Real estate documents show a foreign investor's most tangible asset in Türkiye. Leaving out one annotation reveals only afterwards that the property purchased is in a legal position very different from the one expected.
Title deed record
The owner, the share, the type of property and the surface area appear in the record. These fields are the identity of the property. None of them is interpreted when it is carried over.
Block and parcel
A property is uniquely identified by its block (ada) number and parcel (parsel) number. The numbers are carried over digit by digit. An error in one digit points to a different property.
The property type field
Types such as plot, field, building or independent unit have different legal consequences. The names of the types are given with their equivalents in the legislation. No free translation is made.
Annotations
Annotations such as an easement, a right of pre-emption (şufa) and a promise to sell bind the property. Each annotation has a date and a journal number (yevmiye numarası). If an annotation is skipped, the property appears unencumbered.
The declarations section
The building registration certificate, construction servitude (kat irtifakı) and similar information appear in the declarations column. This section is different from an annotation. The two are carried over under separate headings.
Pledge and mortgage
The amount of the mortgage, its rank and its beneficiary appear in the record. The order of rank determines priority in collection. The information on rank is kept.
Attachment entries
The attachments on the property are written together with the creditor and the file number. These entries may prevent a sale. They are carried over in full.
Condominium ownership documents
The management plan and the list of independent units are separate documents. The independent unit numbers match the design. The matching is kept.
Zoning status
The building conditions and the building coverage and floor area ratios are written in the document. The ratio values are carried over exactly. No rounding is done.
Building registration certificate
The certificate obtained for buildings without a permit shows that the building has been put on record. The note that it does not take the place of a permit is important. This distinction is kept in translation.
Acquisition by foreigners
Special rules apply to foreign natural and legal persons. A military forbidden zone check may be required. The letter on the check goes into the file.
Promise to sell contract
This contract, which is drawn up at a notary office, may be annotated in the title deed registry. The period of the annotation is limited and is written in the document. The information on the period is highlighted.
Lease contracts
The term, the rent, the rate of increase and the conditions for eviction are regulated. Which indicator the rate of increase is tied to is stated. The name of the indicator is not translated.
Lease annotation
A lease contract may be annotated in the title deed registry and may then be asserted against a new owner. The existence of the annotation appears in the record. This information affects the valuation.
Valuation reports
Valuation reports are submitted with information on the method and the date. Market value and the cost approach give different results. The names of the methods are kept.
Taxes and duties
Duties and taxes are calculated in transfer transactions. The calculation rests on the declared value.
Translating the management plan
In buildings with many owners the management plan binds all the owners. The article numbers are kept. The plan may carry restrictions on letting and use.
Legal due diligence
Before a purchase the title deed records are examined retrospectively. Past transfers and annotations are traced. This due diligence report is a separate document.