> Other sample legal translations from Turkish to English
Translated from Turkish by Tim Drayton
|(1)||The provisions of this law on duties stated in Law number 4541 of 10/4/1944 to be incumbent on headships were repealed by Article 24 of the said Law.|
|(2)||Even if certain articles of this law regulate the acquisition of private ownership through reclamation from the sea and drainage of wetland, Supplementary Article 7 appended by Law number 1605 of 11/7/1972 to Law number 6785 contains the provision, “... land and plots cannot be acquired on such ground citing private ownership through reclamation from the sea and drainage of wetland.” Provision was also made in Article 3 of the same Law that provisions of other laws that conflicted with this law were repealed. Law number 1605 was subsequently repealed by Article 43 of Law number 3194 of 3/5/1985.|
THIS IS THE TRANSLATION OF THE TEXT OF THE LAND REGISTRY LAW INCORPORATING AMENDMENTS MADE UNTIL 9.10.2020 AND REFLECTS THE TEXT AS IT STOOD ON 15.1.2021 AND DOES NOT INCORPORATE ANY SUBSEQUENT AMENDMENTS THAT MAY HAVE BEEN MADE.
Article 1 - Authority to register immovable property vests, if that immovable property is owned by the State, in the most senior financial officer in the place where it is located, if owned by special administrations, in the provincial governor, if owned by the General Directorate of Foundations, in the Directorate of Foundations director or officer, if owned by municipalities, in the mayor, if owned by villages, in the village head and if owned by other juristic persons established under specific statutes, in their legal representatives. The provisions of laws specifying the manner in which such representatives exercise their authority are not prejudiced.
Article 2 - In business at the land registry, juristic persons must present certification that they are permitted to dispose of immovable property as per regulations from the most senior civil service administrator in the place where their head office or branch is located and as to the authorization of the representative who is to conduct the registration transaction. Commercial Companies obtain such certification from the commercial registry officer.
Article 3 - Immovable properties that religious, scientific or charitable entities owned by foreigners whose presence is recognized by the Government of the Republic of Turkey lay claim to based on decrees and Government resolutions may be registered in the name of incorporated entities provided the limits of such documents are not exceeded and the Government’s permission is obtained.
Article 4 - In transactions to register mines, the documents to be presented as per the relevant statutes and regulations must be certified by the Ministry of Economics.
Article 5 - (Repealed: 4/11/1990-3678/Article 31)
Article 6 - (Repealed: 11/6/1945-4753/Article 64)
Article 7 - (Repealed: 16/12/1995-4070/Article 15)
Article 8 - Permission for ground it is wished to reclaim from the sea must be obtained from the most senior local financial officer. Such permission is granted for a period of three years following the obtaining of the approval, if the ground to be reclaimed falls within municipal boundaries, of the municipality, if it relates to harbours, of the harbour authority or marine trade administration, or, in places under fortified place command, of the fortified place command. If it is outside municipal boundaries, the approval of, as appropriate, provincial or sub-provincial administrative boards is obtained. Such permitted reclaimed ground is entered into land registers in the name of the reclaimer free from economic value levy on the documents obtained from offices that grant permission. Those who without reasonable excuse fail to complete reclamation works within three years are dispossessed of such ground.
Article 9 - In registering ground that has been reclaimed without permission, reclaimed ground is registered in the name of the reclaimer if the relevant offices and boards consent that there is no objection to its being registered on condition that one-tenth of the economic value of the reclaimed ground in its reclaimed state is levied.
Article 10 - If notification is given by the relevant offices set out in Article 8 that there is no objection to the sale of coastal ground that has become infilled through deposition or tide, the owner of the immovable property in question is entitled to purchase at the appraised economic value the portions of such places adjoining their own immovable property within two years of the notification to be made to them. The purchasers of such places will be entitled to construct dikes to protect that place.
Article 11 - With requests for reclamation in front of or adjacent to owned immovable property, permission will be granted to none other than the owner. In registering such ground that has been reclaimed by the owner without permission, if notification is given by the relevant offices and boards that there is no objection to the registering of such ground, one-tenth of the economic value of the reclaimed ground in its reclaimed state is levied and it is registered in the name of the reclaimer or the one substituting for the reclaimer by combining it with the dominant property.
