Practice area
Conveyancing and Title Deeds
Advice on property sales and purchases, covering contract preparation, review of the title register and the legal handling of the transfer.
Scope
A property transaction is shaped by the care taken before anything is signed. Annotations, mortgages, attachments and the zoning status recorded against the title directly affect the rights of buyer and seller alike. We conduct the process transparently and on the basis of documents, from the promise-to-sell agreement through to the transfer of title.
- Review of the title register, encumbrances and condominium or construction servitude status
- Drafting and reviewing notarised promise-to-sell agreements
- Setting out deposits, advance payments and the payment schedule clearly in the contract
- Checking municipal records, the building permit and the occupancy permit
- Overseeing the transfer at the land registry and reviewing the fee calculations
- Advice on defects and title cancellation disputes arising after completion
Process
How it generally works
- Preliminary assessment
We discuss the property, the parties and the intended payment structure, and identify the records to be examined.
- Records review
Land registry, municipal and zoning records are examined, and any points of concern are reported in writing.
- Contract
The parties’ agreement is set down in a promise-to-sell or preliminary contract, with payment and handover terms stated clearly.
- Transfer at the land registry
An appointment is booked, the fees are paid and the official deed is signed.
- Handover and completion
The property is handed over and changes to utility and tax records are completed.
- Title deed or an extract from the land register
- Identity documents of the parties
- An up-to-date valuation report, where required
- Occupancy permit (iskân)
- Compulsory earthquake insurance (DASK) policy
- Any existing promise-to-sell agreement
- Municipal letter confirming that no property tax is outstanding
Questions
Lawyers working in this area
- Av. Nevra Akyarlı · TR EN DE
- Av. Ece Mavikaya · TR EN DE
- Av. Burak Tülümen · TR EN
Does a promise-to-sell agreement replace the transfer of title?
No. A notarised promise-to-sell agreement gives the parties the right to demand the transfer, but ownership passes only upon the official transfer at the land registry. The agreement can be annotated on the register so that it may also be relied upon against third parties.
Can a property be sold if it is mortgaged?
A mortgaged property can be sold, but the mortgage continues to burden it in the hands of the new owner. For this reason, the contract usually provides expressly for the mortgage to be discharged before completion or tied to the payment schedule.
Who pays the title deed fee?
By law, the title deed fee is payable by the buyer and the seller separately, although in practice the parties may agree on a different allocation. As the fee is calculated on the declared value, it is important that the value is declared accurately.
This content is for general information only and does not constitute legal advice.
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