How to Put a Family Housing Annotation on the Land Registry ?
How and where is the family housing annotation placed? The spouse or both who are not the owners of the family residence together or their lawyers will apply to the Land Registry Office with the necessary documents. In the relevant circular of the Land Registry Office of the General Directorate of Land Registry and Cadastre, the necessary documents for issuing a family residence annotation are indicated. If they make a request with the necessary documents, a ‘family residence’ comment may be provided to the land registry office. In this way, it will be registered in the annotation house of the land registry. In other words, a person who studies the register will be able to see that the real estate in question is a family residence. Even if the person has not examined the register in accordance with the ‘presumption that the records in the land registry are known to everyone’ in our law, the comment in question can be put forward against him. The existence of a commentary is mandatory in order to take advantage of the facilities related to family housing contained in the law.
What is the Legal Benefit of Having the Deed Annotated to the Family Residence?
The family housing commentary will prevent the protection of the goodwill of third parties against any actions that will be taken on the family housing. Otherwise, the transaction made with a bona fide third party (a person who does not know that the residence is a family residence) will be valid. It should be noted immediately that if the third party in question knows that the residence is a family residence, the transaction will be considered invalid even if the comment has not been made in the absence of the consent of the other spouse. These actions may be ‘the sale of the dwelling, the termination of the lease agreement or the limitation of rights over the dwelling‘.
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