With reclamation works undertaken for hygienic, social or economic reasons by the State or provincial, municipal or village assemblies, reclamation will be proposed by granting the immovable property owners mentioned in the above paragraph sufficient time for reclamation. If they do not undertake reclamation within this period, they forfeit such rights.
Article 12 - If, before the completion of reclamation works of ground that is in front of or adjacent to an immovable property and whose reclamation is requested by the owner, that immovable property passes into the ownership of another or is encumbered with a real right, such transaction also encompasses the reclaimed ground such that the terms of the works are preserved unless there is agreement to the contrary.
Article 13 - Land on which cleaning and dredging occurs through the construction of harbours and breakwaters by the State or provincial governates and municipalities is subject to the provisions in specific statues.
Article 14 - Articles 8, 9, 10, 11 and 12 also apply to non-wetland lake and riversides, with the proviso that a technical report is required that the basic riverbed and flow of water is unimpaired and there will be no detriment further downstream and to others.
If unowned grounds that have been abandoned on the coast or at lake or riversides and are capable of being owned independently are situated in front of or adjacent to an owned immovable property, its sale at economic value is proposed to the owner of that immovable property. If the latter fails to take up the offer within one year, it is sold to others.
If such places are incapable of being owned independently, they are transferred at the appraised economic value to the owners of the adjacent immovable property, for which amount they will be debited.
Owners of ground that has suffered encroachment or damage by lakes or rivers may be provided with its equivalent free of charge if land has come into being on the opposite side for such reasons without prejudice to the provisions of Articles 636 and 637 of the Civil Code.
Article 15 - (First paragraph repealed: 18/1/1950-5516/Article 12)
If the need arises for health reasons to drain wetlands formed on owned land, if their owners do not drain them within a suitable period allotted by the State or provincial governate, those wetlands will be drained by the State or provincial government. Those owners who contribute to the cost of drainage are awarded the land. The land of those who do not contribute to the cost becomes the property of the one who drains it. (Amended: 18/10/1962-Article 79/1) In such case, the provisions of the Expropriation Law number 6830 are applied in determining the amount payable to the landowner by way of true recompense for the immovable property in wetland state.
Article 16 - Apart from those permitted under specific statutes, fields may not be opened nor private buildings made in forests, woods and coppices owned by the State, municipalities and villages. Even in forests owned by persons, fields may not be opened without obtaining the permission of the relevant ministry.
Article 17 - Second-degree confirmation of economic values obtained from expert appraisal is incumbent on the local authority board with the inclusion of two persons nominated by municipalities.
Article 18 - Taxable values as stipulated in this law are the taxable base values pursuant to Laws number 1837 on Building Tax and number 1933 on Land Tax.
Article 19 - Economic values are collected in equal instalments along with tax over five years in accordance with the Law on the Collection of Taxes. On payment of the instalments covering two years, the immovable property is registered in the name of the owner and that immovable property is mortgaged in respect of the outstanding instalments.
Article 20 - Even economic values that have been processed and imposed prior to the promulgation of this law are collected in instalments in the manner set out in Article 19.
Article 21 - Land surplus to roads formed within village and municipality boundaries is registered in the name of the village or municipality.
(Additional paragraph: 17/1/2019-7161/Article 1) Cadastral roads that are used by the Turkish Armed Forces, General Command of Gendarmerie, Coast Guard Command and General Directorate of Security are registered in the name of the Treasury.
Article 22 - (Repealed: 4/7/2019-7181/Article 4)
Article 23 - With business that requires the obtaining of a receipt, if the municipality or council of elders refuses to certify the receipt, it must note and account for the reason for such refusal. If it cannot do so, legal proceedings are conducted against it.
If land registry offices ascertain such reasons to be unlawful from the examination and investigation they conduct, they remit the matter to the land registry commission. If the commission also rules the reasons to be unlawful, the transaction is conducted by land registry offices. Should it rule to the contrary, land registry offices refer the interested party to the courts apart from instances falling under the scope of Law number 1515. Interested parties have the right of objection before provincial land registry commissions against sub-provincial land registry commission rulings.
Article 24 - Deserted and derelict graveyards and public graveyards owned by foundations situated in villages are registered in the name of the village as a juristic entity.
