Arkaplan Görseli

Deed Dictionary

WordMeaning
BLOCKA block is defined as a collection of parcels surrounded by natural and artificial boundaries such as public streets, roads, canals, streams, lakes, seas, cadastral work area boundaries, or State Railways land. Block numbers start from 101 and follow sequentially until all parcels within the village boundaries are measured (BÖHYY.116).
AHZ-U KABZAMeans "to collect the payment." It is commonly used in powers of attorney and refers to the authority to collect the sale price.
FAMILY HOMEA family home is a residence allocated for the continuous use of a family. Article 19 of the Civil Code refers to the location of the family home as the "domicile." Accordingly, the domicile is the place where a family resides with the intent of permanence. A family cannot have more than one domicile at the same time, which means a family can only have one family home under the Civil Code. A family may own several properties in different locations, but only one of these qualifies as a family home under the Civil Code.
FAMILY ESTATEIt refers to a person allocating a house or immovable property suitable for agriculture or industry, along with its annexes, to their family to establish a protective entity (estate). A family estate is registered in the "remarks" column of the land registry (Civil Code, Article 386).
CONTRACTUAL TRANSACTIONSThese are transactions performed at the land registry office by drafting an official deed. Examples include sales, donations, partitioning, lifetime care agreements, mortgages, and easement rights. According to Article 26 of the Land Registry Law, ownership and other property rights are established and transferred through the execution of an official deed at the land registry office. Official deeds are not drafted for personal rights.
NON-CONTRACTUAL TRANSACTIONSThese transactions fall outside the scope of Article 26 of the Land Registry Law and involve acts such as annotation, cancellation, correction, modification, separation, consolidation, and inheritance transfer, which are performed at the land registry office based on the unilateral will of the right holder or owner. Instead of an official deed, a Registration Request Document is prepared for non-contractual transactions.
PUBLICITYTransparency. It refers to the principle that land registry information is open only to relevant parties.
MAIN REGISTERSThe main registers are the primary components of the land registry and consist of the following: a) land register, b) condominium register, c) journal book, d) official documents (official deeds, plans, court decisions, and others).
APPLICATION (LOCATION IDENTIFICATION)The re-indication of parcel corner points on the ground according to cadastral maps. (BÖHYY. 262. 19 Sy. M.83). It refers to identifying the boundaries of a parcel on the ground.
APOSTILLEThis signifies that a document has been certified by a competent authority in one of the countries that participated in the Hague Convention of 5 October 1961. If a document bears the phrase "Apostille (Convention de La Haye du 5 Octobre 1961)," it is recognized in Turkey without the need for authentication by the Turkish consulate in that location.
LANDA piece of ground with defined horizontal and vertical boundaries determined by adequate means.
LANDSLIDESee Civil Code, Article 709.
PLOTA piece of land designated as a building area within municipal or adjacent area boundaries or in village settlement areas according to planning.
PLOT SHAREThe share of common ownership on the land (plot) allocated to each independent section in buildings where floor ownership or floor easement has been established.
MILITARY SECURITY ZONEThese are areas established around public and private institutions by a decision of the Council of Ministers (Law No. 2565, Articles 3, 4, 19).
PROHIBITED MILITARY ZONEAreas of vital importance for national defense established by a decision of the Council of Ministers. These zones are classified as first and second-degree prohibited military zones. Properties within first-degree zones are expropriated. Foreign nationals cannot acquire property in second-degree prohibited zones; if acquired, the properties are liquidated (Article 9). Foreigners cannot lease properties in these zones without permission. Violators are penalized (Article 26). All unauthorized construction is halted by the competent command (Article 9).
REAL RIGHTSRights that provide individuals with direct control over a property and can be asserted against everyone. Example: Ownership rights.
COMMITMENT OF CAPITAL IN KINDThe transfer of ownership or a real right over an immovable property to a newly established or pre-existing company for the purpose of becoming a partner.
REVOCATIONThe termination of the authority granted to an attorney or representative through a power of attorney. Revocation can be performed through a notary or by submitting a petition to the land registry office. Once the revocation document reaches the land registry office, it is recorded in the revocation register. In transactions conducted through power of attorney, the revocation register must be checked to ensure the attorney's authority remains valid.
