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Real Estate

Shared Title Deed (Co-ownership)

Title deed for property owned jointly by multiple persons. Sale of a share is subject to other co-owners' pre-emption right (Turkish Civil Code arts. 732-735).

A shared title deed (Turkish: *Hisseli Tapu*) is issued for property held in shared co-ownership by multiple persons. Each co-owner's share fraction (1/4, 385/1200 etc.) appears on the title registry. Shared titles typically arise through inheritance (multiple heirs jointly acquiring a property), joint purchase or unsubdivided lands. Important: a shared title does not mean the property is physically divided — each co-owner holds rights in proportion to their share over the whole.

Pre-emption right (Şufa) — TMK art. 732: If a co-owner sells their share to a third party (not a co-owner), the other co-owners have a priority right to buy. If the sale is to another co-owner, no pre-emption right applies; it also does not apply to gratuitous transfers (gift/donation) or to properties under condominium ownership / construction-phase condominium rights.

2025 amendment — Law 7571 (Official Gazette, 25 December 2025): TMK arts. 733 and 734 underwent major changes: - Value basis: The basis is no longer the sale price stated in the title registry but the current market value determined by the judge — this closes the 'neighbour trap' loophole (writing a low registry price to acquire the share cheaply through pre-emption). - Time limit: If no notarial notice was served, the limitation period is reduced from 2 years to 1 year. With notarial notice, the period remains 3 months from service. - Cash deposit obligation: The claimant co-owner must deposit in cash the market value set by the judge plus title transfer costs into the court's escrow account or bank. The case is dismissed if not deposited in time. - Exemption: Auctions under State Tender Law 2886 and forced sales through enforcement are no longer subject to pre-emption.

Cases where pre-emption does not apply: Sales to another co-owner, gift/donation, joint ownership (*elbirliği mülkiyeti*), condominium-titled properties, de facto partition in co-ownership (where each co-owner has long used their own section in practice — Court of Cassation General Assembly precedent).

Examples

  • 1.Siblings A, B, C each hold 1/3 of a 900 m² field. A sells his share to X for TRY 300,000. Post-2026 B and C can file a pre-emption action based on market value — if the court sets the market value at TRY 900,000, B and C must deposit TRY 900,000 (not the registry TRY 300,000) to acquire the share.
  • 2.De facto partition example: four siblings share a 4,000 m² land, each using their own 1,000 m² section in practice for 20 years. One sells his share; the others cannot invoke pre-emption because of de facto partition (Court of Cassation General Assembly E:2017/1761).
  • 3.Enforcement office sold one co-owner's share via forced sale to X. Pre-2026 co-owners could have filed pre-emption; post-Law 7571 these sales are not subject to pre-emption.

Frequently Asked Questions

Is it risky to buy into a shared title?expand_more
Yes, several risks: (1) You cannot use the whole property without other co-owners' consent — only in proportion to your share. (2) You may face a pre-emption action — if you sold without notarial notice, the 1-year risk period runs. (3) Co-owner disputes can trigger a dissolution action leading to forced sale at auction. When buying a shared title, always use a notarial notice and verify any de facto partition.
How is a pre-emption action filed?expand_more
As a title annulment and registration action in the Civil Court of First Instance against the third-party buyer. The limitation period is 3 months from notarial notice, or 1 year (as of 2026) without notice. Post-2025 amendment, request market value determination with the petition; the judge will order you to deposit that amount in court — failure to deposit leads to dismissal.
How do I convert a shared title into an individual title?expand_more
If the property is divisible (parcel size + agricultural-land restrictions), **ifraz** (subdivision) can separate shares and issue individual titles. Municipal council approval is required. If co-owners cannot agree, a **dissolution of co-ownership action** (*izale-i şüyu*) is filed — the court orders either in-kind partition or auction sale. Areas under Article 18 land regulation typically preserve shares.
Does pre-emption apply to transfers by gift?expand_more
No. Pre-emption applies only to sales — not to gratuitous transfers (gift, donation, barter). However, if a 'gift' is in substance a sale, a simulation claim can be filed; the court investigates the true nature of the transaction. This risk also exists in sales between relatives.

Related Terms

OwnershipTitle RegistrationBlock / Parcel (Ada / Parsel)Muhtesat (Structures/Fixtures on Another's Land)

Sources

  • • Turkish Civil Code (Law 4721) arts. 732-735 (Shared Ownership and Pre-emption)
  • • Law 7571 arts. 35-37 (25.12.2025 Official Gazette, amendments to TMK arts. 733-734)
  • • Court of Cassation General Assembly decisions (de facto partition and value determination precedents)

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Last updated: 2026-04-24