LEGAL NATURE OF ANNOTATIONS AND DECLARATIONS IN THE LAND REGISTRY RECORD

EFFECT OF ANNOTATIONS AND DECLARATIONS IN THE LAND REGISTRY ON IMMOVABLE PROPERTY

Ownership of property is subject to special regulation in legal systems, and the importance of land registry records in determining the transfer and other legal conditions of ownership is significant. The land registry record in Turkey is a document that ensures the legal validity of ownership and other real rights over immovable property. However, not only ownership information but also annotations and declarations in the land registry have significant legal effects. Annotations and declarations in the property record in Turkey are statements added to the record to announce rights, obligations, or other important situations concerning the immovable property to third parties.

• Definitions of Annotations and Declarations in the Land Registry in Turkey

An annotation in the property record in Turkey is an official statement added to the land registry record that indicates the legal status of the property or a right or obligation imposed on it. Annotations are made to announce a situation regarding a right on the property and affect future transactions related to the property.

A declaration in the property record in Turkey, on the other hand, is a statement entered into the record by the owner or relevant parties to announce a situation concerning the property. Declarations serve as records to notify third parties of a situation related to the property, regardless of whether they have legal consequences. Declarations in the land registry are more explanatory than constitutive.

• Legal Effects of Annotations and Declarations in the Property Record in Turkey

The presence of annotations and declarations in the land registry in Turkey is an important element that determines the legal status of the property, allowing the monitoring and determination of rights and obligations over the property. The effect of annotations and declarations on the property is related to the legal consequences these records have for third parties.

1. Effect on Third Parties: Annotations and declarations entered into the land registry are valid not only for the owners of the property but also for third parties. According to the Turkish Civil Code, annotations and declarations in the land registry are binding for persons conducting transactions based on these records.
2. Determination of Legal Status of the Property: Annotations and declarations help determine the rights and obligations over the property. For example, if an easement right exists on the property, this right is announced with an annotation entered into the land registry. Thus, the owner becomes aware of the existence of the easement right. Similarly, a declaration of a lease agreement entered into the land registry secures the legal rights of the tenant and protects them against third parties.
3. Providing Legal Security: Annotations and declarations publicly announce the existing conditions of the property without any uncertainty. This helps prevent disputes between parties in transactions related to the property. For example, if an owner sells a property with a lien annotation in the land registry, the buyer becomes aware of the lien through the record and may avoid transactions involving the encumbered property.
4. Impact on the Use of the Property: Although declarations express an existing condition of the property, they are binding on third parties. Moreover, declarations can also regulate contractual relationships between parties and the terms of use of the property.

Annotations and declarations in the land registry in Turkey are important records that determine the legal status of immovable properties, allow the monitoring of rights and obligations over the property, and are valid against third parties. Annotations legally announce the existing status of the property, while declarations help prevent disputes between parties and clarify certain conditions regarding the use of the property.

These annotations and declarations in the land registry in Turkey enable transactions related to the property to be carried out securely and transparently. In this context, accurate and up-to-date registration of annotations and declarations is of critical importance for preventing potential legal disputes related to immovable properties and protecting the rights of parties.

IS IT POSSIBLE TO SELL A PROPERTY WITH DEED RESTRICTIONS OR ENCUMBRANCES IN TURKEY?

Deed restrictions and encumbrances in the property record in Turkey contain important information about the rights and obligations on an immovable property. Therefore, a title search in Turkey is essential during the sale or transfer process of an immovable property with deed restrictions in the land registry. Although the sale of an immovable property with encumbrances is possible, the legal or administrative restrictions that may apply depend on the nature of the encumbrance.

Deed restrictions in the land registry in Turkey indicate rights granted to third parties over the property or certain obligations imposed on the property owner. Depending on the nature of the deed restrictions and encumbrances on real estate, the sale of the property may be affected in different ways:

1. Encumbrances That Constitute a Definite Obstacle to Sale: Some annotations completely prevent the sale of the property. For example, an “unsalable” encumbrances imposed by a court decision makes it legally impossible to transfer the property in any way. Such deed restrictions are generally related to precautionary injunctions, family home annotations, or expropriation processes.
2. Situations Requiring Permission for Sale: Certain annotations require approval from specific institutions or organizations for the sale of the property. For instance, the sale of a property located within an Organized Industrial Zone may be subject to the approval of the relevant Directorate. Similarly, in cases such as collusion by the deceased concerning inherited immovable properties, the sale or transfer among heirs may be subject to specific legal procedures under Turkish Inheritance Law.
3. Encumbrances That Do Not Directly Prevent Sale but Affect the Property’s Value: Some deed restrictions, while not directly preventing the sale, may reduce the value of the property or pose certain risks for the buyer. For example, an urban planning annotation recorded in the land registry due to a zoning plan change may result in a reduction in the property’s area. This situation may require the buyer to assess whether the property is suitable for its intended use.
4. Annotations That May Cause Legal Issues After Sale: Annotations such as mortgages or liens do not directly prevent the sale of the property; however, the buyer may face legal and financial obligations arising from these annotations. For example, if a mortgaged property is purchased and the debt related to the mortgage is not paid, the creditor may request a forced sale of the property. Similarly, while it is possible to transfer a property with a lien annotation, if the debt is not settled, the property may be sold through enforcement proceedings.

The sale of immovable properties with deed restrictions and encumbrances in the land registry is possible; however, the sales process may be subject to various legal and administrative restrictions depending on the nature of the annotation. While some annotations completely prevent the transfer of an annotated property, others may require the approval of certain institutions for the sale or affect the property’s value.

IS IT POSSIBLE TO REMOVE DEED RETRICTIONS ON PROPERTY IN TURKEY?

Annotations and declarations in the land registry can be permanent, temporary, or explanatory depending on their legal nature. In some cases, it may be necessary to remove or modify deed restrictions in the property record in Turkey. Such transactions are carried out within the framework of the relevant legislation and require an application to the land registry office. The removal of annotations and declarations in the land registry depends on the nature of the annotation and its legal basis:

1. Annotations That Can Be Removed Upon Expiry or at the Request of the Parties: Annotations placed for a specific period can be removed upon the expiration of that period. For example, a lease agreement annotated in the land registry can be automatically removed when its term expires or can be deleted by the land registry office upon the joint request of the parties.
2. Deed Restrictions That Can Be Removed by Court or Administrative Decision: Some deed restrictions and encumbrances can only be removed with a court decision or the approval of the relevant administrative authorities. For example, declarations related to a change in the nature of a property can only be modified through official projects obtained from the relevant municipality or cadastre office and with a court decision.
3. Explanatory Annotations and Declarations: Explanatory annotations, placed to indicate the legal status of the property, cannot be removed unless there is a change in the property’s status. For example, zoning-related annotations are placed to reflect changes in the zoning plan of the property and remain in the land registry unless removed by the municipality or relevant administrative authorities. Easement right annotations, which are established in favor of third parties on the property, can only be removed when the easement right expires or through legal transactions between the parties.