INDEPENDENT UNITIn places where condominium ownership or condominium servitude is established, independent units are the parts of the main property that are suitable for separate and independent use, such as residences, shops, and stores, each registered on a separate page in the condominium register.
INDEPENDENT AND PERMANENT RIGHTSSee. Individual and perpetual rights.
BALANCEThe remaining amount of a receivable.
APPLICATION RECEIPTA pre-printed form filled in by the director or officer that records the verbal requests of right holders who verbally apply to the land registry office to carry out contractual or non-contractual transactions. The application receipt is always prepared in duplicate, one copy is given to the applicant, and the other is kept in the file.
DECLARATIONNotations entered in the special column of the land registry to inform, enlighten, and especially warn third parties about the legal status and condition of the real estate.
BILAThe negative suffix in forms such as "-less, -free." For example, Bila interest: interest-free, Bila charge: charge-free.
ALLWhole, entire, all.
INTEGRAL PARTA part that completes an object and cannot be separated from it without damaging the main object. See. Component part.
FORCED EXECUTIONThe collection of an unpaid or unmet debt through the enforcement office.
FORCED SALEThe process of selling a debtor's immovable property with seizure or mortgage records through the enforcement office or creditor public authority to collect the debt, and registering it in the name of the auction winner.
TYPE CHANGEThe process carried out in the map and land registry to change the type of a property, such as from unbuilt to built, from built to unbuilt, or from vineyard, garden, etc., to land or vice versa.
STAMP TAXThe tax collected from land registry transactions as specified in Table 1 attached to the Stamp Tax Law No. 488.
AMENDMENTThe process of making the record in the land registry, which was initially correctly written, reflect the truth if it has lost its meaning and significance or has become different due to subsequent events. An example of an amendment is a type change. It differs from correction.
AMENDMENT TRANSACTIONSLand registry and cadastral transactions such as partitioning, merging, and type changes that require changes in cadastral maps are called amendment transactions.
RANKThe order in which mortgages are registered. The superiority of mortgages over one another is determined by the rank and order they occupy in the land registry, not by date and daily number. The superiority of mortgages over other rights, however, is determined by date and daily number. See. Mortgage rank.
STATE RESPONSIBILITYAccording to Article 1007 of the Civil Code, it means that the State is responsible for damages arising from the maintenance of the land registry, even if it is without fault. However, the registry officer is only responsible if they are at fault and to the extent of their fault.
TIME-SHARE PROPERTYAn easement right established in favor of each of the co-owners of a building or independent unit suitable for residential use, allowing them to benefit from this building or independent unit in certain periods of the year (in intervals) based on their co-ownership shares.
TIME-SHARE VACATIONThe right to vacation at certain dates, generally in tourist areas, without being tied to a property share. Each period can be used in different cities or countries at different times. This right has no relation to the land registry and is a personal right, not a real right.
REVOLVING FUND FEEThe fee collected for land registry transactions into the account of the TKGM Revolving Fund Management, the amount of which is re-determined annually by the revolving fund management board.
CORRECTIONThe process of correcting an incorrectly written record in the land registry in accordance with its documents.
ACQUIRED PROPERTY PARTICIPATION REGIMEIf spouses do not choose any property regime through a contract, the legal property regime to be applied between them is the statutory property regime according to the Civil Code (CC.218).
EDUCATION CONTRIBUTION FEEA tax levied on each real estate transaction to contribute to eight years of education.
ANNEXAn accessory, a movable item permanently allocated to the operation, preservation, or benefit of the main item according to the apparent intent of the owner or local customs, and attached to the main item by integration, attachment, or another form (CC.686). In buildings with condominium ownership, areas outside an independent section, such as coal rooms, garages, or storage spaces directly allocated to that section, are considered annexes.
JOINT OWNERSHIPWhen more than one person owns a property without clearly specified share ratios. See: Joint Ownership in Common.
DECLARED REAL ESTATE VALUEThe value stated in property declarations submitted to municipalities by property owners or shareholders during general declaration periods according to the Real Estate Tax Law. It is also called the registered value. When calculating the taxable base for title deed fees, the value reported to the directorate must not be less than the value calculated by applying the revaluation rate determined each year to this value.
LEGAL AGEAdulthood. The legal status attained by a person upon completing the age of 18 and turning 19.
