How to Get a Real Estate Possession Title in Turkey

How to Get a Real Estate Possession Title in Turkey

The possession title of real estate in Turkey is one of the official papers known in the Turkish real estate market. It is useful in establishing the ownership of the property after it is transferred from one owner to another, and the legal rights and powers that the owner of the property enjoys to dispose of his new property.


How to get a real estate possession title in Turkey?

The real estate possession title is an official paper issued by a certain official authority, it includes some information about the property and has legal force that benefits the property owner to dispose of his property freely, and this is what we will talk about in details.
• Real estate possession title is an identification document that includes information about the property and the owner of the property and is issued by the possession title department in Turkey in the relevant state.
• The owner gets it after signing the sales contract, which has the legal capacity to resolve disputes before Turkish courts and is binding on all contracting parties on its content.
• The possession title of the property gives the holder the legal right to dispose of the real estate, as it is considered a special legal document for him. As for the tenant or the mortgagee, this identification document is not given the possession title of the property.
• In case that more than one party shares ownership of the property, this does not mean that each party is issued a possession title for his/her share in the property, but there would be one possession title for the property in which the owners’ shares are mentioned in details, including their names and data.
• In the case of multiple owners of the property, everyone has the right to use the facilities of this property. There is no allocation of uses for the property according to the share in the ownership of the property, and we find this situation often in the houses of heirs.
• The Turkish government has previously determined the fees for getting all official papers circulating in the country, including the title deed of the property, where it imposed the fees for extracting the possession title of the property in the form of a percentage, estimated at 4% of the property price, to be paid equally between the seller and buyer of the property, and in the case of an intermediary between the seller and buyer, his/her percentage must be determined so that all things are clear, and it is called the real estate broker’s commission.
• The possession title includes in all its colors and types the following information about the property:
1. Information about the location of the property in terms of the state, area and specifications of the property.
2. A personal photo of the person who owns the property.
3. Personal information about the property owner.
4. Information on cadastral survey numbers.
5. Information about the type of property: apartment, shop, land....


Types of real estate possession title in Turkey:

The type of possession title varies depending on the nature of the property and the purpose for which it is used, as we will see:


Red possession title "Tabu":

It is the official paper that regulates the ownership of residential and commercial real estate exclusively, and some sub-types of possession title fall under it.



First: the possession title of lands suitable for construction:

These are the lands that the state has allocated for the construction of housing projects on them based on the pre-prepared executive plans, as these lands must not be used for agricultural purposes at all, often, these lands which suitable for construction are within the area allocated by the state in order to construct real estate housing projects.
All this information is mentioned in the official possession title issued by the Possession Title Department in Turkey.


Second: the building possession title:

This type of possession title includes general and basic information about the property, as it is a single and indivisible unit. The property should not be divided into separate sections, each of which has a special possession title.


Third: The possession title of the real estate easement:

When the executive plans of residential projects are drawn up on specific lands, that are divided into several residential blocks in the form of buildings consisting of apartments, the real estate easement possession title is the document that writes the ownership of each section of the property separately, and includes information about the location and type of the independent section of the property and special information regarding it, without considering whether the construction of the project has been started or not.
The real estate easement possession title also includes the type of land on which the project will be built. Is it land suitable for construction or agricultural land? After the completion of construction and getting housing approval, the property is granted possession title.


Fourth: Real estate possession title:

It is the last stage of the process of issuing a possession title in Turkey, where the ownership of real estate is registered after the final completion of the project and the allocation of the independent sections in it with approval to use each section independently, and for each section a complete possession title is regulated to prove the ownership of the owner of the independent section in the mentioned building.


Blue possession title:

It is the official paper that regulates the ownership of agricultural lands exclusively, as it is strictly forbidden to use these lands for commercial or residential purposes, and we will learn more about the blue possession title in Turkey:


Agricultural Land possession title:

It is called the blue possession title (tabu), and it regulates the ownership of agricultural lands prepared for agricultural activities and relevant activities, such as raising poultry, livestock, and others. In this case, some problems may arise; if the lands are registered in the blue possession title as agricultural, and then these lands were included in the government reconstruction project to establish real estate projects, in this case, the competent authority must be turned to in order for the possession title to be changed from blue to red, and this what the buyer overlooks when receiving the possession title of the property. So, the possession title is a very important paper because it includes all the information related to the property.
Official papers have always been the close contract that guarantees the rights of the transacting parties and regulates all transactions and trades, so it was necessary to know how to get real estate possession title in Turkey for everyone who wants to enter the real estate market, whether for Real Estate Investment or Real estate ownership in Turkey, because of its clarity and evidence of rights and duties.

 

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