Process for Removing Deed Restriction in the Property Record in Turkey

The basic steps to follow for removing deed restrictions in the land registry in Turkey are as follows:

1. Preparation of Required Documents: Depending on the nature of the annotation, documents such as a court decision, official letters from the relevant administrative authority, or agreements between the parties must be obtained.
2. Application to the Land Registry Office: The property owner or an authorized person must apply to the land registry office with the necessary documents to request the removal of the deed restriction.
3. Official Review and Approval Process: The land registry office examines the submitted documents to determine whether the legal conditions for removing the annotation are met.
4. Deletion of the Deed Restriction from the Land Registry: If approved, the relevant encumbrance is officially removed from the land registry.

The removal of deed restrictions and encumbrances in the land registry depends on the type of annotation and its legal basis. While annotations that have expired or can be removed upon the request of the parties are easily deleted, some annotations require a court or administrative decision for removal. Some explanatory annotations, directly linked to the property’s status, cannot be removed at the request of the parties. Therefore, during the process of buying or selling properties with annotations, it is crucial to thoroughly examine the property records in Turkey with a title search and ensure that necessary official procedures are carried out in a timely manner.

WHAT DOES “ŞBİ VAR” MEAN IN THE LAND REGISTRY RECORD?

The phrase “ŞBİ VAR” in the land registry record of a property indicates the presence of a restriction (şerh), annotation (beyan), or easement right (irtifak) registered on the title deed. This notation signifies that there are certain legal limitations, explanatory notes, or rights granted to third parties concerning the property. If any restrictive or informative entry such as a restriction, annotation, or easement exists on the property, it is marked as “ŞBİ VAR” in the land registry.

If there is a notation stating “ŞBİ VAR” in the land registry, the contents of these restrictions, annotations, and easement records must be thoroughly examined before carrying out any transaction regarding the property. These records can directly affect transactions such as sale, lease, or mortgage.

Especially prior to purchasing a property, it is crucial for the buyer to investigate what consequences the existing entries may have in terms of the property’s usability and legal security. In fact, certain restrictions, annotations, and easement rights may significantly affect the nature and value of the property, and in some cases, may even lead to the loss of the property. For example, an expropriation restriction, a construction ban annotation, or a right of way established in favor of another property may not only limit the owner’s right to dispose of the property but also decrease its market value.

On the other hand, some restrictions, annotations, or easement records can be removed from the land registry if certain conditions are met or upon application to the relevant authority. Therefore, it is of utmost importance to conduct a comprehensive land registry check and to legally evaluate the impact of such entries on the property before proceeding with any transaction. Otherwise, significant legal disputes and loss of rights may arise in the future, leading to serious grievances.

For this reason, the most recent land registry copy obtained from the land registry office should be carefully reviewed, and if necessary, assistance should be sought from a legal professional or real estate expert. Otherwise, one may face legal conflicts and potential losses of rights later on.

THE IMPORTANCE OF TITLE SEARCH IN TURKEY BEFORE PURCHASING REAL ESTATE

One of the most critical steps when purchasing real estate is conducting a title deed search in Turkey. This title search process helps determine the ownership status of the property, existing rights, restrictions, and other legal obligations. The land registry review in Turkey allows the buyer to identify potential risks before purchasing the property and make an informed investment.

1. Why Is a Land Registry Review Important in Turkey?

There are several essential reasons for examining property records in Turkey:

a) Identifying Factors That Restrict Ownership or Sale

Property search in Turkey helps identify any annotations or declarations that restrict ownership rights or prevent the sale of the property. Such deed restrictions can limit the buyer’s rights to the property, reduce its value, or even lead to the buyer losing the property after the purchase. Therefore, title search in Turkey is crucial to detect any legal conditions that might affect the property’s value and usability.

b) Protection Against Fraud through Deed Search in Turkey

A land registry review in Turkey is critical to confirm whether the property actually belongs to the seller and whether there are any other rightful owners. Unfortunately, cases of fraud where individuals without ownership rights attempt to sell properties do occur. Checking the land registry ensures that the seller is indeed the rightful owner, providing legal protection for buyers.

c) Verification of Land Registry Information through a Property Search in Turkey

The buyer should also verify that the features of the property—such as its size, intended use, and zoning status—match the information in the land registry through a title search in Turkey. For example, discrepancies between the property’s actual size and the registered size in the land registry can arise. A zoning annotation on the land registry could indicate changes in the property’s intended use (e.g., a plot of land being converted into a residential area due to zoning plans). It is also essential to check the building registration status, such as condominium easement or condominium ownership.

These checks help clarify exactly what the buyer is acquiring for the price paid.

2. How to Conduct a Title Deed Search in Turkey?

To conduct a land registry review in Turkey, follow these steps:

1. Obtain the Current Land Registry Record from the Land Registry Office: The property owner or an authorized person should apply to the relevant Land Registry Office to obtain the current land registry record of the property. Within the scope of Personal Data Protection, it is prohibited for anyone other than the title deed holder or a person authorized by them to review the land registry records.
2. Check for Deed Restrictions in the Land Registry: Carefully examine whether there are any restrictions such as liens, mortgages, easement rights, or pre-emption rights on the property.
3. Verify Zoning and Usage Status with the Relevant Municipality and Institutions: After examining the land registry, apply to the relevant municipality to check the zoning status, building registration certificate, and permit information of the property. If the property is classified as agricultural land, consult the Ministry of Agriculture and Forestry, the Ministry of Environment and Urbanization, or other relevant institutions to determine whether it can be used for agricultural purposes or is open to development.
4. Prepare the Necessary Documents and Seek Legal Advice: If there are legal uncertainties in the land registry, it is advisable to seek assistance from a real estate law attorney in Turkey.

Although a property search in Turkey may require additional time and costs, it is crucial for the security of the investment and to prevent potential legal issues in the long term. Taking the right steps during the property purchasing process minimizes potential risks and ensures a safe investment for the buyer.