SUPPORTING DOCUMENTSOfficial documents, such as official deeds, plans, court decisions, and others, that constitute the basis of the records in the land registry. Plans are archived in the cadastral directorate, and other documents are stored in parcel files at the land registry office.
FBK.An abbreviation used in the registration of mortgages meaning "until release is notified." Upon the creditor's request for release, the mortgage is removed from the registry. In mortgages with specified durations, such as three months or one year, the mortgage is not automatically removed upon expiration; the creditor's request is still required.
RELEASERemoval. To release: To remove.
WAIVERRelinquishment. The act of voluntarily or involuntarily giving up a right, with or without compensation.
TRANSFER OF OWNERSHIPAn act whereby the owner of real estate applies to the land registry office to transfer ownership or establish a right in favor of someone else by signing the official deed. This is also referred to as a declaration of transfer.
INHERITANCEThe inheritance provisions of the legal code called "Mecelle," applied in our country before the first Civil Code came into effect in 1926. In inheritance, the shares inherited by sons and daughters varied based on the type of immovable property, such as fields, vineyards, gardens, or houses. Generally, daughters received half, and sons received a full share.
LEGAL CAPACITYThe ability to acquire rights and undertake obligations by one's actions (CC.9). This requires being of sound mind and of legal age.
FINANCIAL LEASINGA lease where the lessor, upon the lessee's request and choice, acquires an item from a third party or by other means and grants its possession to the lessee for a specific term, under irrevocable conditions, in exchange for a rental fee. Financial leasing is annotated in the land registry.
PHOTOGRAMMETRIC MAPMaps created by interpreting aerial or satellite photographs, showing the terrain's slope (contour lines).
DECLARATION OF DEATHA court decision declaring a missing person deceased upon the request of heirs, in cases where the person's death is uncertain but they have been lost in a life-threatening situation or have been unheard of for a long time. Based on the declaration of death, a certificate of inheritance is obtained, and the inheritance is transferred.
IMMOVABLE PROPERTYLand, plots, independent sections, and other items that cannot be moved from one place to another and remain stationary. These are also called real estate. Immovable property records are kept in the land registry in areas with cadastral surveys and in registry books in areas without such surveys. Transfers of immovable property without deeds are conducted according to possession rules through private agreements or notaries.
ILLEGAL STRUCTUREUnauthorized construction on land or plots not owned by the builder, without adhering to zoning, construction regulations, or general provisions.
TEMPORARY ANNOTATIONA legal institution aimed at protecting existing rights from a hazardous future by granting time to prove ownership or complete missing documents in a title deed transaction.
CIRCULARGeneral orders issued by central administrations in sequence to address nationwide issues and clarify matters for directorates. The General Directorate of Land Registry and Cadastre resolves the issues of its affiliated units through circulars based on Article 28 of its Establishment Law No. 3045. Circulars cannot contradict regulations, statutes, or laws. Regional Directorates also have the authority to issue circulars.
NATURAL PERSONHuman beings.
RIGHTAn authority granted by law to individuals, exercisable at the discretion of the right-holder. From the perspective of property law, rights are divided into real rights and personal rights. Real rights can be asserted against everyone (e.g., ownership rights). Personal rights can only be asserted against the other party in a contract (e.g., rental rights).
LEGAL ELIGIBILITYThe ability to acquire rights and undertake obligations (CC.8). For this, being human is sufficient.
FEEThe money collected for title deed services as specified in the schedule (4) annexed to the Fees Law No. 492. Nowadays, title deed fees can be deposited in any branch of T.C. Ziraat Bank and Vakıflar Bank. Transactions cannot be completed without paying the fee, and the responsible officer is held accountable.
MAPA representation of the earth's surface or a part of it, drawn on a medium at a specific scale.
STATELESSA person who does not possess citizenship of any country.
STATE LANDLand owned by the Treasury. This includes both land registered in the land registry and unregistered land such as mountains, hills, rocks, lakes, rivers, and streams. Registered land is considered private Treasury property, while unregistered land is general Treasury property. Treasury lands can be sold via auction.
ZONING PLANThe implementation zoning plan is a plan that shows the building blocks, their density and layout, roads, and other details required for application, with the cadastral status also processed onto it. Regional Zoning Plan: A plan prepared for areas outside the boundaries of the existing zoning plan and not integrated with it, where social and technical infrastructure needs are provided within its structure.