Article 25 - Specific provisions will be put in place as to the registration and purchase and sale of ground considered common village property such as pasturage and coppices which are excluded from Article 159 of the Municipality Law number 1580 and Article 21 of the Settlement Law number 2510.
Article 26 - (Amended: 6/1/1954-6217/Article 1)(1)
|(1)||By means of Article 1 of Law number 5831 of 15/1/2009, the wording “guardian and officers of the land registry” in the first paragraph of this article was amended to “director of land registry or land registry officials”, the wording “the officer and guardian of the land registry sign” contained in its then third paragraph to “the land registry office officials ... sign and the director of land registry or an assigned officer approve” and the wording “guardian and officers of the land registry” in its then sixth paragraph to “director of land registry or land registry officials” and the wording “and construction contracts in return for a share of the plot“ was appended following the word “contracts” and incorporated into the text in its then fifth paragraph.|
Official deeds concerning ownership or non-real property rights or, between the joint owners of jointly owned land or owners of immovable properties which adjoin one another, the granting of or promise to grant an easement in accordance with the provisions of Article 753 of the Civil Code providing one or more of them with sole usufruct of a specific floor or flat or section that is capable of being used independently of a building that is in existence or will be constructed on that immovable property are compiled by the director of land registry or land registry officials.
(Additional paragraph: 4/7/2019-7181/Article 1) If the parties to contracts with the object of transferring ownership of immovable properties have different land registry offices or are organized abroad, the contract may be concluded through the separate obtaining of the parties’ intentions by officials. The procedural and substantive rules on the implementation of this paragraph are to be laid down in a manual.
(Additional paragraph: 15/1/2009-5831/Article 1) The director of land registry or an appointed authorized officer serving in nearby provinces or sub-provinces may be authorized by the General Directorate of Land Registry and Cadastre to conduct business on certain days in places where there are fewer than five hundred annual contractual and non-contractual transactions at offices apart from land registry offices situated in provinces.
(Additional paragraph: 15/1/2009-5831/Article 1) The procedural and substantive rules on the compilation of official deeds are to be laid down in a manual.
Should interested parties so wish, officers attend at residences to compile official deeds and attachment and restraint orders deliverable at such time are served on the officer who attends at the residence to make the official deed.
(Additional provision: 2/4/1998-4358/Article 3) The parties’ tax identification numbers are recorded on the official deed along with their identification particulars. (Amended: 6/3/1981-1981/Article 1) The land registry office officials who compile the official deed with the parties sign it and the director of land registry or an assigned officer approve it. The bringing of witnesses may be requested in cases in which doubt surrounds the identity of the parties. Provisions imposing a statutory requirement for the attendance of witnesses are unprejudiced. The same procedure is applied with contracts made pursuant to Law number 711 of 11 January 1926.
Notation is made ex officio in the land register of the promises to grant an easement mentioned in the first paragraph. Notation is made in the land register of such official deeds concerning the promise to grant an easement and this also binds subsequent owners of the immovable property to which it attaches.
Notation is also made in the register of immovable properties if one of the parties so wishes of promise to sell immovable property contracts and construction contracts in return for a share of the plot drawn up by notaries pursuant to sub-paragraph (B) of Article 44 of the Notariat Law.
If the sale is not made or the easement is not granted and entered in the land register within five years of the notation, the notation in question is cancelled ex officio by the director of land registry or land registry officials.
(Appended: 26/4/1984-3000/Article 1; Amended: 15/2/2018-7099/Article 1) Mortgage transactions involving immovable properties offered as security for all loans and credits that are or will be provided by public institutions and establishments, credit institutions, banks, small businesspersons’ and craftpersons’ credit and guarantee cooperatives along with agricultural credit cooperatives will be entered into the land register at land registry offices if the parties so wish based on the credit or loan agreement signed by the parties.
(Appended: 12/3/1985-3163/Article 1; Repealed Final Paragraph: 15/1/2009-5831/Article 1)
(Additional paragraph: 4/3/2021-7292/Article 19) Mortgage transactions involving immovable properties offered as security for all finance that is or will be provided by savings finance companies under the Financial Leasing, Factoring, Financing and Savings Finance Companies Law number 6361 of 21/11/2012 will be entered into the land register at land registry offices if the parties so wish based on the savings finance agreement signed.