EXAMPLES OF THE MOST COMMON ENCUMBRANCES ON REAL ESTATE AND ANNOTATIONS ON PROPERTY

Examples of the most common annotations on property in Turkey and declarations encountered in land registry records are shared below, along with explanations to serve as guidance. However, it should be emphasized that each property is unique, and annotations on property and encumbrances on real estate should be evaluated by an expert lawyer based on the specific features and characteristics of the property. Selling a property with deed restrictions without obtaining legal support can lead to problems that may result in the loss of the property for the buyer.

• OWNERSHIP DISPUTE ANNOTATION

If there is an annotation in the land registry indicating a “lawsuit concerning ownership,” it is inadvisable to purchase the property, as the outcome of the lawsuit may result in changes to the ownership, the size of the property, or the share ratios.

•  SALE RESTRICTION ANNOTATION (150/C)

The ““sale restriction annotation”” on an immovable property is a notice entered into the land registry to inform third parties that the property is at the stage of being sold through enforcement proceedings. It is not possible to purchase a property that bears an annotation of sale offer.

• ANNOTATION UNDER THE LAW ON ORGANIZED INDUSTRIAL ZONES (OIZ)

In order to prevent speculation by those to whom land has been allocated or sold by the OIZ and to ensure that the declared industrial facilities are established within a reasonable period, the OIZ takes all necessary measures and places a “right of repurchase” annotation on the title deeds of the sold parcels. This annotation remains in the land registry until the facility, which the participant previously declared would be established on the plot, is put into operation.

In cases where the title deed is issued to participants by removing the right of repurchase annotation, a new annotation is added stating: “In the event of transfer of the immovable property to third parties, including sale through enforcement proceedings, obtaining approval from the OIZ is mandatory.” In such cases, the commitments previously made by the former participant are deemed to have been accepted without change by the new purchaser.

• ANNOTATION OF PERPETUAL RIGHT OF DISPOSAL IN FAVOR

Since the perpetual right of disposal is in favor of the property, there is no issue regarding the purchase of the immovable. It serves as an informative declaration on the land registry. The sale of the property with such an annotation will not pose a problem.

• ANNOTATION OF PERPETUAL RIGHT OF DISPOSAL AGAINST

The perpetual right of disposal annotation is a record granting a third party (private or public), other than the owner, a right of disposal over part of the property. Before proceeding with the purchase, it is important to assess whether this right affects the value or marketability of the property. The purchase should be considered only after determining the impact of this annotation.

• ANNOTATION OF SUPERFICIES RIGHT

Based on a right of superficies, the ownership of structures permanently built above or below another person’s land belongs to the holder of the easement right. A right of superficies cannot be established on independent sections under condominium ownership. This right allows the ownership of a building to be held by someone other than the landowner.

• RIGHT OF PASSAGE

The right of passage is a right granted to a property that does not have sufficient access to a public road to reach the public road by passing through the boundaries of neighboring properties. There is no problem in purchasing the property if there is a right of passage annotations on property.

• RESTRICTION OF USE RIGHT FOR THE TREASURY

The use right is a transaction that requires consent to use or benefit from a property and is established as a real right for the benefit of another property or person. If the use right is established for a property owned by the Treasury, this use right is an “use right,” and the right to benefit from the area subject to this right belongs to the Treasury. Depending on the area covered by this right, a title search should be made on whether it affects the value of the property negatively.

• “ORIGINATES FROM AN OTTOMAN TITLE DEED” DECLARATION

The phrase “originates from an Ottoman title deed” indicates that the land registry record of the property dates back to the Ottoman era, and that the initial registration in the land registry is based on Ottoman archival documents, cadastral records, or tahrir registers. Such properties were transferred into the modern land registry system during the Republican era through the updating of Ottoman title deeds. This declaration reflects the historical nature of the property and its connection to older records, and does not pose any obstacle to the sale of the property.

• MUNICIPALITY PARTICIPATION FEE ANNOTATION

If the expenses determined by the Municipality for roads, sewage, and water facilities related to the property subject to the mortgage are not paid, the “municipality participation fee annotation” is entered into the title deed of the property upon notification by the municipality, and the transfer (intake) of the property is not carried out until the participation fee and interest are paid. When encountering these encumbrances on real estate in title search it should be noted.

• PRE-SALE AGREEMENT

This agreement shows that the immovable property is promised to be sold to a third party under previously determined conditions and price. A sales promise agreement made in the notary public is valid for third parties under Turkish Contract Law. If there is an annotation of a sales promise in the land registry, it will cause issues in selling the property to another party.

• ALLOCATED TO THE PUBLIC”/”ALLOCATED FOR PUBLIC INTEREST” ANNOTATION

If there is an annotation on the land registry stating that the property is “designated for public use” or “designated for the public benefit”, and this annotation covers the entire property, the property should not be purchased.

This is because a property designated for public use cannot be sold. However, if the annotation applies to a small/insignificant portion of the property (e.g., a section of the property that is allocated for a road or similar purpose), the purchase can be considered after an expert examination is conducted to determine whether the area designated for public use negatively impacts the value and marketability of the property.

• EXPROPRIATION ANNOTATIONS ON PROPERTY (ARTICLE 7 OF THE LAW NO. 2942)

Expropriation; It is the unilateral acquisition of real estate, regardless of the owner’s consent, by paying in cash for the administration to include it among public goods or to be allocated to the performance and execution of a public service, as a requirement of public interest and based on public power.

Article 7 of the Expropriation Law provides for the preparation of a scaled plan showing the boundary, surface area and other characteristics of the real estate to be expropriated or on which the right of easement will be established during the formation of the expropriation, and to determine the owners according to the land registry, by searching and documenting their possessions if there is no land registry.

In the aforementioned article, an annotation pertaining to the 7th article is written on the real estate whose expropriation proceedings have begun. In cases where the expropriation procedures are not continued, the annotation must be deleted by the land registry directorate within 6 months, but in practice, the land registry directorates do not automatically (ex officio) delete this annotation. In order to continue the sales transactions, it would be appropriate to ensure that the invalid annotation is deleted by the real estate owner.

• DECLARATION OF A DISPOSITION UPON DEATH

When purchasing a property with a right of usufruct, if the property is sold through enforcement proceedings, the property will be sold burdened with the usufruct. The new owner cannot request the termination of the usufruct from the usufruct holder. This is an issue that can directly negatively affect the sale of the property and decrease its value because of deed restrictions.

