What are the specific features of registering real estate rights in Türkiye?

1) What are the specific legal features of real estate rights registration in your jurisdiction?

In Türkiye, the acquisition and transfer of real estate rights are governed by a registration-based system. Real rights, including ownership, arise only upon registration in the land registry, reflecting the constitutive nature of registration. The system is based on key principles such as causality (a valid legal ground is required), limited publicity (access is granted to persons with a legitimate interest), reliance on the register (protection of good faith third parties), and state liability for registry errors.

2) When does ownership legally arise: upon signing the contract or upon registration?

In Türkiye, ownership of real estate arises only upon registration in the land registry and not upon the signing of a contract. A sales contract creates merely a contractual obligation between the parties, while the transfer of ownership becomes legally effective only after the official registration is completed.

3) Is registration mandatory for the validity of real estate transactions?

Registration is mandatory for the valid transfer of ownership rights in real estate. Without registration, ownership is not transferred and cannot be asserted against third parties. However, the underlying contract remains valid as a binding obligation between the parties, even if the transfer of ownership has not yet been completed.

4) What types of real estate rights must be registered (ownership, lease, easements, mortgages, etc.)?

The rights that must be registered in the land registry include ownership rights, easements such as usufruct and the right of superficies, mortgage rights, real burdens, and condominium ownership. In addition, certain long-term lease rights may be annotated in the registry to ensure their enforceability against third parties.

5) What restrictions apply to foreign nationals when purchasing real estate?

Foreign individuals can buy up to 30 hectares nationwide and up to 10% of the total area of private property in a given district. Purchases in military restricted zones and security zones are strictly prohibited. Citizens of certain countries (determined by the President) are eligible to acquire property. If purchasing vacant land, a development project must be submitted to the relevant ministry for approval within two years.

6) How is priority of rights determined in the registration system?

Priority is determined by the "first in time, first in right" principle based on the exact time of application. Each application is recorded in a daily journal (Yevmiye) with a specific date, hour, and minute. In the event of conflicting rights or claims over the same property, the transaction registered first in the journal takes priority.

7) Is there a unified land or real estate register, and is it publicly accessible?

Yes, Turkiye has a unified, centralized electronic system called TAKBİS (Land Registry and Cadastre Information System). However, it is not entirely public. Under the Turkish Civil Code, third parties must prove a "legitimate interest" to inspect someone else's registry records. Property owners, on the other hand, can freely view their own records online at any time via the e-Devlet (e-Government) or Web Tapu portals.

8) What are the common grounds for refusal or suspension of registration?

Common grounds for refusal include missing mandatory documents (e.g., ID, compulsory earthquake insurance, or a valuation report, which is mandatory for foreigners to acquire real estate in Turkiye), a lack of legal capacity of the parties, an invalid or insufficiently authorized power of attorney, and existing legal restrictions on the property's title (such as court injunctions or foreclosures). For foreign buyers, exceeding the legal area limits or receiving a rejection during military clearance are also common grounds.

Authors: Kaan Gök , Aigerim SABIT BIKMAZ and Esra Dicle BAĞLI