: 2016-05-08 Modified date : 2019-06-19
When investing or buying a property in Turkey, one of the most important things to pay attention to is whether the property’s ownership purchased has moved to the investor or the buyer or not? The ownership document (the title deed) is the proof of transfer of ownership of the property for the investor or the purchaser. There are different categories within the title deed: the complete title deed (Kat Mülkiyeti), the Temporary Deed (Kat irtifakı) and the bond of participation (Devre mülk).
Title Deed: An expression called on a document that regulates a particular property, It proves the ownership of the property concerned for the person mentioned in the document, stating information about the property and the real estate survey numbers, identifying the location of the property in question, This document is organized by the Directorate of Land Registry, and there are several types of property bonds according to the type of the property will be discussed in another article, while we will discuss here the most important ones:
Where only the middle place (Kat irtifakı) is marked in the title deed, which gives the title deed the temporary title deed name rather than complete title deed. This type of real estate bond is defined as the stage that must be passed before obtaining complete title , And the temporary title proves the title of the owner of the bond in the building that will be constructed or will be established on a certain piece of land, which has not yet been completed and is recorded in the records of the Department of Real Estate, stating the location and number of each section of it and those who own it, In the case of completion of the project or construction and then take the approval of the housing department of the municipality (if it’s In accordance with the Turkish Terms and Standards), the temporary bond becomes a title deed.
It is the first place at the far left (Kat Mülkiyeti) where it is marked when the bond is of a complete property category, showing the area of construction, number of parts, the part of the person concerned, the number of this part and on any floor with its specifications. The purchaser shall clearly transfer ownership of the relevant section to the person concerned, a type of lawfully completed real estate bond obtained by the realtors after obtaining the approval of the housing department from the municipality for the approval of the project is according to conditions and standards of Turkish residence, where the owners then will not face legal problems.
It Is the approval granted by the municipality to the buildings that are established according to specific criteria. It proves that the building in question has been established according to the approved construction project. In order to obtain the housing approval, the standards imposed by the state must be complied with, such as the existence of a fire ladder, the emergent cases and the construction of the building resistant to earthquakes, the fire extinguishers in building and others, the task of obtaining the approval of the housing department on the contractor or the contracting company that will establish the project and after obtaining the approval, the housing bonds are to be converted to all buyers to a complete title deed.
Transitional ownership is the ownership right in the property for a certain period of the year. The transitional ownership of the property is determined by a period of 7-10 or 15 days per year, i.e. the purchase of a property in conjunction with the determination of the time use of this property, which is common in private properties for holidays and the like. The owner has all rights of ownership from the sale, lease and waiving his right to other persons.
The title deed shall be given only by the property owner (the rightful owner). The owners of other rights than ownership in the property concerned (such as the lessor) shall not be given the title deed. If the property is owned by more than one person, only one bond shall be given which specifies each right for each person of them, but this does not mean that each one of them gets an independent title deed of the property, but it shows the share of the bond owner in the property, wherein the owner place in the bond, the bond owner’s name with his share shall be written.
The title deed shows the ownership of the person (full or partial) mentioned in the title deed, If the name of one person is mentioned only in the owner's name without mentioning a percentage like 1/3 or 1/5 or other, this means that the property is owned by the person named in the bond only, but if the percentage is mentioned, this means that there is a partner and that the person named in the property owns as much as the percentage mentioned in the bond, and that the partners in one property are partners in all parts of the property, the partner in the property does not have a dedicated part of the property and other partners have other parts All are partners in everything.
Each apartment within a building or villa that has acquired a complete or temporal ownership is considered an independent property in its own right.
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