• ANNOUNCEMENT THAT THE ENTIRE REAL ESTATE PROPERTY STAYS WITHIN THE LIMIT OF FOREST RESTRICTION OR FOREST CADASTRE

If there is an annotation in the land registry stating that the property is within the forest designation or forest cadastre boundary, the authorities may file a title cancellation lawsuit on the grounds that the property falls within the forest designation/forest cadastre boundary. As a result, they will request the property to be registered in the name of the Treasury with its forest status.

• FAMILY HOUSING DEED RESTRICTIONS

If a house with a “Family Residence” annotation is to be purchased, a “consent” must be obtained from the seller’s spouse. If an immovable property subject to a family residence annotation is purchased without the consent of the spouse, it may be subject to a title deed cancellation lawsuit. When encountering these encumbrances on real estate in title search it should be noted.

• ENCROACHMENT ON NEIGHBORING PARCEL (OVERFLOW CONSTRUCTION) NOTE

In accordance with Article 725 of the Turkish Civil Code, if a part of a building is encroaching onto someone else’s land, and the owner of the building has an easement right over the encroached land, then the encroached property becomes an integral part of their property.

If there is no such easement right, and the affected property owner does not object within fifteen days of becoming aware of the encroachment, and if the circumstances and conditions justify it, the person who built the overflow construction in good faith may request the establishment of an easement right or the transfer of ownership of the encroached land upon payment of a reasonable amount.

According to the supreme court, if the owner of the overflow construction is in good faith, if the parcel can be divided according to the zoning regulations, if the difference between the damage that the landowner would suffer from dividing the parcel and the benefit the overflow construction owner would receive is not excessive, then the owner of the overflow construction can request the registration of the overflowed part with a title deed action by paying an appropriate amount, or to establish an easement right over it.

Depending on the extent of the encroachment onto the adjacent parcel and the size of the affected area, a demolition order may be issued, or the problem may be resolved by paying the value of the encroached land.

• “RIGHT OF EASEMENT” DISCLAIMER

Rights granted to a third party (personal rights) or a neighboring property (real rights) that allow the use of the property are known as usufruct rights. There is no legal obstacle to the sale of a property with such an annotation. However, it is important to evaluate how the security nature and marketability of the property will be affected by this annotation, considering the limits of the usufruct right (e.g., easement rights).

• FOUNDATION COMMENTARY

As can be understood from the regulations in the Foundations Law; unless the foundation annotation is canceled from the registry by paying the full concession price, the dispositions on the real estate will not be registered by the land registry offices.

In addition, deed restrictions in the registry means that the concession fee has not been paid yet. The concession fee is; It is the price received in exchange for transferring the ownership of some foundation real estates to the mutasarrıfs. In the calculation of the concession price; the sale price is taken as the basis for the dissolution of the partnership or the sale through forced execution, and the expropriation price for expropriations. When encountering these encumbrances on real estate in property search in Turkey it should be noted.

• “WITHOUT THE PERMISSION OF THE TRANSFEROR ADMINISTRATION, THE TRANSFERRED PROPERTY CANNOT BE USED FOR ANY OTHER PUBLIC PURPOSE, OTHERWISE THE TRANSFEROR ADMINISTRATION TAKES BACK THE REAL ESTATE PROPERTY UNDER ARTICLE 23

Real estate property, resources, or easement rights owned by public legal entities and institutions cannot be expropriated by another public legal entity or institution. However, it is possible for one administration’s property to be transferred to another administration through a different procedure.

The transfer of real estate property owned by one administration to another administration is regulated in Article 30 of Law No. 2942 on Expropriation. In accordance with the relevant provision, a property or easement right acquired through transfer is considered to have been expropriated from the owner and cannot be used for any other public purpose without the permission of the transferring authority. Otherwise, the transferring authority may reclaim the property under Article 23. This condition is annotated in the declarations section of the land registry.

• ANNOTATION OF THE “LAW ON SLUM HOUSING PROTECTION ZONE No. 775”

The legal basis for this annotation is Article 34 of the Slum Housing Protection Law No. 775. This article, titled “PREVENTION OF CONDUCT CONTRARY TO THE PURPOSE OF ALLOCATION”, states:

Article 34 – According to the provisions of this Law, lands allocated by municipalities, buildings, and the immovable properties created by these buildings, within 10 years from the date of allocation:

a) Cannot be transferred or assigned.
b) Cannot be encumbered with mortgages or other real rights.
c) Cannot be the subject of a sales promise agreement.
d) Cannot be subject to partition or sale for the purpose of resolving joint ownership.
e) Cannot be seized or occupied.

However, the provision in item (e) does not apply in cases of death, retirement, transfer of duty, or sales due to mortgages held by the Turkish Real Estate Credit Bank or other institutions providing housing loans.

According to this law, the annotation “Subject to Law No. 775” is placed on the land registry of the allocated properties. The meaning of this annotation is that the property cannot be transferred or assigned in any way for 10 years from the allocation date, and no rights, including limited real rights, can be established on the property. When encountering these encumbrances on real estate in title search in Turkey it should be noted.

• ANNOTATIONS ON MANAGEMENT PLAN AND MANAGEMENT PLAN AMENDMENTS

The management plan outlines the management style, intended use and form of the property, the fees that will be charged by the manager and inspector, and other aspects of management. These annotations on property do not legally prevent the sale of the property and do not negatively impact the saleability of the property. This kind of encumbrances on real estate is common annotations seen in property record search in Turkey.

• URBAN TRANSFORMATION / RESERVE AREA ANNOTATION

According to the Regulation on the Implementation of Law No. 6306 on the Transformation of Areas under Disaster Risk, areas identified by the Ministry with the approval of the Ministry of Finance, either at the request of TOKİ or the relevant authorities, or ex officio, are designated as new settlement areas. Due to the possibility of expropriation, it is important to conduct research before purchasing a property in these areas.

• RISKY BUILDING ANNOTATION

This refers to buildings identified by the Ministry, TOKİ, or the relevant authorities that carry a risk to life and property safety due to the ground structure or the building itself. The transformation of these buildings is carried out under Law No. 6306. A property with a risky building annotation may be subject to a demolition order.

• PARKING ANNOTATION

Indicates the existence of a parking lot belonging to the property. These annotations on property does not legally prevent the sale of the property and does not negatively impact the saleability of the property.

• JOINTLY OWNED AREAS

Refers to the allocation of jointly used areas such as social facilities, commercial spaces, swimming pools, tennis courts, and heating centers. This kind of encumbrances on real estate does not legally prevent the sale of the property and does not negatively impact the saleability of the property.

