The right of pre-emption is frequently encountered in share deeds, that is, in shared ownership.
In the event that a shareholder sells his/her share in the immovable property to a third party in whole or in part, the other shareholders pre-emption hakkını kullanabilirler.
In forced auction sales pre-emption right cannot be exercised.
Pre-emption The waiver of the right must be made officially and annotated in the land registry. In a specific sale pre-emption The waiver of the right to exercise the right is subject to a written form and may be made before or after the sale.
The sale is notified to the other stakeholders by the buyer or seller through a notary public.
Pre-emption The right shall lapse three months from the date of notification of the sale to the right holder and in any case two years from the date of sale.
Pre-emption right is exercised by filing a lawsuit against the buyer.
Pre-emption The owner of the right is obliged to deposit the sale price and the title deed expenses incurred by the buyer in cash to the place to be determined by the judge within the period determined by the judge before the registration of the share in his name is decided.
The right of pre-emption may also be exercised in the event that it is annotated to the title deed by contract.
The contractual right annotated in the land registry may be exercised against any owner within the period specified in the annotation and according to the conditions specified. If the conditions are not specified in the registry, the conditions in the sale of the immovable to the third party shall be taken as basis.
The right of pre-emption may be asserted against the owners of the rights subsequently acquired on the immovable property upon the annotation. In any case, the effect of the annotation shall expire ten years after the date of the annotation.
Yasal pre-emption provisions on the exercise of the right and waiver of the right arising from the contract pre-emption also applies to him.