I have come across a Web site giving advice to overseas investors interested in buying property in Turkey. The information in the Web site is generously shared with the public. This could have been a very nice thing if the information on the Web site was correct. The information in the Web site is not only incorrect but very dangerously so. The Web site relates to property investments, and has a section guiding investors on how to check on the ownership of the target property. Please read the following paragraph after reading this notice; the information in the following paragraph is wrong: “The ownership of a property in Turkey can be checked through the deed (tapu) of the property. This is an official document with the description of the property and ownership of the property. When buying a property, you should ask for this deed and check if the name on the deed is the person selling the property to you. The deed also includes detailed information about the property. If the seller is providing you a Xerox copy of the deed, then you should ask for a notarized copy of the deed, as otherwise it would be invalid.”OH MY GOD! This is completely stupid, wrong and useless information. Using this information and relying on the title deed or its Xerox copy to check the ownership of a property could end up a financial and legal disaster.
I shall give you a short outline of what happens when you are buying a property in Turkey and a title deed (tapu) is given. I'll also tell you what happens to the title deed certificate -- tapu -- when you sell the property.
When you go to the land registry office to buy a property, you will be required to bring pictures of yourself with you. The purpose is to attach a picture of the buyer on the new title deed and the registry of the land registry office for verification purposes. After the purchase of the property, the land registry officer obtains the signatures of both the seller and buyer and concludes the transaction. Following this, the buyer receives a title deed with his picture attached to it. But what happened to the former title deed of the seller? Nothing! It is only cancelled automatically and never returned to the land registry for shredding or something. It is still in the possession of the seller as a memento of his past ownership. What happens to the new title deed and the new owner? He has his own title deed in his name for the same property. The result? It is as simple as one plus one equals two: There are two title deeds for the same property in different names. Which one is valid? Of course, the one with the latest date. But how can you know this unless you see both title deeds on the desk?
Solution: you can only check the ownership of a property with land registry records, and I would highly recommend that you do this with your lawyer.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