• RENTAL AND EASEMENT RIGHTS GRANTED IN FAVOR OF STATE-OWNED UTILITY COMPANIES

Rental and easement rights established in favor of state-owned utility companies such as TEDAŞ, BEDAŞ, TEK, AYEDAŞ, İSKİ, İETT, İGDAŞ, etc. are generally put in place to ensure the performance of public services provided by these organizations. These annotations on property are not legally prohibitive of the sale of the property.

• RESOURCE RIGHT

A resource right on a resource located on someone else’s land gives the owner of the right only the right to use that resource. The presence of a resource right deed restrictions do not diminish the marketability of the property.

• MILITARY PROHIBITION – MILITARY SECURITY ZONE

These annotations on property are established in order to ensure the security and confidentiality of the boundaries of military facilities and zones that are of vital importance to national defense, and are graded according to the importance of the region.

While these annotations on property do not legally prohibit the sale of property, the one-sided administrative disposal, expropriation, and even demolition of the property without payment is possible. Furthermore, because various restrictions (such as prohibitions/limitations on construction, excavation, and renovation works, sale to foreign nationals or entities) can be imposed on the use of these properties, such annotations can weaken the value of the property. When encountering these encumbrances on a real estate in property search in Turkey it should be noted.

• CANNOT BE SOLD FOR 3 YEARS DUE TO TURKISH CITIZENSHIP ACQUISITION DECLARATION

The annotation “Cannot be sold for 3 years due to citizenship acquisition” indicates that the property has been acquired for the purpose of obtaining Turkish citizenship through investment. This annotation reflects that the property was acquired by a foreign investor for the purpose of citizenship acquisition under Law No. 5901 on Turkish Citizenship, and will be used for residence permit procedures. The transfer of the property to third parties is restricted in the land registry for 3 years from the acquisition date. After the 3-year period, the annotation will automatically become null and void.

• ANNOTATIONS UNDER THE LAW ON THE PROTECTION OF CULTURAL AND NATURAL HERITAGE

“Cultural Heritage”: These are all movable and immovable assets, found above ground, underground, or underwater, related to science, culture, religion, and fine arts from prehistory and historical periods. They have scientific and cultural values, and were subjects of social life in ancient times.

“Natural Heritage”: These are values found above ground, underground, or underwater, which belong to geological or prehistoric and historical periods. They are rare and need protection due to their unique features and beauty.

“Site Area”: These are areas that reflect the social, economic, architectural, and similar characteristics of the civilizations from prehistory to the present day, and include cities and urban remnants. They are areas where cultural heritage is densely located or where significant historical events occurred. They also include areas with notable natural features that require protection.

“Protection Area”: These are areas where immovable cultural and natural heritage is preserved or are required to be protected in historical environments.

Properties subject to these annotations may be subject to expropriation.

• SEIZURE OF PUBLIC RECEIVABLES

Pursuant to Article 73 of the Law No. 6183 on the Procedure for the Collection of Public Receivables, if the seizure is imposed due to a public receivable or tax debt, the immovable property cannot be transferred or any real right established on it unless the existing seizure annotation is removed from the land registry. These transactions can only be carried out with the consent of the relevant authority that imposed the seizure.

A property that is subject to public lien (e.g., VAT debt, income tax debt, social security premium debt, etc.) cannot be sold by the property owner to third parties without the consent of the public authorities.

• PRECAUTIONARY MEASURE / INTERIM INJUNCTION

If there is a precautionary measure (tedbir) annotated in the land registry and the owner’s right to dispose of the property is restricted, selling the property is legally not possible. For example, during a divorce case in Turkey, an interim injunction may be imposed to prevent the sale of the property during the litigation process.

On the other hand, precautionary or interim injunction annotations that do not restrict the owner’s right to dispose of the property are not a legal obstacle to sale. However, since they create a legal dispute over who will have priority over the ownership or value of the property, selling the property without removing the annotation is risky. For instance, an interim injunction placed for accumulated alimony payments may not prevent the sale, but will still be binding on the buyer.

• MORTGAGE

A mortgage is a notation indicating previously established mortgages on real estate. The registration of the mortgage in the land registry, as well as its release from the registry, is the responsibility of the creator, and it cannot be said that the mortgage that has not been removed from the registry has ended. Priority of disposal in a mortgaged property belongs to the mortgage holder, and acquiring a mortgaged property is risky.

• LEASE ANNOTATION

A lease annotation refers to the registration of a lease agreement, made between the property owner and the tenant, in the annotations column of the land registry (Article 1009 of the Turkish Civil Code). When a lease annotation exists in the land registry, the tenant cannot be evicted if the leased property is sold. Therefore, the lease annotation must be taken into account when purchasing a property.

However, if the tenant has previously provided a written undertaking to vacate, the owner may request eviction of tenant despite the lease annotation.

When a lease agreement is registered in the land registry, the new owner is bound by the annotated lease contract in case of a change in ownership. As a result, the new owner cannot unilaterally increase the rent in violation of the contract. The rent increase rate must be applied as stipulated in the lease agreement registered in the land registry.

• FINANCIAL LEASING ANNOTATION

This is a type of contract in which the possession of an asset—procured from a third party upon the lessee’s request—is transferred to the lessee for a specified period. By registering a financial leasing annotation in the land registry, the lessor’s rights are legally protected.

• RIGHT OF REDEMPTION 

The right of redemption allows a seller to reserve the right to repurchase a property from the buyer under the same conditions as the original sale.

This right, granted to the seller (the beneficiary), enables them to reacquire the sold property through a unilateral declaration, provided it is exercised within a specified period and the agreed repurchase price is paid. It is considered a constitutive right under Article 736 of the Turkish Civil Code. If the current owner refuses to transfer the property, the beneficiary may file a lawsuit requesting cancellation of the title and re-registration in their name.

This right cannot be annotated in the land registry for more than 10 years. However, land registry offices do not always automatically remove expired annotations. If more than 10 years have passed since the annotation was registered, the annotation should be removed before any sale.

A property with an annotated right of redemption can still be sold or mortgaged by the new owner. Regardless of how many times the property changes hands, if the beneficiary exercises their right, the property must be returned. In such a case, any mortgages or encumbrances recorded after the annotation are also canceled, and the property is re-registered in the name of the original seller.

• RIGHT OF PRE-EMPTION

The right of pre-emption  grants a beneficiary, through a contract made between the parties, priority to purchase a property if the owner decides to sell it, within the time period specified in the agreement. This right is governed by Article 735 of the Turkish Civil Code.