Article 27 - (Repealed: 4/7/2019-7181/Article 4)
Article 28 - Land registry business relating to contracts and registration cannot be halted through administrative orders.
Article 29 - (Repealed: 25/2/1952-5887/Article 126)
Article 30 - The long known and established boundaries of immovable properties that are not based on plans and official surveys are respected. The provision of Article 215 of the Code of Obligations is not prejudiced.
Article 31 - (Amended: 25/1/1950-5520/Article 1)
If the area of an immovable property turns out to be in excess of that entered in the land register and if it is ruled by the courts that this excess is not due to encroachment on adjoining land and there has been no alteration to its boundary, it is entered into the register by virtue of the ruling.
The court conducts an on-site examination at the immovable property and hears the owners of adjoining land. The map of that place commissioned from land registry cadastre technicians or, in their absence, authorized cadastre technicians or engineers is appended to the court ruling. In the event of objection, proceedings are filed under general provisions.
Article 32 - The making of a map is mandatory on the division either by judicial decision or consent of immovable properties that have plans or officially made maps. A map is also made on the division of immovable properties not captured on plans or maps in places that are within city and town municipal boundaries and where there is a land registry cadastre technician. The commissioning of maps on the division by judicial decision of immovable properties outside municipal boundaries is at the discretion of the judge.
Article 33 - Absolutely no fee or due is obtained in respect of applications made to the courts by the guardian and officers of the land registry and rulings in respect of these concerning land register corrections or to determine if a real right has lapsed in accordance with Articles 934 and 935 of the Civil Code, and revenue stamps are not attached to these.
Article 34 - In the case of contracts for valuable consideration and where the making of one contract is dependent on the making of another, the interested parties may make the guardian and officers of the land registry depositaries. Under such circumstances, the release of funds to the entitled party is dependent on fulfilment of the contracts. If the contracts are not fulfilled, the officer immediately returns the funds to whomever s/he obtained them from in the presence of the interested parties before they disperse and annuls the transactions they relate to.
Article 35 - (Redrafted: 29/12/2005-5444/Article 1; Amended: 3/5/2012-6302/Article 1)
In view of international bilateral relations and where the country’s interests so dictate, foreign national natural persons who are citizens of countries specified by the President may, on condition of compliance with the legal restrictions, acquire immovable property and limited real rights in Turkey. The total area of immovable property along with limited real rights of an independent and permanent nature that foreign citizen real persons acquire may not exceed ten per cent of the land area available as private property of a sub-province or thirty hectares per person on a nationwide basis. The President is authorized to increase by up to two times the amount that may be acquired per person on a nationwide basis.(1)
|(1)||The wording, “Cabinet” contained in this paragraph was amended to read, “President” by Article 9 of Decree with the Force of Law number 698 of 2/7/2018.|
Incorporated commercial companies established in foreign countries under the laws of their own countries may only acquire immovable property and limited real rights in Turkey within the scope of the provisions of specific statutes. Commercial companies other than these may not acquire immovable property and limited real rights may not be created in their favour. The restrictions contained in this article are not applied to the creation of charges over immovable property in favour of such commercial companies and foreign national natural persons.
The President may, where the country’s interests so dictate, qualify in terms of country, person, geographical region, duration, number, proportion, type, nature, area and amount, restrict, fully or partially halt or prohibit the acquisition of immovable property and limited real rights by foreign national natural persons and incorporated commercial companies established in foreign countries under the laws of their own countries.(1)
|(1)||The wording, “Cabinet” contained in this paragraph was amended to read, “President” by Article 9 of Decree with the Force of Law number 698 of 2/7/2018.|
Foreign national natural persons and incorporated commercial companies established in foreign countries under the laws of their own countries must within two years submit for the approval of the appropriate Ministry the plans they develop on unbuilt immovable property they acquire. The approved plan is sent with the commencement and completion date specified by the appropriate Ministry to the land registry office where the immovable property is located for entry into the statements field of the land register. Monitoring is conducted by the appropriate Ministry as to whether the approved plan is accomplished on time.
