Tapu demystified: Understanding your Turkish title deed

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If you own a home in Türkiye, you also own a tapu. It is one of the most important documents you own – but if you’ve ever looked at it and wondered what all those boxes, numbers and Turkish words actually mean, you’re not alone.

The tapu is your official title deed, recording your ownership of a property in the Turkish land registry. It is worth understanding what yours says, particularly if you’ve owned your property for many years or are thinking about selling it.

What is a tapu?

The full name is Tapu Senedi, and it is the official document recording ownership of a property. The land registry is administered by the Tapu ve Kadastro Genel Müdürlüğü (TKGM). The Tapu Müdürlüğü is responsible for registering ownership and various transactions relating to property. Your tapu contains information identifying both the land and, where applicable, the individual property within a building. The piece of paper you may have is an official copy as the original is kept by the land registry.

What do all those words mean?

A Turkish tapu can look complicated, but some of the key terms are straightforward once you know what you’re looking at.

İl – Province
İlçe – District
Mahalle – Neighbourhood
Ada – Block/parcel group number
Parsel – Individual land parcel number
Nitelik – Description or nature of the property
Arsa – Land/plot
Bağımsız Bölüm – Independent unit, such as an apartment or shop
Kat – Floor
No – Unit number
Arsa Payı – Land share
Malik – Owner
Hisse – Ownership share

The ada and parsel numbers are particularly important because they identify the land on which the property is situated.

Kat Mülkiyeti or Kat İrtifakı?

This is one of the most important things to check on a tapu.

Kat Mülkiyeti

Kat mülkiyeti is condominium ownership. It means that the individual apartment, villa, shop or other independent unit is registered as a separate property within the building. For a completed building, this is generally the status you would expect to see.

Kat İrtifakı

Kat irtifakı is different. It is a form of property right established in relation to a planned or unfinished building on land, allowing future independent units to be registered. TKGM explains that kat irtifakı can be established on land where a building has not yet been constructed or has not been completed, whereas kat mülkiyeti is established on a completed building. However, seeing kat irtifakı on an older property does not automatically mean that something is wrong with it. There are circumstances in which a property can subsequently move from kat irtifakı to kat mülkiyeti. TKGM states that where the necessary conditions are met, the conversion can take place through the land registry process. If you are buying a property and the tapu shows kat irtifakı rather than kat mülkiyeti, it is sensible to find out why before proceeding.

What is Arsa Payı?

If you own an apartment, you don’t simply own the physical space inside your four walls. You also have a share of the land on which the building stands. This is your arsa payı. It is usually expressed as a fraction, for example 20/100 or 35/500. The arsa payı can be important for certain matters concerning the building and its common areas, so don’t assume that the apartment’s size and its arsa payı are necessarily the same thing. This is particularly relevant in apartment buildings where owners are discussing major works, rebuilding or other matters affecting the building.

Check who is actually registered as the owner

The section showing the malik is perhaps the most important part of your tapu. It identifies the registered owner or owners and, where there is more than one owner, their respective ownership shares. If a property has been inherited, transferred between family members or otherwise changed hands, make sure the land registry reflects the current ownership. Don’t assume that because everyone in the family agrees that someone “owns” the property, the official records necessarily say the same thing. This is very important when buying property – is the person selling it the owner, or do they have legal authorisation from the owner?

Look for Şerh, İrtifak and other restrictions

A tapu may contain information about şerhler, beyanlar, irtifak hakları, rehin/ipotek and other restrictions or rights affecting the property. These can be legally significant. For example, an ipotek is a mortgage or registered security interest over the property. Other entries may indicate rights benefiting another property or restrictions concerning the use or transfer of the property. If you are buying a property, don’t simply look at the front page and assume everything is clear. Have the full land-registry position checked.

Can foreign owners access their property records online?

Yes. Foreign owners whose Turkish Foreign Identity Number (Yabancı Kimlik Numarası) has been linked to their property can use Web Tapu and, with the necessary e-Devlet access, carry out or monitor various land-registry and cadastral procedures electronically.

Keep your tapu safe – but don’t panic if you lose it

Your tapu is an important document, but the physical piece of paper is not the only evidence of your ownership. The underlying ownership is recorded in the official land registry. If your original paper document has been lost or damaged, the Tapu Müdürlüğü can deal with requests for replacement documentation. Nevertheless, keep a clear copy or scan of your tapu somewhere secure, together with your other important property documents.

If you’ve owned your Turkish property for many years, take a few minutes to look at it and make sure you understand:

  • Who is registered as the owner
  • The ada and parsel numbers
  • Your bağımsız bölüm number
  • Your arsa payı
  • Whether the property has kat mülkiyeti or kat irtifakı
  • Whether there are any şerh, ipotek or other entries affecting the property

If you’re planning to buy or sell, or if something on your tapu doesn’t seem to match the property as it exists today, get professional advice rather than assuming it is simply an old-fashioned bit of Turkish paperwork.

USEFUL TURKISH WORDS

Tapu Senedi – Title deed
Tapu Müdürlüğü – Land Registry Office
Tapu ve Kadastro – Land Registry and Cadastre
Malik – Owner
Bağımsız Bölüm – Independent unit
Arsa Payı – Land share
Kat Mülkiyeti – Condominium ownership
Kat İrtifakı – Construction/easement ownership status
İpotek – Mortgage/security interest
Şerh – Registered annotation/restriction
Beyan – Declaration/registered statement
İrtifak Hakkı – Easement/right over property
Ada – Block number
Parsel – Parcel number

If you’d like help or advice on buying or selling a property in Türkiye, or on managing a property you already own, contact Janice at Realty World for sales and purchases on WhatsApp: +90 542 891 7026 or Laura for aftersales on +90 546 871 7025.

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