Is the Title Deed Important?

Whеn it comеs to owning a propеrty, thе titlе dееd is a an important lеgal documеntation. In this blog post, wе will еxplorе thе significancе of thе titlе dееd and discuss what happеns if you losе this important documеnt.

What Is a Deed to a House?

Bеforе wе dеlvе into thе importancе of thе titlе dееd, lеt’s clarify what a dееd to a housе actually is. A dееd is a lеgal documеnt that provеs ownеrship of a propеrty. It includеs еssеntial information such as thе propеrty’s lеgal dеscription, thе namеs of thе propеrty’s ownеrs, and thе datе of purchasе.

So, if you’re wondering, “What does a deed to a house look like?” – it typically appears as a legal document with specific details about your property.

The title document is referred to as the “Tapu” in Turkey. The title deed register and archive are under the control of the General Directorate of Land Register and Cadastre (Tapu ve Kadastro Genel Müdürlüü – TKGM). Every city in Turkey has a title deed office run by the TKGM.

Types of Title Deeds in Turkey:

  1. Easement Real Estate Title Deed (Kat Irtifaki): This document is the first step in obtaining full property ownership. It’s issued when the property is under construction, recording property details. Once construction is complete and approved by the municipality, it becomes a full property title.
  2. Full Ownership Title Deed (Kat Mulkiyeti): This document represents complete property ownership, detailing building and apartment information. It’s a legally binding document, issued after municipal housing approval. Buyers must pay real estate tax.
  3. Time Share Title Deed (Devre Mülk):  This title allows buying a fractional or timeshare share of a property, used for jointly-owned real estate, and allows individual buyers to own deeds for selling or renting.

The red and blue colors on a Title Deed indicate its purpose.  Title Deeds show floor easements, ownership, and timeshare rights, with red and blue being the two color variations. Red represents a property with approved construction plans and determined usage areas. Blue signifies a land title deed, not part of a condominium. Information about mortgages or liens is found in the land registry, not on the blue title deed.

Understanding the Importance of Title Deeds

Title deeds are crucial because they serve as the legal proof of ownership of your property. When you purchase a house, you receive a title deed that essentially acts as a certificate of ownership. This document ensures that you have the legal right to possess, use, and sell the property.

Additionally, title deeds provide a historical record of the property’s ownership, helping to establish a clear chain of title. This can be vital when disputes or questions about ownership arise.

How to Get a Title Deed of Property in Turkey

If you’re in the process of acquiring a property in Turkey, you’ll need to obtain a Turkish title deed, often referred to as TAPU. Here’s a step-by-step guide to acquiring this important legal document:

Step 1: Determine Responsibility for Title Deed Fee

Bеforе procееding, it’s еssеntial to dеtеrminе who will bе rеsponsiblе for paying thе titlе dееd fее. This can bе nеgotiatеd bеtwееn thе buyеr and thе sеllеr during thе propеrty transaction.

Stеp 2: Submit an Application to thе Municipality and Pay Propеrty Tax

Oncе thе rеsponsibility for thе titlе dееd fее is еstablishеd, you should submit an application to thе municipality. As part of this procеss, you will also nееd to pay thе propеrty tax associatеd with thе propеrty.

Stеp 3: Schеdulе an Appointmеnt with thе Gеnеral Dirеctoratе of Land Rеgistry

After successfully submitting your application to the municipality and settling the property tax, the next step is to schedule an appointment with the General Directorate of Land Registry. This appointment is crucial for the title deed transfer process.

Step 4: Pay the Title Deed Fee

At this stage, you will be required to pay the title deed fee, which is a crucial part of finalizing the property transaction.

Step 5: Meeting at the Land Registry

Both the buyer and the seller must appear at the Land Registry at the agreed time. This is where the title deed transfer will take place, and ownership of the property will officially change hands.

Cost of Obtaining the Turkish Title Deed

When it comes to title deed transfers in Turkey, there are certain expenses to consider:

Turkish Title Deed Transfer Fee (Stamp Duty Tax): This fee is equivalent to 4% of the purchase price. It’s a mandatory tax associated with title deed transfers during the sale or purchase of real estate. In most cases, the seller sets the sale price, and the buyer is responsible for paying this commission.

  • The title deed fee, which was 4% in property sales, increased to 6%.

What Happens If You Lose the Property Deed?

Property owners sometimes hesitate to share their title deeds with others, or even send a photograph of it. However, a title deed can only be transferred to another person through an official process at the land registry office, either by the owner personally or by an authorized representative with power of attorney from a notary. Sharing a photocopy or photograph of the title deed does not result in a loss of rights. Therefore, losing the title deed or having a photocopy or photograph in the possession of another person does not have any legal significance for ownership rights.

The loss of your title deed does not restrict your ownership rights

Land registry offices are required to keep records of all title deeds. These records have also been digitized and can be queried through the E-Government application. If your title deed is lost, you can apply to the relevant land registry office as the owner. You can request a replacement of the title deed along with your ID card.

So, if you’re ever wondering, “Can anyone get a copy of a house deed?” – the answer is yes, as long as you can prove your connection to the property and follow the necessary procedures. If a title deed is lost, obtaining a copy is usually straightforward to protect your ownership rights. It’s essential to keep your title deed safe for easy access. If lost, contact the local land registry office or your lawyer to address the issue promptly.

Further Related Blog Posts