If the owner sells the property to a third party despite this agreement, and the buyer accepts the legal consequences of the annotation, the beneficiary may exercise their pre-emption right. The beneficiary must initiate the process within 3 months of learning about the sale, and within 2 years from the date of the sale at the latest, in order to acquire ownership of the property.

This legal mechanism ensures that the beneficiary has the opportunity to match the sale terms and purchase the property before or instead of the third party.

• RIGHT OF PURCHASE 

The right of purchase is a unilateral, formative right granted to a beneficiary, allowing them to acquire ownership of a real estate property by making a unilateral declaration within a specified period. This right is regulated under Article 213 of the Turkish Code of Obligations and Article 736 of the Civil Code.

The beneficiary may exercise this right by notifying the owner within the agreed period and paying the predetermined purchase price. If the owner refuses to transfer the title, the beneficiary may file a lawsuit to demand immediate cancellation and re-registration of the title in their name.

The right of purchase must be drawn up by a notary and becomes enforceable against third parties only if registered as an annotation in the land registry.

This right does not prevent the property from being transferred or encumbered with other real or personal rights. Nor does it require the beneficiary’s consent for such transactions. A property subject to other restrictive annotations can still be subject to the right of purchase.

The right of purchase terminates either upon its exercise or upon the beneficiary’s request. In any case, it automatically expires 10 years from the date of registration in the land registry.

• SEIZURE/PROVISIONAL SEIZURE

Provisional seizure is a lien that grants priority to the creditors to obtain their debt from the proceeds of the sale of the immovable property. This lien does not legally prevent the sale. However, since the right to obtain the debt from the sale proceeds belongs to the seizure creditor, the marketability of the property is low.

It is not advisable to sell the property with these annotations on property without removing the lien. It is important to examine seizures in title search in Turkey.

• BANKRUPTCY LIEN

Bankruptcy is a compulsory execution method that ensures the satisfaction of all known creditors by converting all seizureable assets of a debtor (bankrupt) into cash through compulsory execution. With the opening of bankruptcy, all seizureable assets of the debtor become part of the bankruptcy estate.

Although the debtor’s property rights continue on the assets that are included in the estate, the authority to dispose of these assets is eliminated with the bankruptcy decision. Therefore, the debtor cannot dispose of movable and immovable properties by sale, exchange, donation, or restrict them with mortgage rights or other encumbrances.

Although the bankruptcy announcement is recorded in the land registry, it is not legally possible to purchase an immovable property on which a measure related to bankruptcy has been taken since the property owner cannot dispose of the property.

• CONCORDAT ENDORSEMENT

Concordat is a legal restructuring method initiated by a debtor who is unable to pay their debts, whereby they reach an agreement with their creditors under court supervision. A debtor wishing to benefit from the provisions of the Execution and Bankruptcy Law regarding concordat must apply to the enforcement court and submit a concordat project prepared within the scope of the company’s operations.

The grace period granted by the court as part of the concordat process is annotated in the land registry by the land registry office, including the date and journal number.

If a property is annotated with a concordat record in the land registry, the owner cannot transfer the property or establish rights on it. From the moment the court grants the grace period, the debtor cannot:

• Establish mortgages
• Act as a guarantor
• Partially or fully transfer or encumber immovable properties
• Dispose of essential business assets
• Carry out gratuitous dispositions

without court approval.

Any actions taken in violation of these restrictions are deemed invalid.

Accordingly, the sale of a property under a concordat annotation is legally impossible unless authorized by the court, due to the legal safeguards established during the restructuring process.

• ANNOTATION OF UNLICENSED OR UNAUTHORIZED CONSTRUCTION UNDER THE ZONING LAW 

If a property is annotated with a note indicating the existence of a building in violation of the Zoning Law (Articles 32 and 34)—such as starting construction without a permit or building contrary to the license and its annexes—this does not legally prevent the sale of the property.

However, a building constructed without a license or in violation of the license may be demolished by the Municipality or Governorship following a decision by the Municipal Committee or Provincial Administrative Board.

In such cases, the costs of demolition will be collected from the owner of the building.

• PARTIAL DEMOLITION DECISION

This decision is made by the municipality or governorship in cases where construction without a permit or construction in violation of the permit is identified and the construction is sealed and stopped. As a result of the process, the parts of the building in violation of the permit will be demolished. Properties with partial demolition annotations should not be purchased.

• PARTITION ACTION SALE ANNOTATION 

This refers to the registration of the new ownership status after a property is sold at auction following a joint ownership dissolution lawsuit. The sale is carried out through a court decision. A property with an annotation of partition action sale cannot be purchased.

• ANNOTATIONS RELATED TO LEGAL CAPACITY RESTRICTIONS 

These are court decisions that impose restrictions on the owner’s legal capacity. During the property transaction, it is important to verify whether the representative’s authority is valid and if the guardianship authority’s permission is required.

• IPKA (REMAINING LAND SHARE) 

In the case of fractional property transfer, the ownership share that remains with the owner and has not been transferred. This situation is indicated with the “ipka” annotation in the property register. It is crucial to conduct a property registry search in Turkey before purchasing a property with this annotation.

• RIGHT OF HABITATION

There is no legal obstacle to the sale of a property with a right of habitation notation recorded in the land registry. However, just like usufruct, the right of habitation is terminated either by cancellation from the land registry (at the request of the right holder for the removal of the right from the land registry) or by the death of the right holder.

Therefore, whoever inherits the property subject to the right of habitation is deemed to have accepted the existence and consequences of this right. When encountering these encumbrances on real estate in title search it should be noted.

• FIXTURES

The Civil Code, which came into effect in 1926, states that the person who owns the land also owns the things on it, except for exceptional cases specified. The term “fixtures” refers to structures, trees, and similar assets that belong to someone other than the owner of the real estate that is the subject of the property ownership. This right mentioned here only applies to the fixture or the thing that was erected on it. It does not grant any direct rights to the land it is located on.

According to Articles 722 and following of the Civil Code, if the value of the structure on it is greater than the value of the land and certain conditions such as good faith are met, the transfer of ownership may be demanded; otherwise, the value of the fixture must be paid.

According to Article 19/2 of the Land Registry Law No. 3402, if fixtures (buildings, trees, etc.) belonging to someone else are found on the property during cadastral survey, they are shown in the declaration section of the land registry. When dealing with such a property, it is subject to the existence of this type of annotation, and abandoning the registration in the declarations can only be achieved through the request of the right holder or a court decision.

If the right holders who have a fixture registration in their favor do not agree to abandon it, the abandonment of the fixture will be made by court decision.

