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Current Turkish Law on foreigners owning property

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Old 30-12-2007, 19:10   #1
Konuk

 
Varsayılan Current Turkish Law on foreigners owning property

I have been offered land (2 dönems) & a house in a village.
There is no Belediye.
I am an English citizen.
Am I correct in saying that the current law says I cannot get a tapu on land outside a belediye area, so I cannot buy this house?
Thanks!
Old 02-01-2008, 16:20   #2
cyprolaw

 
Varsayılan

It is a fact that you cannot own that property because of the change on the Law on Foreigners Owning Property (Date: 29.12.2005 and number: 5444 ).According to the changed 35th article and the first paragraph of that law; Foreigners as real persons can only own properties in the areas which are allocated as houses or workshops in the development plans.As you know , like most of the countries, the direction of the development plans are in the hand of the municipalities.
Old 02-01-2008, 16:56   #3
Av. Bülent Sabri Akpunar

 
Varsayılan

Dear Konuk,

Since the article 87 of the Village Law numbered 442, was repealed, foreigners may now acquire real estate in villages and rural areas.However, as my colleague has indicated, the real estate should be determined and registered as residence or business premises by the implemented development plans or localized development plans.Notably, the reservation of reciprocity and compliance with legal restrictions, such as the upper quantitative limitation of land as 25.000 m2. and military zone bans should be taken into consideration.
Old 02-01-2008, 18:38   #4
Konuk

 
Varsayılan Current Turkish Law on foreigners owning property

Happy New Year everybody!

My father is Turkish, but I am not. Am I considered foreign for the purpose of buying property?. Must I become citizen first, what if my father buys me the property? Are property taxes the same for foreign and for Turks?

Thank you.
Old 03-01-2008, 09:14   #5
cyprolaw

 
Varsayılan

Alıntı:
Yazan Av. Bülent S. Akpunar
Dear Konuk,

Since the article 87 of the Village Law numbered 442, was repealed, foreigners may now acquire real estate in villages and rural areas.However, as my colleague has indicated, the real estate should be determined and registered as residence or business premises by the implemented development plans or localized development plans.Notably, the reservation of reciprocity and compliance with legal restrictions, such as the upper quantitative limitation of land as 25.000 m2. and military zone bans should be taken into consideration.

Dear Akpunar;
After reading your above message, I need to research the 442 nd Village Law-art.:87 again. But as I see,the 87th artical of that law is cancelled and there is no knowledge about it. It is not explained there ,if foreigners can acquire or not real estates from villages.
If there is something I miss, I beg you correct me.
Thanks...
Old 15-01-2008, 20:36   #6
Konuk

 
Varsayılan Bodrum - Military Zone

I bought a flat in Bodrum in 2005.
I received military clearance in September 2007 - But...

The area of Bodrum was made a military zone in October 2007 (before I got the Tapu).

Can I buy the flat by setting up a Turkish Company?
Old 02-03-2008, 11:25   #7
flora

 
Kitap tapu-plan missing work permit

Hello

I'm from belgium and last week I went over to Turkey for buying a house, now runned as a bed&breakfast, which i wanted to run.(the house is in Cappadocia, in a small village which is still a belidye, but the 28th of march it will be decided when is stays like this, or it goes to Urgup). On the tapu it says "avlulu kargir ev and the ada nr. is open. After going to the Belideye we went to Urgup to the Title of deed office and their they said it can not be sold to foreigners, because a plan, i don't know which one is missing.(the belidye said their is still a plan they had to make, which i also can give order to, but if one off the neighbours say no, because it is private initiave the plan can not be made). We also went to a lawyer, but she was talking about , if I remeber well art18a, and she said she can work it out for me more, but that this plan has nothing to do with a sale to foreigners. So can someone tell me more about this?
Another issue is the working permit. Another lawyer said if a company is formed i should not need a working permit to run the bed and breakfast,we also employ a turkish men and we would live also their? Thanks alreaddy.
Old 02-06-2009, 21:33   #8
Konuk

 
Soru

my husband passed away on friday last week.29/05/2009
we jointly own a property (both names on the tapu)in his u.k. will everything is left to me but i am now unsure as to whether the property can be just in my name we do have six children between us but no children together. no one is contesting anything but i wish to know for peace of mind that i would be able to call our home mine until i die thankyou. lynn.
Old 04-06-2009, 12:41   #9
Tiocfaidh

 
Varsayılan

Dear guest,

First, I'd like to extend my condolences for your husband passed away short time ago.

A short expression is needed to be made regarding the Turkish inheritance law first, I suppose.

Estates left from a testator -who's having a spouse and descendants- get shared as the spouse is devolved a 1/4 of the total sum whilst the rest get shared equally by the descendants. In this circumstance, the 3/4 of his assets will get shared only by his children as your children have no rights on his estate.

With a clearer statement in your present case, the half of the house left from your husband(considering that one half already belongs to you) is to be shared between you and his children with the portions I've mentioned above, unless there's a valid will drawn up by your husband with a different purpose.

Hope this helps,

Regards.
Old 10-08-2009, 23:10   #10
Cihangir Karabıyık

 
Varsayılan

Alıntı:
Yazan Konuk
my husband passed away on friday last week.29/05/2009
we jointly own a property (both names on the tapu)in his u.k. will everything is left to me but i am now unsure as to whether the property can be just in my name we do have six children between us but no children together. no one is contesting anything but i wish to know for peace of mind that i would be able to call our home mine until i die thankyou. lynn.

Article 22 of the Turkish Code on International Private Law and Procedure Law states that "Inheritance is subject to the national law of the deceased. Turkish law shall be applied to real estates in Turkey."

Therefore your late husband's will is subject to Turkish law only with regards to your property in Turkey. This is why your husband could not inherit all of his share of the house to you. Turkish inheritance law entitles the children of the deceased a legal share right, and even if the deceased exempts his children from any share, they still inherit the portions explained in the above post by Tiocfaidh.
Old 26-09-2009, 01:09   #11
Konuk

 
Varsayılan

I am buying a holiday home in turkey, and have been told :-

"there is a restrictive pledge annotation on the real estate for archeologically protected site"

Before I complete I need to find out if this is the case. Where do I go to get this information.
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