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Legal Information
The
ownership is anchored in article 35 of the Turkish Constitution. This article
stipulates that anyone is entitled to ownership and that these rights can only
be restricted by other legal stipulations. The restrictions may consist, for
instance, of zoning schemes, restrictions applicable to foreigners and matters
such as having the right of way.
The ownership regulations are elaborated in the Turkish Civil Code. This
describes how ownership is acquired. For the purchase of real estate by a
foreign person, especially the entry in the land register is important.
In Turkey there are regional directorates of the land register in 15 places,
which are subdivided in provincial or district offices. In principle, the land
register is accessible to everyone.
In Turkey the ownership of real estate is obtained by entry in the land register
(article 633 Turkish Civil Code) and the simultaneous delivery of the real
estate. These two steps must be taken in the way described in the Turkish Civil
Code; moreover, all formalities must be fulfilled. Any non-observance of the
formalities will result in failure to acquire the real estate, which in turn
causes great disappointment to both the buyer and the seller.
On the next pages, the two steps will be discussed in greater detail as well as
the defects that may occur.
Acquiring real estate in Turkey involves many regulations. Not only must formal
regulations be taken into account, but foreign persons must also heed the
various legal exceptions to acquire real estate.
As more and more foreigners wish to have a pied-à-terre in Turkey and more and
more firms set up subsidiaries in Turkey, we recommend carrying out a thorough
investigation beforehand.
The zoning scheme, the antecedents of the selling party and the legal
restrictions imposed by the Turkish legislation are aspects that should be
approached objectively and professionally.
Kusadasi Prestige Properties (Real Estate) may offer valuable assistance in this investigation.
Indeed, many of our clients’ problems could have been prevented by having an
objective and thorough investigation carried out.
All of our consultants have excellent oral and written command of the Turkish
language, thus minimising any communication problems and enabling us to explain
the contents of official Turkish documents to you.
If you should have any further queries, would like to receive additional
information, or are interested in a personal conversation, please do not
hesitate to contact us. |
