Protection of Property Rights in Turkey and Tapu Cancellation Cases

Protecting property rights and ensuring the proper registration of rights over real estate is one of the fundamental principles of law in Turkey. However, in cases where the power of attorney relationship is abused, lawsuits for cancellation and registration of title deeds (tapu iptal ve tescil davaları) frequently arise. In this article, we discuss a case from İzmir Narlıdere, which concluded after 15 years of legal struggle. This case provides important lessons for both property owners and individuals facing legal issues related to powers of attorney.

What is Abuse of Power of Attorney?

A power of attorney allows one person to represent another in specific matters. However, the attorney may abuse this authority to obtain unjust benefits for themselves or third parties. In such cases, the client must initiate legal proceedings to protect their rights.

Abuse of power of attorney generally occurs in situations such as:

• The attorney registering the property in their own name without the client’s consent.

• Using the authority of sale in a way that harms the client.

• Acting in violation of the principles of good faith.

The İzmir Narlıdere Case: Summary of Events

In 2009, a lawsuit was filed in İzmir Narlıdere for cancellation and re-registration of a title deed, on the grounds that the power of attorney had been abused. The property owner claimed that the attorney had unlawfully registered a property belonging to them in the name of a third party.

Challenges in the Case:

• The proceedings continued until 2021, when the attorney of record passed away.

• Due to the case’s age and weakened evidence, additional effort was required.

• As a new lawyer took over the file, time was needed to establish a strategic roadmap.

Outcome:

In 2024, the court ruled to cancel the title deed and re-register the property in the name of the rightful owner. This decision set an important precedent on how rights can be protected in cases of power of attorney abuse.

Legal Process in Tapu Cancellation and Registration Cases

• Filing the Case:
  Such cases are generally filed in the court located where the property is situated. The lawsuit petition must clearly present evidence showing abuse of the power of attorney.

• Collection of Evidence:

  • Title deed records

  • Copies of the power of attorney

  • Witness statements and documents

• Court Proceedings:
  The court reviews the parties’ statements and evidence to determine whether the title deed should be canceled.

• Registration of the Decision:
  The court’s ruling is submitted to the land registry office (tapu sicil müdürlüğü), and the title is corrected under the rightful owner’s name.