ZONING IMPLEMENTATIONThe process of preparing zoning plans carried out by municipalities or governorships to ensure the formation of settlements and constructions in these areas in compliance with plans, technical, health, and environmental conditions, regulating all official and private structures to be built there.
LAND DEVELOPMENTMaking land that is not considered forest, under the sovereignty and disposal of the state, and not allocated for public service suitable for agriculture through expense and effort (Land Code Article 17).
USUFRUCT RIGHTThe right to fully benefit from and use a property.
REMAINING SHAREThe "remaining share." In partial transfers, it refers to the ownership share left with the owner, separate from the transferred share.
MORTGAGEA process where, for a credit or a potential debt to be secured, a real estate property is registered in the relevant column of the land registry with the debt amount and any interest. Mortgage Increase: The process of increasing the amount of an existing mortgage through an official document.
MORTGAGE-BACKED BONDA real estate lien bond established through registration in the land registry based on an official document for a personal claim, which has negotiable instrument capability.
TESTAMENTARY HEIRSHeirs designated by the will of the deceased rather than by law. E.g., Heirs specified in a will.
ANNUITY BONDA real estate lien bond established with limited liability to the real estate shown as collateral for a non-personal claim, only applicable to agricultural properties, houses, and plots for building construction, by registration in the land registry through an official document.
EASEMENT RIGHTA general term for limited real rights granting the holder the ability to use and benefit from a property. If established for the benefit of land, it is called a land easement right; if for a person, it is called a personal easement right.
EXPROPRIATIONThe old term for the word "expropriation." See: Expropriation.
OCCUPATIONThe acquisition of ownership of a property that was previously registered in the land registry but deleted at the request of its owner (Civil Code Article 707).
OPTION RIGHTThe right to purchase a property from its owner for a certain price within a specified period. This resembles a promise of sale, with the contract notarized and annotated in the land registry.
JOINT OWNERSHIPA situation where multiple people own a property without explicitly showing their share proportions. In the land registry, after joint owners are written, their names are placed in a common bracket, and the event causing the joint ownership (e.g., inheritance) is noted. See: Co-ownership.
DISSOLUTION OF JOINT OWNERSHIPThe process of terminating joint ownership, formed due to inheritance or other reasons, and transitioning to shared ownership (co-ownership).
OBJECTIONRefusing to accept the result of something and requesting it to be done differently. Objection to cadastral determination: Objections can be made to the cadastral commission about the issues specified in the cadastral records until these records are publicly announced.
GOOD FAITHNot having bad intentions to acquire or gain a right. The Civil Code assumes everyone to be in good faith unless proven otherwise (Civil Code Article 2).
PARTITION SALEIf co-owners cannot agree on the division of jointly or co-owned real estate, the property is auctioned by court decision.
CADASTREThe process of indicating the boundaries of real estate on land and maps and determining their legal status and associated rights (Land Code Article 1).
CADASTRE DIRECTORATEThe public administration responsible for determining the boundaries of real estate on land and maps based on the country's cadastral topographic map, establishing the land registry, and monitoring technical changes on the map.
CONCRETEIt means not being made of reinforced concrete, wood, or adobe.
EXISTINGExisting, present. In the ... neighborhood, an existing property with parcel number ...
PUBLIC COMMON PROPERTYProperties such as pastures, summer pastures, and winter pastures, designated for public use and registered in the special registry instead of the land registry.
EXPROPRIATIONIt is the process by which the state or other public legal entities seize all or part of privately owned real estate in cases where required by public interest, with the condition of paying compensation in advance.
LEGAL MORTGAGEA mortgage that is established by a legal provision. In certain transactions such as sales, partition, or life-care agreements, legal mortgage can be established.
LEGAL HEIRSHeirs as prescribed by the Civil Code (Art. 495 and following).
LEGAL PREEMPTION RIGHTThe preemption right foreseen by law. Co-owners of a property have the legal preemption right over each other's shares. It is not necessary to register the legal preemption right in the land registry. Being a co-owner is enough to have this right.
CARTEXCards that held the names of property owners. These were kept for a certain period instead of the landowner registry, but the practice has ended with the start of keeping information in computer systems.