The Ministry to which the Directorate General of Land Registry and Cadastre is affiliated is supplied with maps and coordinate readings relating to military forbidden zones, military security zones and strategic zones by the Ministry of National Defence within no more than one year from the effective date of this Law and within one month of dates on which alterations are made to maps and coordinate readings involved in resolutions to alter such zones, while it is supplied with maps and coordinate readings relating to special security zones and resolutions to alter them by the Ministry of the Interior. From one year after the effective date of this Law, land registry transactions are conducted in accordance with the documents and information sent pursuant to this paragraph.
In the case of immovable property and limited real rights that are acquired in breach of the provisions of this article or are determined by the appropriate Ministry and authorities to be used for purposes contrary to those for which they were acquired or in respect of which timely application is not made to the appropriate Ministry or plans are not completed on time along with those acquired through inheritance which violate the restrictions under the first paragraph of this article, should disposal not be made by the owner within the time period of not more than one year allotted by the Ministry of Finance, disposal is conducted by sale and the proceeds are paid to the rightful party.
Article 36 - (Redrafted: 3/7/2008-5782/Article 2; Amended: 3/5/2012-6302/Article 2)
Where foreign national natural persons with the exception of persons falling within the scope of Article 28 of the Turkish Citizenship Law number 5901 of 29/5/2009, juristic persons established under the laws of foreign countries and international organizations own fifty per cent or more of their shares or are empowered to appoint or dismiss the majority of their directors, incorporated companies established in Turkey may acquire and use immovable property and limited real rights in order to engage in the areas of activity set out in their articles of association.
The same substantive rules apply in the case that, where the direct or indirect acquisition of a shareholding in another company established in Turkey by the companies specified in paragraph one results in the overall shareholding of foreign investors in the investee company amounting to fifty per cent or more, foreign investors directly or indirectly acquire fifty per cent or more of the shares of immovable property owning domestic-capital companies or, at existing immovable property owning foreign-capital companies, the shareholding of foreign investors reaches fifty per cent or more as a result of the share transfer.
Without prejudice to the provisions of the Military Forbidden Zones and Security Zones Law number 2565 of 18/12/1981, the acquisition by such companies of immovable property in military forbidden zones, military security zones and the zones stipulated under Article 28 of the same law is subject to the approval of the Chief of the General Staff’s office or such commands as it authorizes, while their acquisition of immovable property in special security zones is subject to that of the provincial governate of the place where the immovable property is situated. Primacy is attached to the appropriateness of acquisition in national security terms in assessments made under this paragraph.
Foreign-capital companies outwith the scope of the above paragraphs may acquire and use immovable property and limited real rights under the same provisions that are applicable to domestic-capital companies.
The provisions of this article are not applied to the creation of charges over immovable property, acquisitions of immovable property through foreclosure, the transfer of immovable property and limited real rights arising from company mergers and divisions, acquisitions of immovable property and limited real rights in special investment zones such as organized industrial zones, industrial zones, technology development zones and free zones and, provided the requirement for disposal within a certain time as per the relevant legislation continues, immovable properties that banks acquire by virtue of transactions deemed to be loans under the Banking Law number 5411 of 19/10/2005 or for the purpose of collecting amounts owed to them.
The use of immovable properties acquired under this article is monitored periodically by provincial governates informed by land registry records.
If not disposed of by the owner within the time period allotted by the Ministry of Finance, immovable property and limited real rights whose acquisition or use is determined to be contrary to the provisions of this article are disposed of by sale and the proceeds paid to the rightful party.
Regulation is made for the procedural and substantive rules for the implementation of this article through a manual issued by the Ministry of Economy once the relevant institutions and establishments have been consulted for their views.
Article 37 - The inheritance transfer procedures of foreign natural persons are conducted based on certificates of inheritance issued by the Republic of Turkey courts or issued by their own competent courts and certified by the Turkish courts as being compliant with the provisions on inheritance procedure of Turkish law.
Article 38 - Those provisions of the land registry regulation of 8 Jumada al-Awwal 1275 A.H. and addenda, immovable property regulation of 28 Rajab 1291 A.H., the regulatory passages on land of 7 Muharram 1293 A.H., instruction on title certificates assented to on 8 Rajab 1276 A.H., directive assented to on 28 Rajab 1276 A.H., provisional law of 3 March 1329 A.H. on the disposal of immovable property, regulation of 17 July 1323 A.H. on the organization and reform of the immovable property registry and addenda and the law of 30 January 1926 on the attaching of interested parties’ photographs to title certificates and records when immovable property transactions are conducted that have not been repealed under the Civil Code, the law on the implementation of the civil code and the Code of Obligations and those of other laws that conflict with this law have been repealed.
