Property Deeds

i believe there was a change in the law concerning property deed in august 2004.

apparently if your property is built on 'tourism land' then you will only receive the deed for the land and not the property.

could anyone explain this more fully and what the implications might be to the purchaser.

Today (14 March 2005) the Turkish Supreme Court overturned part of the Turkish law that permits foreigners to buy property in Turkey.

In 2003 Turkish law was changed to facilitate foreigners buying property in Turkey. In particular, Article 19 of the new Land Registry (tapu) Act permitted foreigners to buy in village areas of Turkey rather than simply in the tourist developments on the coast. It also permitted foreign companies to own property in Turkey and foreigners to own more than 30 hectares of land in Turkey. The same law eased the restrictions on foreigners inheriting in Turkey and on the various secondary rights like granting and taking mortgages.

The Supreme Court has overturned that Article, so bringing back the arrangements that existed before it came into force.

The Court has directed that this decision will come into effect in three months time.

The spokesman of the court, Hasim Kilic, added that this does not mean foreigners cannot buy a property in Turkey. He explained that the current legal protections and restrictions are not sufficient. He indicated that the Turkish parliament should pass a new law within this timeframe to remedy the defects in the existing law and clarify the position.

The detailed reasoning of the Supreme Court is not yet available.

COMMENT

Thousands of foreigners, many of them British, have bought property in Turkey over the last year or two. Most of them have bought in purpose-built coastal developments and so are unlikely to be affected too much by this law. Some, however, have bought inland and some have bought large amounts of land for development purposes. Those people and any others who are concerned about their position should seek urgent legal advice.

thanks for the reply, but not sure we are talking about the same thing????

what is the difference between residential and tourism land?

ıf the area is the residental place you can buılt there villas, or apartments according to their building permit. for example if the municipality give the area two floor permit, the construction must obey this. otherwise the municipality gives a demolition order.
ıf the area is a torism land you can only built there hotels or industriel site. you can not built there villas or apartments which you can resident.

thank you for the reply

HELP.Can you please advice us what we should do about our tapu. I am writting on behalf of my son-in-law.
He purchased an off plan villa in yesilkent 2 years ago,we have been on holiday there several times since may last year. on every occasion they have inquired about their tapu and have been told different explainations each time,ie waiting for military clearance etcetra.no one will give him a clear response to their questions,or any indication when their tapu will come through. is there anywhere we can check for the tapu. I believe they have their number at the top of their contract.Is it normal for the tapu to take this long? we are not the only people who have not got the tapus there are about five villas built by the same builder and none of them have yet got their tapus. Does the estate agent whom they bought the villa through not have an legal obligation to get this sorted? he does not seem that concerned now that they have had the monies. Please advice......

Hi, I am currently purchasing a property in Kas, Turkey (10% deposit paid) and about to sign up to contract (to pay a further 20% interim payment) and I have just noticed that the copy of the Tapu states that it is only has KAT IRTIFAKI status. Your website suggests that this is for a property that is not completed and therefore legal ownership has not been granted.

The above property is an apartment and approximately 10 - 15 years old. I believe the other residents that rent or own the property are Turkish. I am purchasing the property for a holiday home and possibly a future home. With this in mind could you please confirm the potential problem of purchasing a property with only KAT IRTIFAKI status and the difference between this and a Kat Mulkiyeti Tapu please?

Thank you in advance