Title Deed Checks Before Purchasing Property in Turkey

Before finalizing a property purchase in Turkey, checking the title deed (tapu) records is one of the most important steps a buyer can take. The title deed shows the legal owner, the type of ownership, and any annotations, liens, or mortgages registered against the property. This article explains what to check on a Turkish title deed and how these checks are carried out before a purchase.

Last updated: August 2026.

The Turkish Title Deed System

Title to real estate in Turkey is recorded and tracked by the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Müdürlüğü) through the TAKBİS electronic registry system. Ownership is only validly transferred upon registration at the Land Registry Directorate; a private sale agreement alone does not transfer ownership under Turkish law. Because the title deed is the definitive record of ownership and encumbrances, verifying its content before payment is essential.

What to Check on the Title Deed

Ownership Records

The title deed shows the current registered owner or owners. Where a property has multiple owners, it is important to confirm whether the seller has authority to sell the entire property or only a specific share, and whether all co-owners consent to the sale.

Annotations (Şerh)

An annotation (şerh) records a right or restriction affecting the property, such as a pending lawsuit concerning ownership, a pre-emption right (şufa hakkı), a right of first refusal, or a preliminary sale agreement registered by another buyer. A property with an unresolved annotation can carry significant risk for a new buyer.

Liens and Attachments (Haciz)

A lien (haciz) reflects an attachment placed on the property, typically as part of an enforcement or bankruptcy proceeding against the owner. A property under attachment generally cannot be transferred until the attachment is lifted, and purchasing such a property without resolving the underlying debt carries substantial risk.

Mortgages (İpotek)

A mortgage (ipotek) is a security interest registered in favor of a lender, most commonly a bank, securing a loan taken by the current owner. Where a mortgage is registered, the sale is typically structured so that the outstanding loan is settled and the mortgage is released either before or simultaneously with the transfer.

Easements and Other Real Rights (İrtifak Hakları)

Easements (irtifak hakkı), such as a right of way or a usufruct right (intifa hakkı) in favor of a third party, may also be registered on the title deed and can affect the buyer's use of the property.

Construction Status: Kat İrtifakı vs. Kat Mülkiyeti

For apartments and units within a building, it is important to check whether the property has full condominium ownership (kat mülkiyeti), which is established once construction is complete and approved, or only construction servitude (kat irtifakı), which is a preliminary registration made before the building is finished. A property still registered under kat irtifakı may indicate the building has not received its final occupancy permit (iskan).

Steps to Verify a Title Deed

1. Request the current title deed extract from the seller or obtain it directly through the Land Registry Directorate for the district where the property is located.
2. Check the registered owner's identity against the seller's identification documents.
3. Review the encumbrances section of the record for any annotations, liens, or mortgages.
4. Confirm whether the property has full condominium ownership or only construction servitude, and check for an occupancy permit if the building is newly constructed.
5. Cross-check the physical property against the cadastral plan to identify any discrepancies in boundaries or built area.
6. Where a mortgage or lien exists, obtain written confirmation of the payoff amount and the procedure for its release at the time of transfer.
7. Complete the title transfer at the Land Registry Directorate only once the relevant encumbrances have been resolved or a clear arrangement for their resolution is in place.

Who Can Request a Title Deed Check

A title deed inquiry can generally be requested by the property owner, a prospective buyer with the owner's consent, or a legal representative acting under a power of attorney. Buyers who are not present in Turkey often authorize a lawyer to carry out this due diligence and to attend the transfer on their behalf.

Additional Checks Beyond the Title Deed

Beyond the title deed itself, a thorough review typically also includes confirming the property is not located in a military or security zone restricted for foreign buyers, verifying that any building modifications match the approved architectural plans, and checking for unpaid property tax or shared building expense debts (aidat) that may be transferred with the property in certain circumstances.

Frequently Asked Questions

Can I check a title deed without visiting Turkey?

Yes, a legal representative can carry out the title deed inquiry and related checks on the buyer's behalf through a power of attorney.

What happens if a mortgage is found on the property?

The sale can still proceed, but it is typically structured so that the outstanding loan is paid off and the mortgage released as part of the transaction, often at or before the transfer date.

Is an annotation always a serious problem?

Not necessarily, but each annotation should be individually reviewed, since some reflect matters that must be resolved before a safe transfer, while others may be more administrative in nature.

What does it mean if a property only has kat irtifakı?

It generally means the building has not yet received full condominium ownership status, often because construction or occupancy approval has not been finalized.

Can the seller hide liens or mortgages from the buyer?

An independent title deed inquiry at the Land Registry Directorate reveals all registered encumbrances, which is why relying on the seller's representations alone is not advisable.

How current is the information in the title deed check?

The TAKBİS system reflects the registry's current records at the time of inquiry; given that records can change, checking again close to the transfer date is advisable for significant transactions.

Should I use a lawyer for this process?

Given the legal and financial consequences of an undiscovered lien, mortgage, or ownership dispute, many buyers choose to have the title deed and related documentation reviewed by legal counsel before completing a purchase.

Closing Note

This article provides general information on title deed checks in Turkey and does not constitute legal advice. Each property and transaction must be assessed according to its own particular circumstances. For further information, you may contact our office, noting that consultations are held only by prior appointment. Our office provides legal services in the fields of Real Estate and Lease Law and Foreigners' Law.

This content is provided for general informational purposes only and does not constitute legal opinion, advice, or an offer of legal representation. Each transaction must be evaluated according to its own specific circumstances. Messages sent through this website do not create an attorney-client relationship. This website has been prepared solely for informational purposes in accordance with the Union of Turkish Bar Associations' Advertising Ban Regulation.