CONDOMINIUM RIGHTSThe right established by the property owner or the shareholders of the land over the independent sections of a building to be constructed on that land, based on the land share, to establish an easement right as a prerequisite for the future condominium property.
CONDOMINIUM OWNERSHIPA type of property established on the independent sections of a completed building, according to the provisions of the condominium law, by its owner or joint owners. Condominium ownership is divided into vertical and horizontal (common) types.
REGISTERED VALUEThe value determined based on the Property Tax Law, revalued annually according to the revaluation rate. This is the value used in many land registry transactions. The declared value by the parties should not be lower than this value.
RIGHT TO WATER SOURCEThe right to benefit from water flowing on another person's land.
GUARDIANA representative appointed by the court for a specific task or to represent a person in a certain event. A guardian can be appointed for both natural and legal persons.
JUDICIALRelated to the judiciary, related to courts. Judicial authority: Court of law.
FINALIZATION CERTIFICATEA certificate required to enforce court judgments in the land registry. This certificate indicates that the judgment has become final, and is written below the decision, signed and stamped by the court president or judge.
COASTAL ZONE LINEThe natural boundary of areas formed by the water movement, such as sandbanks, gravel, rocks, marshes, and similar areas, on the landward side of the shoreline in seas, natural and artificial lakes, and rivers (Coastal K.4).
CONCORDATUMA liquidation method undertaken by a debtor in agreement with their creditors under court supervision. The time granted for the debtor to pay their debts is registered in the land registry, and during this time, the debtor has no right to dispose of the property.
CONTROLCadastre operations are controlled from legal and technical aspects by the officials in charge of the control and the technical control engineers (Cad.K.8). The land registry's technical processes are also controlled by technical engineers.
VILLAGE SETTLEMENT AREAAreas outside municipal and adjacent boundaries where villages and hamlets are located, where the outermost buildings are within a 100-meter boundary and designated by the Provincial Administrative Board (Article 11, Circular 19).
SKETCHA rough drawing of an area or parcel, showing buildings and structures, indicating the layout.
DRY OWNERSHIPIt means owning a property without having the right to use or benefit from it. Ownership is divided into dry ownership and usufruct rights. The value of dry ownership is 1/3 of the value of the property. The owner of dry ownership cannot lease the property, but the usufruct owner can.
ENHANCED PERSONAL RIGHTSPersonal rights that are treated similarly to real rights, making them enforceable against everyone by registering them in the land registry as annotations (or declarations).
Land RegistryLand registry books where rights such as land, independent sections, detached and permanent easements, and rights that can be established on them are written are called land registries. Examples include the title deed registry and the condominium registry.
Additional PageWhen any section of the land registry page of an immovable property is filled, the first empty page of the last registry of that neighborhood or village must be opened as a continuation of the filled page. This page is called an additional page.
Restricted PersonA restricted person is one whose ability to act on their behalf is limited due to legal restrictions. Persons under guardianship are considered restricted.
Separation of PropertyA property regime where the assets of the spouses are completely separate, either through an agreement made during or after marriage. (Civil Code, Article 242)
Joint PropertyA property regime where the ownership of jointly acquired properties is held by the spouses in common (as joint ownership). (Civil Code, Article 256)
Property RegimesA system accepted by law or contract that determines how spouses' properties will be divided when the marriage ends. There are four property regimes: participation in acquired property, separation of property, separation with division, and joint property.
Civil CodeThe law that regulated private legal relations before the Civil Code, which was in effect during the Ottoman Empire and was abolished in 1926 when the Civil Code came into effect.
PastureLand designated for the grazing of animals or use for pastures in one or more villages, or land that has been used for such purposes. It is registered in the public common property registry, not in the title deed registry. Unless the status of the pasture changes, it cannot be privately owned or acquired by prescription.
AuthorityOffice, public administration. Authorized authority: the competent authority.
MortgageProperty that has been pledged.
ApplicableIn effect, valid.
AbandonedDeserted.
Uncultivated LandLand that is not under anyone's control and has not been designated for the public's benefit is called uncultivated land.
LocationThe local name given by the villagers to the land in their village. Locations are also recorded in the land registry during the cadastral survey. For example: Ayazlı location, Bucak location, etc.
Referred toQuoted, mentioned.
RegionArea, place, jurisdiction.
InheritanceThe rights and debts that pass to the heirs as specified in the law after a person's death.
