General terms and explanations related to real estate transactions can be found below.
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The issues written in the annotations column of the land registry as a warning to third parties in order to prohibit or restrict the right of assignment of the real estate owner or to strengthen personal rights. For example; precautionary measure, attachment, promise of sale.
This means that the certificate was issued by the competent authority of the countries that joined the La Hague Convention on October 5, 1961. If there is the phrase "Apostille (Convention de La Haye du Octobre 1961)" on the powers of attorney, authorization certificates and other documents, the document is considered valid in Turkiye without the need for certification by the Turkish Consulate in that place.
It is the process of marking the corner points that form the boundaries of the rights and responsibilities registered in the land registry, which have geometry, on the land based on technical information and documents.
An attachment is movable property that is permanently dedicated to the main thing for its operation, protection or benefit according to the understandable desire of the owner of the main thing or according to local customs, and is made dependent on the main thing in its use in the form of combination, attachment or otherwise (CC.686). In buildings where a condominium easement or condominium ownership has been established, places that are outside of an independent section and directly allocated to that section such as coal cellar, garage, warehouse are called attachments.
The process of determining the boundaries of immovable properties on land and maps and determining their legal status and rights on them is called cadastre.
Process of crossing out the record on the title deed with a red ink pen and writing the date and journal number of the cancellation in order to terminate a right registered in the land registry.
It is a certificate issued for the heirs by the court or Notary Public, showing that they are heirs, and valid until the contrary is proven. It is also called a deed of inheritance. (Article 598 of the Turkish Civil Code)
When more than one person has rights on immovable property, but the shares are not clear, it is called collective ownership (co-ownership). This situation, which is generally encountered on immovable property inherited by inheritance, is also known as joint ownership.
The insurance of dwellings, houses and independent sections against earthquakes by authorized insurance companies. Land registry offices are obliged to look for this insurance in the title deed transaction and to write the policy number in an appropriate place in the official deed/registration request certificate.
It is a type of ownership established on the independent sections of a completed building by the owner or shareholders of that immovable property in accordance with the provisions of the Condominium Law. Condominium is divided into two as vertical condominium or horizontal (common) condominium.
It is a servitude established on the independent sections of one or more buildings that are being built or will be built in the future on a field, by the owner or shareholders of that field, depending on the field share, in order to be the basis for the condominium to be switched after the completion of the building.
These are the transactions made by issuing an official deed at the Land Registry Office. Sale, donation, partition, maintenance contract until death, mortgage and easement rights are examples of contractual transactions. Article 26 of the Land Registry Law states that an official deed shall be issued at the Land Registry Office for the establishment and transfer of real rights for ownership and real rights other than ownership. No official deed is issued for personal rights.
It is the statement included in the declarations section of the land registry regarding the issues deemed necessary to be explained regarding the actual and legal status of the real estate.
An official document issued by the land registry office showing the ownership of the immovable property or the independent section built on it, valid until otherwise proven. It is also called a title deed. A title deed is also issued for independent and permanent rights. It is derived from the Turkish word (tapuk), which means trust.
In the event of the death of the owner registered in the land registry, the registration of the property right by transfer to the heirs specified in the certificate of inheritance obtained from the court or notary public in accordance with the provisions of the Turkish Civil Code is called "descent". In essence, the inheritance is deemed to have passed to the heirs as an unregistered acquisition at the time of the death of the inheritor. (TCC. 705). The transaction made in the land registry is not a right-bearing but a descriptive registration. The inheritance may be registered in the name of the heirs as joint ownership or as shared ownership. In order to be registered as shared ownership, all heirs or their proxies must come to the land registry office and make a request.
It is the transfer of the real estate and transferable limited real rights to another person free of charge.
It is the generic name of limited real rights that authorize the owner to use and benefit from the immovable property subject to the right. If it is established in favor of a land, it is called a land easement, and if it is established in favor of a person, it is called a personal easement. If it is established for more than thirty years and can be transferred to others, it can be registered as an independent and permanent easement. In the Civil Code, easement rights are shown as usufruct right, right of habitation, right of passage, right of resource, right of construction and other easement rights.
It is the generic name of annotations, declarations, easement rights, immovable burdens, foundation signs and pledges that restrict the right of ownership. It means restriction. It is useful for those who will buy an immovable property to examine whether there is an encumbrance (restriction) on the electronic land registry.
It is the process by which the State or other public legal entities nationalize all or part of the immovable property in private ownership, provided that they pay in advance, in cases where the public interest requires it.
A family residence is a residence for the permanent residence of the family. In Article 19 of the Civil Code, the location of the family residence is referred to as the "place of residence". Accordingly, the place of residence is the place where a family resides with the intention to stay permanently. A family cannot have more than one place of residence at the same time. This means that a family cannot have more than one family residence. The residence in the place of residence mentioned in Article 19 of the Civil Code is the "family residence". A family can have residences in many places, but only one of them is a family residence in the sense of the Civil Code.
