Claiming Land Ownership via Possession in Turkey: The '20-Year Rule' Explained
- Oruç AYGÜN
- 6 hours ago
- 5 min read
Is it possible to become the legal owner of a property simply by using it for a long time? In most legal systems, taking someone else’s land is considered theft. However, Turkish Property Law includes a specific mechanism known as Acquisitive Prescription (Kazandırıcı Zamanaşımı), which allows long-term possessors to cure defective titles and bring unregistered land into the economy.
Often referred to as the "20-Year Rule," this legal principle is not a loophole for squatters to take over active homes. Instead, it is a complex legal pathway used to resolve disputes over abandoned or unregistered land.
If you have been cultivating, maintaining, or living on a piece of land for decades, you may be eligible to file a Deed Registration Lawsuit (Tapu Tescil Davası) to have your name officially written on the title deed.
Here is everything you need to know about converting possession into ownership under the Turkish Civil Code (TMK Article 713).
The Core Concept: Possession vs. Ownership
In Turkish Law, there is a distinct difference between Possession (Zilyetlik) and Ownership (Mülkiyet). Possession is merely the physical control over the land, while Ownership is the legal right registered on the title deed (Tapu).
The 20-Year Rule allows a possessor to become an owner, but only if three strict criteria are met simultaneously.
The 20-Year Requirement (Continuous Possession)
You must have held the property for at least 20 years. This period is strictly calculated:
Continuous (Aralıksız): Your possession must not be interrupted. If the original owner evicted you for a year and you later returned, the 20-year clock resets to zero.
Without Dispute (Nizasız): No one—neither the state nor a private individual—must have filed a lawsuit against you or officially claimed the land during this 20-year period.
Acting "As the Owner" (Malik Sıfatıyla)
This is the most misunderstood part of the law. To claim land, you must act as if you are the true owner.
Tenants Cannot Claim: If you have ever paid rent or acknowledged someone else as the landlord, your claim is void. Paying rent is an admission that you do not own the land.
Valid Acts of Ownership: Planting orchards, building walls, constructing a house, or paying property taxes are acts that demonstrate Malik Sıfatıyla.
Invalid Acts: Occasional grazing of animals or simply walking across the land does not constitute legal possession.
The Property Must Be "Claimable"
Not all land is up for grabs. You cannot claim public property such as government buildings, active roads, or state forests via possession. This rule primarily applies to:
Unregistered Land: Land that has never been "cadastred" (mapped by the state).
"Dead" Titles: Registered land where the owner cannot be identified.
Can You Claim Registered Land? ( The "Unknown Owner" Exception)
The general rule in Turkey is that adverse possession cannot apply to registered land. The Title Registry is absolute. However, TMK Article 713/2 provides a major exception.
You can claim registered land only if the registry is so defective that the owner cannot be identified.
Example 1: The "Owner" section of the title deed is left blank or is illegible.
Example 2: The owner is listed only by a first name (e.g., "Ahmet") with no surname or ID number, making identification impossible.
Example 3: The owner is a Nam-ı Mevhum (a fictional or non-existent person created by clerical error).
⚠️ Crucial Warning: If the registered owner is a real person who is simply dead or living abroad, you cannot claim their land. Turkish law protects the rights of heirs, even if they haven't visited the property in 50 years.
The "Forest" Trap
Many adverse possession lawsuits fail because the land in question is legally classified as a "Forest" (Orman). Even if you have farmed a piece of land for 50 years, you cannot acquire ownership of State Forest land.
However, there is an exception for "Openings within a Forest" (Orman İçi Açıklık). If the land is not ecologically part of the forest, strict conditions apply. The Supreme Court often requires aerial photographs from 20+ years ago to prove the land was used as farmland, not forest, during the critical period.
Evidence Strategy: How to Win in Court?
Courts are naturally skeptical of these claims to prevent land theft. To win a Deed Registration Lawsuit, you must provide overwhelming evidence. We typically use the following strategies:
Aerial Surveillance: We use stereoscopic aerial photos from 20–30 years ago to prove the land w
as being cultivated by you at that time.
Expert Witnesses (Bilirkişi): Agricultural engineers are appointed to determine the age of trees and soil cultivation history.
Local Witness Testimony: We depose elderly neighbors and village elders who can testify under oath regarding your continuous and undisputed use of the land.
Final Thoughts
Claiming title via possession is one of the most complex areas of Turkish Property Law. It requires suing both the Treasury and the relevant legal entity (Village or Municipality).
If you believe you satisfy the "20-Year Rule," do not attempt to navigate this process alone. Contact Istanbul Attorneys today for a comprehensive evaluation of your land's status and your eligibility for a title deed.
Frequently Asked Questions: Adverse Possession & The 20-Year Rule
Can I claim ownership of a property just because I pay the bills?
No. Paying utility bills (electricity, water) helps prove presence, but it is not enough on its own. To satisfy the requirements of TMK Article 713, you must prove "Malik Sıfatıyla" (acting as the owner). This typically requires more substantial acts, such as planting trees, building structures, or paying property taxes specifically under your name, combined with 20 years of uninterrupted use.
Does this rule apply if the registered owner has died?
Generally, no. This is a common misconception. If the registered owner has passed away, the property automatically transfers to their legal heirs under Turkish Inheritance Law. Even if the heirs have not visited the land in 50 years, their rights are protected. You can only claim registered land if the owner is technically "unidentifiable" in the registry (e.g., missing ID details or non-existent persons).
Can foreigners use the 20-Year Rule to claim land in Turkey?
In theory, yes, foreign nationals have standing in Turkish courts. However, foreigners are subject to additional restrictions regarding property acquisition (e.g., military zones, total acreage limits). Furthermore, proving "undisputed possession" as a foreigner can be practically challenging without local testimony. Expert legal representation is essential in these cases.
What happens if the government claims the land is a "Forest"?
Turkish Law is very strict regarding state forests. You cannot acquire ownership of designated forest land via possession, regardless of how long you have lived there. However, if the land is classified as "Orman İçi Açıklık" (an opening within a forest) and meets specific agricultural criteria, there may be legal avenues to explore. We often utilize historical aerial surveillance to challenge forest classifications.
How long does a Title Deed Registration Lawsuit take?
These are fact-intensive lawsuits involving expert witnesses (agricultural engineers, topographical experts) and local witness depositions. A typical case can take between 1.5 to 3 years depending on the court's workload and the complexity of the evidence.
Why do I need a lawyer for this process?
These cases require suing the Treasury and local municipalities. Procedural errors, such as missing the statute of limitations or failing to provide the correct stereoscopic aerial photos, will lead to the immediate dismissal of your case.
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