Last updated: 19 July 2026
What Should Be Checked Before a Title Deed Transfer?
A title deed transfer changes the registered ownership of immovable property through a sale, gift, exchange or another legally recognised transaction. In an ordinary sale, the buyer and seller should not focus only on the appointment date and identity documents. The registered owner, share ratio, parcel and independent-section information, mortgages, attachments, injunctions, usufruct rights, family-home issues, zoning status and actual possession should be checked before the purchase price is released.
People seeking an Antalya lawyer or a Serik lawyer should request a current land-registry record rather than relying only on an old title deed certificate or a property advertisement. The official register may contain restrictions or rights that continue after the sale or prevent the transaction from being completed.
Basic Documents for a Property Sale
The Land Registry and Cadastre Directorate lists identity documents, representation documents where a party acts through another person, compulsory earthquake insurance for qualifying buildings and the property-tax value among the principal documents used in a sale. Foreign parties, companies, minors, protected persons and estates may require additional records.
| Document or information | Who prepares it? | Key point |
|---|---|---|
| Valid identity document | Buyer, seller and any representative | The identity data must match the land-registry and official records. |
| Representation document | Attorney-in-fact, guardian, trustee or company representative | The authority must expressly cover the property and the intended transaction. |
| Property details | Registered owner or authorised representative | Parcel, block, independent section and share ratio must be selected correctly. |
| Compulsory earthquake insurance | Owner or relevant right holder | A valid DASK policy is generally required for qualifying building-type properties. |
| Property-tax value | Municipal records or electronically transmitted data | The declared sale value may not be lower than the applicable property-tax value. |
| Foreign-party records | Foreign buyer or seller | Passport, translation, valuation and nationality-specific documents may be required. |
How Is a Web Tapu Application Made?
The registered owner or authorised representative can start a sale application through the official Web Tapu system. The applicant selects the property, transaction type and requested land-registry office and enters the buyer, declared price and contact details. Supporting documents are uploaded or later submitted as directed by the office.
A Web Tapu application does not itself transfer ownership. The office reviews the file, requests missing documents, calculates fees and schedules the signing stage. Ownership passes through the legally completed official transaction and registration. If the wrong property or share is selected, the error should be corrected before signing.
Can a Property Sale Be Completed Before a Notary?
Under Article 61/A of the Notary Law, notaries may also execute immovable-property sale contracts. The notary reviews the title record, identity, representation authority and legal restrictions through the integrated system. Once the contract is lawfully signed and transmitted, the title registration is completed through the land-registry system.
The notarial procedure does not remove title deed tax, revolving-fund charges or other statutory liabilities. Notarial fees are determined under the current annual tariff. The buyer and seller should compare the appointment, document and cost requirements of the available official routes.
How Are the Declared Price and Title Deed Fee Determined?
The declared price should reflect the actual sale price and may not be lower than the property-tax value. Under the current official land-registry guidance, a title deed fee of 20 per thousand is collected separately from the buyer and the seller on the declared value. A revolving-fund service charge is also collected according to the annual tariff, transaction type and applicable local coefficient.
The parties may agree between themselves who will economically bear these costs, but this private arrangement does not necessarily change the statutory collection framework. Under-declaring the sale price may create tax, fee, pre-emption, compensation and evidential risks.
How Can the Purchase Price Be Paid Safely?
The buyer should avoid paying the entire price long before registration without security. The seller should not rely only on an oral promise that payment will follow after transfer. Bank-blocked payment, payment linked to completion of registration, a mortgage-backed structure or another traceable arrangement may be considered.
Bank transfer descriptions should identify the property and the purpose of payment. Cash payment creates proof and tax risks. If a bank loan is used, the timing of registration, mortgage creation and release of funds should be coordinated in writing.
Why Must Encumbrances Be Reviewed?
Encumbrances include mortgages, attachments, injunctions, usufruct rights, easements, annotations and declarations affecting the property. A mortgaged property may be sold, but the mortgage may continue against the new owner unless it is removed. An attachment or injunction may prevent or complicate transfer. A usufruct right may allow another person to continue using the property after the sale.
The review should include pending applications recorded with a journal number, not merely the printed title certificate. Zoning, building permit, occupancy permit, condominium records and actual use should also be checked separately because the land registry does not answer every construction or municipal question.
Family Home and Spousal Consent
If the property is used as the family home, the owning spouse may not transfer it or limit the rights over it without the other spouse’s explicit consent under the Turkish Civil Code. The absence of a family-home annotation does not necessarily eliminate every family-home issue. The actual use and marital circumstances should be reviewed before sale.
Steps After the Transfer
- Confirm the new owner and share ratio in the current title record.
- Follow municipal property-tax and declaration obligations.
- Update electricity, water, gas, insurance and site-management records.
- If the property is leased, notify the tenant of the ownership and payment details through a reliable method.
- Verify cancellation of mortgages or registration of new financing security.
- Keep the official sale document, payment records and fee receipts together.
Frequently Asked Questions
Can a sale be completed without the original old title certificate?
Yes. The current electronic land-registry record and identity information are decisive. An old certificate alone does not prove that the record remains unchanged.
Is DASK required for every property?
It is generally required for qualifying building-type properties within the compulsory earthquake-insurance system. Land and excluded structures are assessed separately.
Can the buyer and seller sign from different cities?
Procedures involving another land-registry office, parties at different offices or a notarial sale may be available. Current official requirements and charges should be checked.
Can the price be declared only at the municipal tax value?
Not if the real sale price is higher. The actual price should be declared and may not be lower than the property-tax value.
Can a mortgaged property be purchased?
Yes, but the outstanding debt, release process, payment order and registration timing should be planned before signing.
Can a title transfer be completed through a power of attorney?
Yes. The power of attorney must contain sufficient authority for the specific purchase or sale and, where relevant, receipt or payment of the price.
Can a completed sale be cancelled unilaterally?
No. The parties may complete a new transfer, or an interested person may bring a legal action if the original transaction was invalid or unlawful.
Coordinating Title, Payment and Registration
A title deed transfer should be planned as a combined review of ownership, encumbrances, payment and official formalities. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can examine the title record and transaction documents for the individual sale. For a pre-transfer review, contact us.
This article provides general information about immovable-property transfers under Turkish law. Required documents and costs may vary according to the property, parties and current official practice.