Inheritance PartnershipWhen heirs hold property in common (joint ownership) after a death.
Appointment of HeirWhen the deceased person, through a will, designates others as heirs in addition to the legal heirs. The person appointed as an heir is called an appointed heir.
Certificate of InheritanceA document issued by the court to heirs proving that they are heirs, which remains valid until proven otherwise. Inheritance certificate.
Transfer of InheritanceThe process of transferring the ownership of the deceased's property to the heirs as specified in the inheritance certificate. The property is considered to have passed to the heirs at the time of death, but the registration in the land registry is a formal process.
Renunciation of InheritanceThe act of an heir rejecting their share of inheritance by applying to the court within three months after the death of the deceased.
Division of InheritanceThe process of dividing inherited property among heirs. This process does not require the land registry office and can be done at a notary's office.
Renunciation of Inheritance RightsThe voluntary giving up of inheritance rights.
State-owned LandLand whose title is held by the state, but the usufruct rights are leased to others.
Specific PropertyA property or right left to someone else through a will. The person receiving the property is called a legatee.
MUHDESATA structure or tree belonging to someone other than the landowner on a piece of land. Olive trees in the Aegean region are examples of muhdesat.
MUKATAThe money paid annually to the foundation as ground rights in exchange for buildings, trees, and similar muhdesat on foundation land.
MUKATALI VAKIFA foundation where the bare ownership belongs to the foundation, but the right to use belongs to individuals.
MUKAYYETRecorded, registered.
MUKTEZA (INSTRUCTION)The instruction given by the regional directorate or General Directorate explaining how to resolve issues that land registry and cadastre directorates have doubts about and transfer to the regional directorate or General Directorate.
MUSALEHTestamentary creditor.
MUTASSARRIFOne who disposes of or uses.
MUVAZAAA simulated transaction made under a different name to deceive third parties by hiding its real name and nature. Example: Presenting a donation as a sale.
ADJACENT AREAAreas placed under the control and responsibility of municipalities in terms of zoning legislation. Adjacent area boundaries are determined by municipal council or provincial administrative board decision and approved by the ministry.
PERIODDuration, time.
SEPARATED PIECEDivided, separated.
OBLIGATED HEIRAppointing an heir through a will or inheritance contract with the obligation to transfer the inheritance to another. The appointment of an heir for immovable property is annotated in the land registry (Civil Code 521).
ENCUMBRANCEThe general name for obligations established against an immovable property. For example, immovable property encumbrance.
ANNOTATIONSThoughts. The Ottoman name for the "Thoughts column" where details related to a mortgage are written additionally.
PRIVATE LANDLand whose ownership belongs to real and legal persons. As is known, in state-owned land, only the right to benefit belongs to real and legal persons.
OWNERSHIPThe Civil Code has classified movable and immovable property in an ownership system according to their characteristics and brought provisions accordingly. Civil Code articles 704-761 regulate immovable property ownership, and articles 762-778 regulate movable property ownership. The right of ownership is the most comprehensive in rem right that gives its owner the authority to dispose of the property as they wish within the limits drawn by law. Article 36 of the Constitution, which regulates the right of ownership, states: "Everyone has the right to ownership and inheritance. These rights can only be limited by law for the public interest. The exercise of the right of ownership cannot be contrary to public interest."
ORIGINAL ACQUISITION OF OWNERSHIPThe acquisition of ownership without relying on the will of the previous owner. For example: prescription, occupation, formation of new land.
DERIVATIVE ACQUISITION OF OWNERSHIPAcquiring ownership by transferring from the previous owner, usually based on a legal relationship (contract). For example: sale, donation, exchange.
RIGHTS OTHER THAN OWNERSHIPRights that can be established in favor of third parties other than the owner, generally giving the right to benefit or monetize the property, and which can be asserted against everyone. Examples: easement rights, immovable property encumbrances, and pledge rights.
TRANSFERDeletion and registration in the land registry.
REGISTEREDRegistered, that which has been registered.
INDEPENDENT AND PERPETUAL RIGHTEasement rights such as surface rights or water rights that are established for at least 20 years or more, registered in a separate page of the land registry like an immovable property, and whose transfer to others or heirs is prohibited or subject to permission.
SUPPORTING DOCUMENTSupporting document. The power of attorney containing the authorization of attorney power in power of attorneys, issued by the principal.