It is the money received in return for the title deed service provided from the title deed transactions specified in the tariff (4) attached to the Law No. 492 on Fees. Today, title deed fees can be paid via online methods. Title deed transactions cannot be made without paying the fee.
It is the name given to the pieces of land divided into plots according to the zoning plan within the municipality boundaries.
Owners of the property right established on the independent sections subject to condominium.
Foreign-capital trade companies established in Türkiye in accordance with the Turkish Commercial Code and having Turkish nationality.
A public institution with a separate budget within the general budget to carry out all kinds of registration, cadastre and renewal works in accordance with the legislation, to organize, implement and renew land registries and cadastral topographic maps.
A person allocates a house or immovable properties suitable for agriculture or industry together with its attachments to his/her family and creates a protective facility (homestead) for his/her family. The establishment of a homestead is recorded in the annotations column of the land registry (CC.386).
An item with a value that cannot be moved from one place to another without damaging its essence.
The parts of the main real estate that are suitable for independent use and subject to independent ownership according to the provisions of the Property Ownership Law.
In the cases listed in the Civil Code No. 4721, property, money or wealth left to someone by a deceased relative is the inheritance, legacy or bequest.
A piece of land, the boundaries of which are determined by legal and geometric methods.
Each of the books that constitute the land registry and show the real and personal rights on immovable property, kept on a village or neighborhood basis, is called a land register.
The whole consisting of the whole of the other books and documents that show the legal and material qualities of the real estates and serve the purpose of ensuring that the rights on the real estates are disclosed to the public, together with the register kept by the General Directorate of Land Registry and Cadastre under the supervision and responsibility of the state, is called the land registry.
Offices established in each province and district in charge of making contracts and registration transactions regarding immovable properties and keeping the land registry in accordance with the legislation.
Cadastral map, a map drawn at a certain scale showing the geometric shapes of parcels.
The shares of the independent sections in the land subject to common ownership, determined according to the rules written in the Condominium Law No. 634.
It is the process carried out in the land registry in order to change the type of a real estate from non-built to built or from built to non-built, from vineyard, garden and the like to field and land, from field and land or from built to vineyard, garden and the like.
It is an organization formed by more than one person and their assets who have come together for a specific purpose (commercial or social), which is considered as a single person before the law.
It is the whole real estate subject to condominium.
A document that regulates how the building or site will be managed, the rights, debts and responsibilities of the condominium owners and is signed by all condominium owners in apartment buildings and sites where condominium easement or condominium ownership has been established.
The shape of the whole or part of the earth drawn on a base by reducing it to a certain scale is called a map.
The area within the borders determined by the decision of the Council of Ministers around military facilities and regions that are vital for the defense of the country is called a military security zone.
It is the securing process of the receivables that have been born (or that have not yet been born but are certain to be born) over the real estate.
These are the transactions carried out at the Land Registry Office with the unilateral will of the right holder or the owner, such as the annotation, cancellation, correction, change, separation, merger, inheritance transfer of personal rights that are not related to the establishment and transfer of real rights not included in Article 26 of the Land Registry Law. For non-contractual transactions, a Registration Request Certificate/Registration Approval Certificate is issued instead of an official deed.
Written notification, announcement. One of the ways of announcing the result of a transaction to those concerned. Verbal notification is called pronouncement and written notification is called notice. If the notification is made through a newspaper, it is called notification by announcement. Notification is made by announcement to those whose address is unknown. See Notification Law.
It is an official contract for the establishment and transfer of immovable ownership or real rights other than ownership, issued by an officer in charge of the land registry office, signed by the parties and witnesses if necessary, and certified by the director with signature and seal.
It is the smallest unit for which delimitation-measurement and determination works are carried out in order to be registered in the land registry.
Rights that provide the possibility of dominance (due to a legal relationship with it) and therefore can only be asserted against the addressee of the legal relationship.
It is a collection of parcels bounded by natural or artificial formations such as roads, railroads and rivers.
The act of establishing actual dominance over a property (good) based on the will of possession is called possession (CC.973). Using and holding the goods are examples of possession. Possession has two elements: a) The will to be in possession, b) Actual dominance. Possession is divided into two. a) Primary possession: The possession of a person who is in possession of something with the title of owner and with the will to be the owner is called primary possession. b) Secondary possession: The possession of a person who is in possession based on a limited real or personal right is called secondary possession.
Preemption is the right to buy first. It is the right to purchase the immovable property to which the right relates in priority to other buyers in the event that it is sold. There are two types of preemption rights: legal preemption and contractual preemption rights. The shareholders of an immovable property have a legal preemption rights against each other. While the legal preemption right does not need to be annotated in the land registry, the contractual preemption right must be annotated in the land registry (TCC.732,735).
