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Title & Cadastre

Title Registration

Official recording of ownership or real rights over a property in the land registry. Under Turkish Civil Code art. 705, real-estate ownership arises through registration.

Title registration (Turkish: *Tapu Tescili*) is the official recording of ownership or limited real rights over a property in the land registry. Under Turkish Civil Code (TMK) art. 705, real-estate ownership arises with registration — a sale or transfer contract alone does not convey ownership; the buyer becomes owner only upon registration. This is called the constitutive effect of registration.

Exceptions (TMK art. 705/2): Ownership arises without registration through inheritance, court judgment, enforcement, occupation or expropriation — but even then the owner must register to dispose of the property (duty to seek registration).

Official registry principle (TMK art. 1020): The registry is public — anyone can access the records. Rights of good-faith third parties relying on the registry are protected (reliance on the registry, TMK art. 1023). Rights not in the registry cannot be asserted against third parties.

Registration procedure: At the land registry office, with the parties' declarations before an official officer (TMK art. 1015, Title Registry Regulation). Documents required: deed, Turkish ID/passport, tax number, DASK policy, property-tax-clear certificate, current photo. The operation is electronic; WebTapu handles application and appointments. At registration, an official deed is drawn up and signed.

Types of registration: (1) Original — first entry of a right (e.g. new parcel from subdivision, type correction of a new building); (2) Transfer — sale, gift, exchange; (3) Modification — share adjustment, establishment of condominium; (4) Cancellation — removal from registry (e.g. mortgage release, easement termination).

State liability (TMK art. 1007): The state is liable for all damages arising from title registry maintenance — faulty registrations, forged powers of attorney etc. can trigger compensation claims against the state. The state's recourse against the clerk is preserved.

Examples

  • 1.A buyer paid the price but registration was not completed; the seller sold the same property to someone else. The earlier payment created only a contractual relationship — the later good-faith buyer obtains ownership (reliance on the registry).
  • 2.An heir cannot sell the deceased father's house without registering the inheritance transfer first; inheritance registration with the certificate of inheritance must precede the sale registration.
  • 3.A citizen who lost ownership due to an erroneous TKGM registration obtained compensation from the state under TMK art. 1007 (Court of Cassation General Assembly precedents).

Frequently Asked Questions

I bought under contract but haven't registered — am I the owner?expand_more
No. Under TMK art. 705, real-estate ownership arises via **registration**. A contract only creates a **contractual obligation** — the seller is committed to transferring, and you are committed to paying. If the seller breaches, you can sue for performance. But until you register, you are not the owner against third parties.
What do good faith and reliance on the registry mean?expand_more
Under TMK art. 1023, good-faith parties relying on the registry when acquiring rights are protected — someone holding an unrecorded right cannot assert it against a good-faith buyer who relied on the registry. However, bad faith (knowing or having reason to know the seller is not the true owner) removes the protection.
When does registration become effective?expand_more
At the moment of entry into the registry. When the clerk enters the operation in the system and the signed official deed is drawn up, registration is complete; the right arises the same day. The system records the time of registration automatically — critical for priority (e.g. if both a mortgage and sale occur on the same day, ordering matters).
Can registration be annulled?expand_more
Yes — **title annulment and re-registration actions** can be filed for erroneous or unlawful registrations. Filed in the Civil Court of First Instance (sometimes in the Cadastre Court). Limitation: against the registered owner it's 10 years; against good-faith third parties different periods apply (TMK arts. 1024-1026). For forged powers of attorney or fraud, a compensation action is filed against the state under TMK art. 1007.

Related Terms

TKGM (General Directorate of Land Registry and Cadastre)OwnershipBlock / Parcel (Ada / Parsel)Mortgage (İpotek)

Sources

  • • Turkish Civil Code (Law 4721) art. 705 (acquisition of real-estate ownership)
  • • TMK art. 1007 (state liability), arts. 1020-1023 (reliance on the registry)
  • • Title Registry Regulation
  • • TKGM Title Registry Legislation

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Last updated: 2026-04-24