Real Estate Purchase and Sale and Mortgage in Turkish Law
The conditions required for the legal transfer of real estate in Turkish Law are as follows:
- Registration in the land registry and
- a valid legal reason for the registration in question.
Registration is made upon the written registration request of the person authorized to save, that is, the owner. In the absence of a written registration request (for example, the parties may have signed an unofficial document for sale instead of an official sales agreement), the person requesting registration does not have the right to save the real estate (restricted persons, a non-owner, for example), or there is no valid legal reason for the transfer of the real estate (invalidity of the sales agreement), the real estate cannot be transferred.
If the transfer of real estate is registered despite the absence of one or more of the conditions listed above, this registration is called a registration contrary to the law. Registration contrary to the law is a registration contrary to the actual status of rights. In this case, a lawsuit for the transfer of the land registry may be filed and it may be requested to correct the records in the land registry. This lawsuit can be filed by a person whose rights have been violated as a result of illegal registration.
In accordance with the principle of publicity, since all interested parties have the right to examine the land registry, it is not possible to get rid of liability by claiming that an entry in the land registry is innocent or uninformed. In case of repeated registration for the same immovable property, that is, in case of repeated registration, it cannot be claimed that the records in the land registry are unknown in accordance with the principle of publicity, because it cannot be claimed that good faith has been acted.
The state has no fault with the maintenance of land registry records. The responsibility of the state in question is tort liability, and therefore the rules on tort liability apply. In order for the responsibility of the state due to an error in the register to be asserted, all of the following conditions must be met:
- A damage that cannot be compensated by the assignment of the land registry register must have occurred as a result of an error in the land registry.
- The land registry records must have been made illegally.
- Illegal record keeping should be the proximate cause of injury.
The real estate mortgage, on the other hand, secures the receivables. In accordance with the principle of publicity, the mortgage is established by registration in the land registry, it is valid for as long as the registration continues, and it is canceled when the registration is deleted (Turkish Civil Code art. 856 and 858). However, there are exceptions to this rule, such as inheritance and court decisions.
In recent years, there has been a great movement in the Antalya real estate market due to the significant increase in foreign investments and tourist visits in Turkey and especially in Antalya, the tourism capital of Turkey. Foreigners buy, sell, and mortgage summer houses in Antalya.
However, considering that the only body authorized to perform real estate transactions is the land registry, foreign citizens who do not have knowledge of Turkish Law make various mistakes when buying and selling real estate in Turkey. Dec payable for the transfer of the immovable property, failure to register the immovable property in the land registry, payment to persons who do not have the authority to sell the immovable property and even some fraud cases may be included among the consequences of these errors.
It is strongly recommended to consult a reliable Antalya lawyer to avoid all these risks in real estate buying and selling transactions and to buy and sell houses and mortgages safely.
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