What is Joint Ownership? Legal Definition and Basic Principles
Joint ownership is the situation where a real estate is owned in shares by more than one person. According to the Turkish Civil Code, joint ownership is regulated in two ways : joint (shared) ownership and participation (joint) ownership . In joint ownership, each shareholder has a certain percentage and has an independent right of disposition on his/her share. In the case of participation, the property can only be disposed of with the joint decision of all the shareholders, the share ratio is not specified.
In regions such as Antalya, where inherited real estate is common, joint ownership is particularly common. This leads to many disputes over time. Transactions such as real estate sales, rentals or building permits can be blocked if even one of the partners objects. For this reason, the legal basis of joint ownership should be known very well and every step should be taken carefully.
Fundamental Rights of Stakeholders in Partnerships
A person who has a share in a real estate has certain rights over the entire real estate. Even if the shareholders cannot directly use their share, they can benefit from the entire real estate. One of the most fundamental rights is the right of use. Every shareholder can benefit from the real estate in accordance with equity. However, use cannot be made in a way that violates the rights of others.
Another important right is the right to receive a share of the income. If the shared real estate is rented, the rental fee is distributed in proportion to the shares. If a sale is made, the sales price is also distributed according to the shares.
In addition, the Turkish Civil Code also regulates the right of pre-emption . If a shareholder wants to sell his share, he must first offer it to the other shareholders. This right is legally valid even if it is not annotated on the title deed, and in the event of a sale to a third party, the other shareholder can file a lawsuit and get the share back.
Stakeholder Obligations and the Rule of Respect for Partnership
In common ownership, there are not only rights but also obligations. Shareholders must contribute to common expenses such as maintenance and repair of the property. In Antalya, this obligation comes to the fore especially in the restoration of old buildings or agricultural irrigation expenses.
The proper use of the real estate is another obligation. For example, unauthorized construction on agricultural land or turning it into a touristic business without the consent of other stakeholders is against the law. Each stakeholder is obliged not to harm the partnership. Using the real estate as if it were their own property or preventing the use of other stakeholders may be subject to litigation.
Application Areas in Shared Ownership Structures in Antalya
In Antalya, joint ownership is most often formed through inheritance. When immovable properties such as fields, gardens, and plots inherited from family elders cannot be shared among siblings, joint ownership occurs. Such partnerships are common, especially in regions such as Elmalı, Serik, Döşemealtı.
In touristic areas, joint ownership is usually seen on lands purchased for investment purposes. More than one person invests and buys land, but serious disputes may arise in the future due to issues such as zoning plans, building permits or construction profit sharing.
How to Use the Disposition Power in Joint Property?
For transactions to be made on a common real estate, the consent of all stakeholders is often required. Disposition transactions such as sale, mortgage, and rental in the title deed can only be made with unanimity. However, unanimity is not required for ordinary expenses such as maintenance of the real estate or weed removal.
In terms of title deed transactions, each shareholder can only transact on their own share. They can sell, donate or transfer their share. However, these transactions are not valid for the entire real estate. Therefore, buyers should be careful when purchasing a share in a jointly-owned real estate, the title deed records should be examined and the situation of other shareholders should be taken into consideration.
Joint Ownership Disputes and Sample Problems in Antalya
One of the most common common property problems in Antalya is usage disputes . For example, while one shareholder grows vegetables on a property used as a field, the other may want to turn it into a residence. This creates conflict.
Another common problem is the shareholders who oppose the sale. Even if the entire property is intended to be sold, if one shareholder opposes it, the sale cannot be made. In such cases, a lawsuit for the dissolution of the partnership comes to the fore.
In addition, injustice in income sharing , for example, some stakeholders not being able to benefit from the income of a leased plot of land, also causes serious disputes.
What Happens If One of the Stakeholders Wants to Sell?
If a shareholder wishes to sell his/her share, he/she may do so. However, the pre-emption right must be granted to other shareholders before the sale. After the sale is made in the land registry, other shareholders can file a pre-emption lawsuit within 3 months and take back the shareholder from the new buyer.
During the sale, the buyer, the conditions stated in the title deed and the sale price must be clear. In order for the sale transaction to be valid, the buyer must be informed. In many real estates in Antalya, especially fields and plots, deed cancellation lawsuits are filed because this rule is not followed.
What to Do If One of the Stakeholders Blocks Joint Ownership?
If a stakeholder prevents others from using the real estate, a lawsuit for prohibition of intervention can be filed. For example, someone who prevents other stakeholders from entering the garden by putting up a wire fence will be forced to remove this intervention by a court order.
Actions that prevent use may not only be physical, but also psychological or economic pressure. In such cases, the discovery and expert reports made by the Antalya Civil Courts of Peace are important.
Ways for Stakeholders Who Want to Exit or Terminate the Partnership
A shareholder who wants to leave the partnership can sell his shares to the others. However, if this is not possible, a lawsuit for the dissolution of the partnership (izale-i şuyu) can be filed. These lawsuits are frequently filed in Antalya and the court either shares the real estate (taksim) or puts it up for sale and shares the price.
If partition is not possible, the real estate is sold by court order and the proceeds from the sale are distributed according to the share ratios. This process can take a long time, especially in central and high-value areas, so it is important to start the litigation process early.
Matters to be Considered in Partnership Cases in Antalya
The most important thing to consider in such cases is the complete preparation of the documents to be submitted to the court. All data such as land registry records, usage agreements, lease agreements (if any), photographs, witness statements should be collected.
The duration of the case usually varies between 6 and 24 months. The time increases as the number of parties increases and objections increase. The workload of the courts in Antalya also affects this period. Therefore, working with a lawyer provides a great advantage in terms of preventing loss of rights and speeding up the process.
Review of Partnership Information in Land Registry Records
The names of the owners and their share ratios are clearly stated on the title deed. These ratios are taken as basis in transactions and lawsuits. Agreements made between shareholders cannot be claimed against third parties unless they are annotated on the title deed record.
The land registry office archives all past transactions of the owners and provides a detailed report when necessary. Many people in Antalya make wrong transactions because they do not fully know the status of their shares in inherited real estate, which leads to serious consequences.
Process After Dissolution of Partnership
After the partnership is terminated by a court decision, the real estate is either physically divided (partition) or sold by auction. The money obtained from the sale is paid to the parties according to the rates determined by the court.
Sometimes, there may be a dispute during the sharing of the obtained price. Therefore, all transactions must be made in the presence of a notary before the sale, based on a written document. The names of the persons who take over the shares as new owners are registered in the land registry and the partnership is terminated.
Local Dynamics in Real Estate Partnerships in Antalya
The biggest impact on real estate partnerships in Antalya is the sharing of inheritance . Especially in agricultural areas, disputes over shares between heirs cause major problems in rural areas.
In touristic areas, partnerships on high-value lands cause conflicts in investment projects. In such places, criteria such as share valuation, zoning status and building permits come to the fore.
Suggestions for Trouble-Free Management in Joint-Ownership in Antalya
Determining the areas of responsibility of each stakeholder by making written usage agreements prevents disputes. Especially in multi-shareholding properties, putting every transaction in writing provides a great advantage.
Getting legal advice allows you to foresee the value of the real estate and possible litigation processes. This helps the parties make healthier decisions. Clearly defining the share ratios when establishing a partnership structure minimizes future problems.