As movable property, things that are erected (plants that are not suitable for permanent stay or are the product of a certain period of time due to their characteristics) do not become part of the property on which they are located. Therefore, they remain the property of the previous owner before planting, and they can be purchased separately from the land on which they are located.

• RESTRICTION ANNOTATION UNDER THE LAW ON SETTLEMENTS No. 5543

The Law on Settlements No. 5543 regulates the settlement of immigrants, nomads, those whose lands have been expropriated, and settlement works related to the regulation of physical settlement in villages, as well as the conditions and measures to be taken, and the rights and obligations of those who are settled.

According to the law, the governor and district governors are authorized to transfer immovable properties granted under this law. In accordance with the aforementioned law, immovable properties granted cannot be sold, donated, encumbered, or subject to a promise of sale annotation in the land registry, or seized, in any way, before the full amount of the debt is paid from the transfer date. Such properties will be registered in the declaration section of the land registry accordingly.

The transfer and establishment of any property right on these immovable properties cannot be made until the annotation in the land registry is removed. After the fifth year from the transfer date, the statement made in the land registry will be removed for those who have paid the full amount of the debt, and the property will be free of this restriction annotation.

• LAW NO. 3402 ON CADASTRE, ARTICLES 22/1 AND 22/1-A

According to Article 22 of the Cadastre Law, two separate situations can be mentioned:

Declaration made based on Article 22/1 of the Cadastre Law and declaration made based on Article 22/1-(a) of the Cadastre Law.

When encountering these encumbrances on real estate in title search in Turkey, it should be noted. Although there is no legally impediment to the sale in both cases, it is necessary not to confuse the results of the declarations with each other.

According to Article 22 titled “Places Previously Subjected to Cadastre” of the Cadastre Law;

“Places that have previously been subject to identification, registration, or limitation by means of cadastre or land registry cannot be subjected to a new cadastre. If such places are subjected to a second cadastre, the second cadastre will be deemed null and void in all its consequences, and the procedure will be carried out in accordance with Article 1026 of the Turkish Civil Code. If no lawsuit is filed within the prescribed period, the second cadastre will be cancelled ex officio by the land registry directorate. However;

1. In places where technical deficiencies arise from limitation, measurement, drawing, and calculation related to land registry, cadastre, or modification operations, which have lost their implementation status, have become inadequate for technical reasons, are found to be incomplete, or are found to show the boundaries on the ground inaccurately, cadastre maps are reorganized for the purpose of correcting them, and necessary corrections are made in the land registry in places where land registry and cadastre have been carried out,
2. In places where only land survey has been previously conducted or where renewal will be made in accordance with Law No. 2859 on Renewal of Land Registry and Cadastre Sheets, and in places subject to the provisions of Law No. 2981 on Implementation of Illegal Buildings and Settlements, and the Amendment of One Article of Law No. 6785 on Zoning,

The first paragraph shall not apply.

In accordance with this regulation, the annotations and explanations related to the annotations entered in the land registry are as follows.

a- Article 22/1 of the Cadastre Law;

If there is a reference on the title deed of the property according to the 1st paragraph of the 22nd article, this reference indicates that the property is subject to the second cadastre, and as a result, it will be concluded that the title deed of the property was formed by an illegal registration.

In the case of places where the second cadastre has been carried out and it is determined that there are (or seem to be) places belonging to different owners, the parties concerned are notified according to Article 1026 of the Turkish Civil Code, and they are given 30 days to file a lawsuit. If no lawsuit is filed within this period, the second cadastre is cancelled ex officio by the land registry office. Therefore, if this annotation exists on the property, it is not suitable for sale.

b- Article 22/1-(a) of the Cadastre Law;

(Due to a misreading of the law’s systematics, this provision is also seen in the land registry records as a record of 22/2 or 22/2-a.)

It is stated that the arrangement in Article 22/1-(a) of the Cadastre Law is an exception to the application described in the previous paragraph (in Article 22/1), and therefore, it is not subject to the application explained above.

The Cadastre Directorate states that in areas where cadastre has been carried out in accordance with clause (a), a new cadastre is carried out with the condition that there is no change in ownership, and therefore, the results and reports related to cadastre are announced by hanging without sending notifications to the concerned parties.

In the process of re-cadastre carried out in accordance with clause 22/1-(a) of the law, there is a possibility of decrease, shift, or other changes in the current plot. The reports announced by hanging have a 30-day period to file a lawsuit after the announcement period.

It is appropriate to determine in writing or verbally from the Cadastre that the immovable property to be mortgaged is not covered by Article 22/1 of the Cadastre Law (the letter should include information that the property in question is not subject to the first paragraph of Article 22 of the Cadastre Law and will not create a change in ownership, and that the cadastre work was carried out only for the purpose of technical re-cadastre).

If the cadastre work is carried out in accordance with Article 22/1-(a) of the Cadastre Law, it is appropriate to wait for the 30-day period for filing a lawsuit after the reports are announced by hanging and for the cadastre process to become final.

If the immovable property is among the areas subject to Article 22/1-(a) of the Cadastre Law, where only technical re-cadastre is carried out without any change in ownership, it is appropriate to wait for the cadastre process to be completed and for the announcement and lawsuit period to expire.

• 3194 ZONING LAW (ZONING IMPLEMENTATION – ARTICLE 18) ANNOTATION

In the immovable properties subject to zoning procedures as a result of parceling operations, registration processes are carried out according to the new parceling plans created by the application. Such annotations indicate the immovable properties subject to the parceling arrangement. Before purchasing an immovable property with this annotation on the title deed, it is crucial to examine the zoning plan.

• DISCREPANCY BETWEEN THE ARCHITECTURAL PROJECT FOR THE FLOOR RIGHTS AND ACTUAL SITUATION

This refers to the situation where an immovable property, appearing to have floor rights on the title deed, does not align with the architectural project in terms of actual usage. This discrepancy must be rectified before transitioning to condominium ownership.

• SHAREHOLDER STATUS IN THE GROUND

As a result of a zoning plan change that increases the area of the parcel, external shareholders are added to the newly added land portion. These shareholders are only shareholders of the ground, and the condominium ownership of the structures on the property remains unchanged. The status of the ground should be investigated before purchasing the immovable property.

• DECLARATION OF LAND USE CHANGE

This refers to the process of changing the type (or “class”) of a property. For example, changing land from agricultural to residential, converting an undeveloped property to one with buildings, or transitioning from floor rights to condominium ownership. Land use changes are carried out through technical processes in the title deed and cadastral maps. It does not prevent the sale of the immovable property and is an explanatory statement.