APPURTENANCEAdditional facility that facilitates the use of immovable property. See Attachment.
JOINT ENTRANCESocial facilities, commercial spaces, swimming pools, tennis courts, heating centers, and similar immovable properties or independent sections can be designated as jointly used areas. The old land registry regulation called this a "joint entrance", while the new land registry regulation in article 26 uses the term "jointly used area". In the land registry's ownership column for jointly used areas, instead of personal names, the block and parcel numbers of the properties that will benefit are written.
JOINT OWNERSHIPJoint ownership occurs when multiple people own a property with shares. In joint ownership, each shareholder's share is shown in the land registry with fractions like 1/3, 2/5 opposite their name. See Shared ownership.
RECIPROCITYReciprocity. According to the Reciprocity Law: The principle of reciprocity means applying the same treatment to citizens of a country in Turkey as Turkish citizens receive in that foreign country. For a foreign national to conduct a land registry transaction in Turkey, citizens of their country must be able to conduct the same land registry transaction in Turkey.
INTEGRAL PARTComplementary part. According to local customs, it is a part that is a fundamental element of the main thing and cannot be separated from it unless it is destroyed, damaged, or its structure is changed (Civil Code 684). For example; a house's doors, windows, a car's battery, wheels, etc.
SUCCESSIVE LIABILITYConsecutive, chain-like responsibility. The creditor's right to demand payment from any of the debtors.
TRUSTEEPerson or persons assigned to manage a foundation.
MEMORANDUMA document written by judicial authorities to administrative authorities. Judicial authorities request the fulfillment of a matter or sending of certain documents through a memorandum. Ex/ Preliminary injunction memorandum, seizure memorandum.
TYPEType, genus, characteristic. In land registry books, the "type" column indicates whether the immovable property is related to a foundation. Ex: TYPE: From Basmacızade Foundation.
TRIGONOMETRIC POINTMain ground control points established in the terrain based on the country's geodetic network and used in map-making, with their locations previously calculated.
FOREST MAPContains forest cadastral maps prepared in accordance with Forest Law No. 6831 and related legislation. (Directive No. 19, Article 10)
FOREST CADASTREThe process of determining and mapping the boundaries of state forests, forests belonging to public legal entities, private forests, and all types of immovable properties within and adjacent to these forests.
FOREST BOUNDARY (OTS)The boundary between forest and non-forest lands. This boundary is determined by forest cadastre commissions or cadastre personnel. Border stones are placed on these boundaries and documented with a report and mapped.
COMMON AREASIn buildings with established superficial rights or ownership rights, common areas are spaces outside independent sections that are used for protection, joint use, or benefit. Examples include foundations, main walls, courtyards, stairs, corridors, heating, water, gas, and electrical installations. These are the common areas in the Ownership Rights Law and the jointly used areas (joint entrance) regulated in Article 26 of the Land Registry Regulation. See Joint entrance.
AUTOMATIONProviding all services to citizens through computer assistance by transferring land registry and cadastral information to computer environment.
RIGHT OF RESIDENCESee Right of habitation.
MEASUREMENTThe measurement process currently done with electronic devices to determine the boundaries of cadastral parcels.
MEASUREMENT SKETCHA sketch approximately drawn on printed paper, oriented to the north, showing all details of a cadastral block, measurement values, and measurement point numbers.
PRESUMPTION OF DEATHWhen a person disappears under circumstances where death is considered certain, even if the body is not found, their death can be recorded in the population registry by order of the highest local administrative official (Civil Code 44). This situation is called presumption of death.
DISPOSITION UPON DEATHTransactions whose legal effect and consequences are contingent upon the death of the person making the disposition. Ex/ Will, inheritance contract.
SPECIAL TRANSACTION TAXAlso known as earthquake tax. Provided for by Law No. 4481 dated 26/11/1999. According to this, a special transaction tax is levied at a fixed amount determined annually for all land registry transactions where fees are collected.
MAP SHEETA map of lands measured according to technical methods and reduced to a certain scale and drawn on a base. Original map sheets cannot be taken out of the office without the permission of the General Directorate. (Relevant Regulation 106) However, they can be redrawn when necessary. (Relevant Regulation 103)
PARCELA piece of land with boundaries defined on maps. If the map is a cadastral map, it is called a cadastral parcel; if it is a zoning map, it is called a zoning parcel.