Supplementary Article 1 - (Appended: 3/5/2012-6302/Article 3)
Should inheritance transfer not have been conducted in the land register within at most two years from the date of death, the land registry office may apply to the judiciary for the drawing up of a certificate of inheritance. The land registry directorate updates land register records through registration under collective ownership in accordance with the certificate of inheritance. Applications so authorized of the land registry office are exempt from all manner of costs, taxes, dues or fees.
Supplementary Article 2 - (Appended: 10/9/2014-6552/Article 84)
The seeking of recovery from negligent staff in respect of payments made by virtue of the State’s strict liability in respect of land registry and cadastre transactions becomes time barred two years from the date of the payment and in all events ten years from the date the loss-causing transaction was conducted. The provisions of Article 73 of the Turkish Code of Obligations are unprejudiced in the case of staff who are liable due to gross fault.
Correction of share errors in the land register
Supplementary Article 3 - (Appended: 4/7/2019-7181/Article 2)
The holders of shares and beneficiaries of real and personal rights deriving therefrom who are negatively affected by errors ensuing from cadastral determinations and transactions conducted in the land register are notified of the reasons for the error and the post-correction share status.
Indication is made in the statements field of the land register as to the transaction to be conducted and this indication is kept in place until the correction transaction is finalized.
The correction transaction is conducted if the interested parties give their approval within thirty days from the date of service. If approval is not given by this time, the interested party is cautioned that the erroneous record will be corrected ex officio by the land registry office and the correction transaction along with the result of the transaction may be challenged in proceedings at the civil court of first instance within sixty days from service.
Provisional Article 1 - (Unnumbered Provisional Article of Law number 2644 that was numbered sequentially)
The provisions of Article 6 of this law are also applied to places that had been opened and turned into fields, orchards and gardens before this Law took effect and whose procedures had not yet been completed.
Provisional Article 2 - (Appended: 29/12/2005-5444/Article 2)
The entirety of the maps and coordinate readings relating to resolutions on prohibited military zones, military and special security zones along with strategic areas that are in existence on the effective date of this Law are sent within no more than three months by the Ministry of National Defence to the Ministry to which the Directorate General of Land Registry and Cadastre is affiliated.
Land registry transactions are conducted, until such time as map and coordinate readings relating to the above-mentioned areas have been sent to the Directorate General of Land Registry and Cadastre and these have been transferred digitally to local units, by means of liaising with the authorised military authorities and, once such procedures have been completed, by means of consulting the documents and data thus sent.
Provisional Article 3 - (Appended: 3/7/2008-5782/Article 3)
The commission is notified within no more than three months from the effective date of this article by the appropriate institutions and establishments of the area of zones in which foreign national natural persons and incorporated commercial companies established in foreign countries under the laws of their own countries may not acquire immovable property and limited real rights pursuant to paragraph seven of Article 35 of this Law, and by provincial governates of the area of the total zones falling within the boundaries of implementary development plans and local development plans of the sub-provinces stipulated in this paragraph.
(Repealed second paragraph: under the Constitutional Court’s Ruling E.:2008/79, K.:2011/74 of 12/5/2011)
Provisional Article 4 - In the case of mortgages of limited duration that had not been deleted despite having expired prior to the entry into force of paragraph two of Article 883 of the Turkish Civil Code number 4721 of 22/11/2001, the thirty-day period mentioned in the said paragraph starts on the effective date of this article.
Article 39 - The provisions of this Law take effect from the date of its promulgation.
Article 40 - The provisions of this Law are enforced by the Ministries of Justice, the Interior and Finance.
PROVISIONAL ARTICLE NOT INCORPORATED INTO THE MAIN LAW NUMBER 2644 OF 22/12/1934
1- Provisional Article emanating from Law number 3000 of 26/4/1984
Provisional Article - The power the Empowerment Law Relating to the Reorganization of Administrative Procedures and Transactions number 2977 of 2/2/1984 has vested in the Cabinet to issue Decrees with the Force of Law is applicable to the Land Registry Law number 2644 of 22/12/1934 until the period stipulated under the said Law expires.