- Chamber
- 7. Hukuk Dairesi
- Docket No.
- 2024/880
- Decision No.
- 2024/2105
- Date of decision
- 7 March 2024
Summary
Physical partition is preferred where each co-owner can be left an independent and value-equalised portion; otherwise the path of sale is taken.
Full note
The Court of Cassation reversed a first-instance order of sale where subdivision appeared possible under the zoning position. If physical partition is alleged, that possibility must be exhausted with a technical expert in the light of planning and cadastral data. Improvements and differences in value may be cured by equalisation in money. Sale is exceptional and a last resort; the request of one co-owner does not of itself compel a sale.