• ENDORSEMENT OF CONSTRUCTION CONTRACT FOR FLOOR EQUITY

With the floor equity construction contract endorsed on the title deed, the owner of the immovable property promises to transfer a certain share of the immovable property or certain independent sections of the building to the contractor in exchange for the parts that will remain from the construction. The authority to regulate the floor equity construction rights agreement belongs to notaries.

As for the landowner, they are obliged to:

• Pay the fee (this debt does not arise in all cases),
• Deliver the land,
• Transfer the designated land shares specified in the contract.

If the parties fail to fulfill their obligations in accordance with the contract, or due to legal or actual impossibility of performing the obligations stated in the contract, or if the subject matter of the contract is actually destroyed, the contract may be terminated.

Termination of the contract may also have a retroactive effect. That is, if either party requests the termination of the contract due to non-performance of mutual obligations in accordance with the contract, and if this request is accepted, the ownership and limited real rights of the persons who acquire the immovable property from the place subject to the contract may also end.

• ARTICLE 41 OF THE CADASTRAL LAW NO. 3402 AND THE ENTRY OF A NOTE INTO THE TITLE DEED

Article 41 of the Cadastre Law states:

“Errors arising from measurements, boundary determinations, mapping, and calculations on properties whose geometric situations have been finalized during or after the cadastre process shall be corrected upon the application of the interested party or ex officio by the cadastre office. The correction shall be notified to the property owners and other rights holders. If no lawsuit is filed within thirty days from the date of notification to the competent court of civil law for the cancellation of the correction, the correction becomes final.

For properties whose status has been finalized during or after the cadastre process, changes arising from discrepancies in the area measurements during modification procedures, and those within the error limits specified in the technical rules of the cadastre, shall be corrected ex officio by the cadastre offices.”

In cases where this note is seen on the title deed, it means that changes were made to the measurements and boundary calculations of the property in question. Interested parties must file a lawsuit within 30 days from the notification of the change. If no lawsuit is filed, the modification becomes final.

If the correction/adjustment has not yet become final, since the action could be the subject of a lawsuit, it is important to compare the property before and after the changes, including size, boundaries, etc. It should also be evaluated whether the guarantee value of the property is affected by the changes, and a careful assessment should be made before proceeding with the sale.

• ESTATE LAWSUIT NOTE

The “Estate lawsuit has been filed” note indicates that a lawsuit has been filed by one of the heirs or interested parties in order to determine and protect the deceased’s (decedent’s) assets. This note implies that no transaction can be made on the property until the estate determination process is completed. During this period, the property cannot be transferred, sold, or otherwise dealt with legall

• PRIVATE FOREST

A place that has been enclosed within the boundaries of a forest through forest cadastre can be registered in the land registry without taking into account that it is a forest during the general land cadastre.

However, this does not eliminate the fact that the area is a forest. The Forest Administration can initiate legal proceedings to cancel the registration if it becomes aware of this situation.

Forests are registered in the land registry on behalf of the Treasury of the Ministry of Finance and cannot be owned by individuals. Therefore, if the administration initiates legal proceedings after becoming aware of the situation, the cancellation of the registration and consequently the cancellation of our mortgage will be possible.

• “REAL CAPITAL” ANNOTATION UNDER TURKISH COMMERCIAL CODE ARTICLE 128

According to Article 128 of the Turkish Commercial Code, the owner of real estate can pledge it as capital or debt capital in favor of a company established in Turkey. This fact is also annotated in the land registry under Turkish Commercial Law. These annotations on property do not constitute an obstacle for sale.

• TAX RELATIONSHIP TERMINATED NOTE

The “tax relationship has been terminated for the transfer process” declaration in the land registry indicates that, during the process of probate in Turkey, the heirs have completed the necessary inheritance and transfer tax procedures, and there is no remaining tax debt related to the property with the relevant tax office. This statement signifies that the financial obligations related to the inheritance process have been concluded, and there is no tax-related obstacle to the property transfer.

THE IMPORTANCE OF A LAND REGISTRY LAWYER IN TURKEY FOR THE PROCESS OF PROPERTY SEARCH IN TURKEY

Annotations and declarations in the property records in Turkey provide critical information about the legal status of the property, playing a crucial role for both the owner and the buyer. These records include ownership rights, usage conditions, rights granted to third parties, and legal restrictions on the property. Therefore, accurately land registry review in Turkey is essential to prevent potential legal and financial risks during real estate transactions.

Seeking legal support from an expert title deed lawyer in Turkey for a detailed analysis of these annotations and declarations helps determine the real value of the property and ensures a legally secure purchase process.

a) Accurate Understanding of Legal Nature of Deed Restriction in Turkey

The legal significance of annotations in land registry records and their impact on the property require expertise. A land registry lawyer in Turkey thoroughly examines these records to:

• Determine whether an annotation can be removed,
• Assess the legal consequences of restrictions for the buyer,
• Evaluate whether the sale is possible and under what conditions.

This ensures that both the buyer and seller are informed of how these annotations might affect the transaction, enabling them to make well-informed decisions.

b) Determining the True Value of the Property

The annotations and declarations on a property can directly affect its market value. For example, a property with a zoning annotation may have undergone changes in its land area or may face the risk of expropriation in the future. A property with a mortgage or lien may have a lower value compared to a property with a clean title. A land registry lawyer in Turkey evaluates these factors, guiding the buyer toward a secure investment.

c) Prevention of Potential Legal Issues

Certain annotations and declarations may lead to legal disputes in the future, such as:

• Pre-emption rights holders suing after the sale,
• Municipalities or public institutions imposing usage restrictions,
• Disputes arising from condominium or joint ownership.

A title deed lawyer in Turkey identifies such risks beforehand, ensuring that necessary legal precautions are taken before completing the sale.

d) Expediting Official Procedures

Removing deed restriction from the property record in Turkey may require court decisions or approvals from relevant authorities. A lawyer facilitates this process by:

• Preparing the necessary legal documents,
• Managing communications with official bodies,
• Filing lawsuits if needed to remove annotations.

This expedites and streamlines land registry transactions.

Reviewing annotations and declarations in the land registry and conducting a thorough property search in Turkey are essential for investment security when purchasing real estate. Without proper analysis of these records, buyers may end up with properties that have restricted ownership rights or legal and financial risks.

Although land registry investigations in Turkey may require additional time and costs, they provide significant advantages in terms of legal security and risk prevention. Therefore, working with a land registry lawyer in Turkey during real estate transactions involving annotations or declarations is the most effective way to ensure a well-informed and secure investment.