It is a contract that aims to transfer a real estate at a future time with the conditions agreed in the contract and imposes an obligation on both parties and a commitment to conclude a contract of sale of real estate in the future, which must be made officially before the land registry officer.
TTB is the document obtained from the real estate appraisal report issued by GEDAŞ in accordance with the Circular No. 2024/2 of our General Directorate and prepared through TADEBIS application as an annex to the relevant real estate appraisal report and sent to TAKBIS/Webtapu system, showing the amount of investment for the relevant real estate that can be accepted for the purpose of acquisition of citizenship. It is essential that the TTB is sent through the designated system, and the TTB physically submitted shall not be accepted. The request for appraisal report based on TTB shall be made through the WebTapu/TADEBIS system from the request for appraisal report menu for citizenship purposes. The difference between the TTB and the application period of the transaction involving the acquisition of citizenship shall not exceed six months. For TTBs exceeding six months, the appraisal report based on the certificate shall be renewed.
The Turkish Civil Code has classified movable and immovable property in a property order in accordance with their qualities and introduced provisions accordingly. Articles 704-761 of the Turkish Civil Code regulate immovable property and Articles 762-778 regulate movable property. The right to property is the broadest real right that authorizes the owner of the property to dispose of the property subject to the right as s/he wishes within the limits set by the law. Article 36 of the Constitution regulating the right to property reads as follows: "Everyone has the right to property and inheritance. These rights may be restricted by law only for public interest. The exercise of the right to property may not be contrary to the public interest. The right to property gives the owner the right to possess, use, change the form of the thing (property), benefit from the products and income of the property, subdivide the property, make legal and material dispositions on the property (transfer and consume it).
The right to dispose of, use and benefit from a movable or immovable property.
Publicity is the principle that land registry details are open only to those concerned. It is regulated in the Turkish Civil Code. "Publicity of the land registry" - "Article 1020- The land registry is open to everyone. Any person whose interest is credible may request that the relevant pages and documents in the land registry office be shown to him/her before the land registry officer or that s/he be given copies thereof. No one may claim ignorance of a record in the land registry.".
A person who is not only a legal person but also both a legal person and a real person.
means “to collect the price”. It is mostly used in powers of attorney and means "authorization to collect the sales price".
The upper unit to which cadastre and land registry offices are subordinated.
Registration means inscription in the land registry. After the requirements of the transactions for real and personal rights are fulfilled, it is registered in the registry with the date and journal number. The registration is written legibly with a black or blue ink pen and book letters, usually by hand. Except for unregistered acquisitions, real rights are acquired by registration in the land registry.
A printed document containing the request of the owner or right holder and the registration request, signed and sealed by the requestor, the officer who prepared the transaction and the manager/authorized deputy manager in non-contractual transactions that do not require the issuance of an official deed.
"Remaining share" means the share of ownership that remains in the possession of the owner in share transfers apart from the transferred share.
The authorization that must be granted by law or by a real or legal person in order for others to carry out transactions on behalf of them.
Right of construction is an easement right that authorizes the construction of a structure or the maintenance of an existing structure on or under someone else's land. The owner of the right of construction (the holder of the easement right) gains the right of ownership over the construction on the land. The right of construction can only be established on immovable properties. The ownership of the land on which the right of construction is established remains with the owner, but the immovable property built on the land belongs to the owner of the right of construction.
The right of construction is regulated in Articles 726, 826 and 836 of the Turkish Civil Code (TCC).
The owner of an immovable property may establish an easement right in favor of a third party, which authorizes the third party to construct a building on or under his/her land or to maintain an existing structure. Unless otherwise agreed, this right is transferable and passes to heirs. If the right of construction is independent and permanent, it can be registered as an immovable in the land registry upon the request of the owner of the right of construction. The right of construction established for at least thirty years is of a permanent nature (Article 826 of TCC).
It is the transfer of the right of ownership to the contracting party or parties in return for the agreed price.
A share corresponds to a portion of the full ownership of an immovable property. In joint and several ownership, each owner has a share of the immovable property.
It is a situation where the right of ownership on a property belongs to more than one person in shares.
In legal terms, a stateless person is a person who has no nationality and is not a citizen of any country. People who are not bound to any state by the bonds of nationality and who have stateless status are legally defined as stateless.
Pursuant to Article 1007 of the Civil Code, the State is liable for damages arising from the maintenance of the land registry even if it has no fault. The land registry officer who keeps the registry is liable only if s/he is at fault and in proportion to his/her fault.
It is the process of dividing an immovable property, which is registered as a single parcel in the land registry, into multiple parts according to the maps prepared and registered in the land registry.
It is the transfer of the inheritance to the heirs listed in the certificate of inheritance or the inheritance document obtained from the court in the event of the death of the owner of a real estate registered in the land registry.
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