LAND SHARE CORRECTION CASES

The concept of Land Share comes to the fore frequently with the widespread use of the Urban Transformation process. Especially in the urban transformation process, within the scope of law no. 6306; "Re-evaluation of the building" and "voting on the decision to sell the land shares of the owners who do not comply with the majority" make the land share important by making decisions with at least a two-thirds majority of the stakeholders in proportion to the shares of the owners. In case the land shares are determined incorrectly during the establishment of a condominium, flat owners who meet the conditions to file a lawsuit can have their land shares redetermined by filing a land share correction lawsuit. In this case, it is especially important in determining the majority ratio in the decisions taken at the 2/3 decision-making stage within the scope of urban transformation.
CASE FOR TERMINATION OF EASEMENT AND USPRESS RIGHT

Easement is a limited real right that provides the right owner with the right to use or benefit from the property, or both. Easements are given various names, such as Usufruct Right, Superstructure (Construction) Right, Resource Easement, Passage Easement, depending on the utilization authority they provide. Since the easement right is a real right, it is recorded in the land registry and is public. Article 780 of the Civil Code states the principle that "Registration in the land registry is a must for the establishment of easement rights", and a similar provision is included in Article 795 of the Civil Code for usufruct rights.