How is a Family Residence Notation Added to the Land Registry?
How and where is a family residence notation added? The spouse who is not the owner of the family residence, or both spouses together, or their attorneys shall apply to the Land Registry Office with the necessary documents. The Land Registry and Cadastre General Directorate Land Registry Department specifies the necessary documents for placing a family residence annotation in its relevant circular. If they submit a request with the necessary documents, a ‘family residence’ annotation can be placed in the land registry. This will then be registered in the annotations section of the land registry. This means that anyone examining the registry will be able to see that the property in question is a family residence. Moreover, according to the presumption in our law that “the records in the land registry are known to everyone,” even if a person has not examined the registry, the annotation in question may be invoked against them. The existence of the annotation is mandatory to benefit from the opportunities related to the family residence provided for in the law.
What is the Legal Benefit of Placing a Family Residence Annotation on the Title Deed?
The family residence annotation will prevent the protection of the good faith of third parties against any transaction to be made on the family residence. Otherwise, the transaction made with a person acting in good faith (a person who does not know that the residence is a family residence) will be valid. It should be noted that if the third party in question knows that the residence is a family residence, the transaction will be considered invalid even if no annotation has been made, in cases where the other spouse’s consent is not present. These transactions include ‘the sale of the residence, termination of the lease agreement, or any action taken on the residence’.