed before the Civil Court of First Instance at the location of the immovable property The competent court is the court where the immovable property is located and it is mandatory that all condominium owners be included in the lawsuit Otherwise the lawsuit may be dismissed on procedural grounds.

 

7. Why is expert examination important in a land share adjustment lawsuit

The court determines whether land shares are incorrect through technical and legal evaluation Therefore expert examination is mandatory Experts propose a new land share distribution by taking into account the size floor location view usage purpose and market value of independent units The court largely bases its decision on these expert reports

 

8. What changes in the land registry if the lawsuit is accepted

If the lawsuit is accepted the existing land shares recorded in the land registry are cancelled and re registered in accordance with the court decision This change is binding on all condominium owners and is recorded in the land registry Accordingly land shares are aligned with the actual value of the independent units

 

9. How long does a land share adjustment lawsuit take

Land share adjustment lawsuits are generally concluded within 1.5 to 3 years The duration may vary depending on expert examinations on site inspections and the number of parties Conducting the lawsuit with the correct legal strategy ensures a healthy progression of the process.

 

10. Why is representation by a lawyer important in a land share adjustment lawsuit

Land share adjustment lawsuits are complex cases based on technical expert reports and condominium legislation Incorrect procedural actions or insufficient submission of evidence may lead to dismissal of the lawsuit Therefore conducting the process with an experienced real estate law attorney is of great importance for the effective protection of property rights Uzunpınar & Tüfek International Law Firm provides strong and result oriented legal representation to its clients in these lawsuits