PARCELLATIONThe process of dividing immovable properties to create zoning parcels, which may include allocating areas for public services such as roads, squares, green spaces, parks, parking lots, etc.
SHARE TRANSFERIn jointly registered immovable properties, the sale or donation of an as-yet-undetermined share from one co-owner (heir) to another co-owner.
SHARED PROPERTY SEPARATIONA property regime based on equal division between spouses upon termination of the regime, which involves assets acquired after signing such an agreement, dedicated to family's common use and benefit, and investments securing the family's economic future, along with their equivalent values (Civil Code 250).
SHARED OWNERSHIPJoint ownership is when multiple people own something (property) with clearly defined shares. See Joint ownership.
PLANA bird's-eye view drawing of a specific area at a certain scale. "Land registry plan" in the sense of Civil Code Article 719, see land registry plan, land registry map.
POLYGONSecondary ground control points established in the terrain based on the trigonometric network, used in map-making, with their locations previously calculated.
RAKABEBare ownership, naked ownership.
EX OFFICIOAutomatically, without any need for a specific request.
REJECTIONThe process by which the land registry directorate does not fulfill a request due to it being contrary to legislation or unable to be proven or documented, and notifying the requester in writing with the reasons for rejection.
PLEDGE RIGHTPresenting a property as collateral for a debt. In other words, a limited in rem right that gives the creditor the right to sell the pledged item through enforcement and receive their claim from the sale proceeds if the debt is not paid. Immovable property pledge has three types: Mortgage, mortgaged debt instrument, and income instrument.
OFFICIAL DEEDAn official contract prepared by an authorized officer at the land registry directorate for establishing and transferring immovable property ownership or other in rem rights, signed by parties and witnesses if necessary, and certified with the director's signature and seal.
RIZA-i FERAĞA situation where a person voluntarily comes with their own will, wishes to transfer their immovable property by signing an official deed, and requests its registration in the name of the buyer. In expropriation, if the owner does not voluntarily give up the property, a court decision must be obtained. This decision replaces the owner's consent.
RÜCÜReturning back. Condition of revocation in donation: The condition that the ownership of the property can return to the donor if the recipient of the donation dies before the donor. State's recourse: The Treasury demanding the entire or part of the compensation from the faulty land registry officer.
SENETSİZ TESPİTDuring cadastral survey, determining the ownership of the immovable property in the owner's name without relying on any document such as a land registry or tax record, based solely on the declaration of the village headman and expert witnesses.
SINIR DÜZELTMEThe process of correcting the error in parcel boundaries or the irregular shape between two parcels to enable better use of the property.
SINIR İHTİLAFIDispute over where the parcel boundary passes, either on the ground or on the map. This conflict can be resolved by requesting location indication from the cadastral directorate, requesting boundary correction, or filing a determination lawsuit in court. It is also possible to correct property encroachments related to boundary disputes by applying to district governorships or governorates (Law No. 3091).
SIRAThe sub-division of a degree. Rank is located within the degree in a mortgage. A rank can be formed when the degree becomes vacant, as well as by using the reserved amount.
SİCİLMeans register and ledger. Population register (Civil Code Articles 36, 41). Land registry (Civil Code Article 997). Land registry consists of main and auxiliary registers.
SİCİL BÖLGESİThe administrative boundaries of each district are a land registry district. Land registry books are kept based on neighborhoods or villages within this registry district.
SOYBAĞILineage. The blood connection between parents and children.
SÜKNA HAKKIRight of residence. The right to live or reside in a whole house or part of a house.
ŞAHSİ HAKLARRights that provide dominion over a thing based on another person's real right, due to a legal relationship, and therefore can only be asserted against the party of that legal relationship.
ANNOTATIONMatters written in the annotations column of the land registry to warn third parties, with the purpose of prohibiting or restricting the property owner's right of transfer, or strengthening personal rights. Examples include precautionary measures, seizure, promise of sale.
PRE-EMPTION RIGHTThe right to purchase a property with priority over other buyers when the property is sold. There are two types: legal pre-emption and pre-emption arising from contract. Co-owners of an immovable property have legal pre-emption rights against each other. While legal pre-emption does not require annotation in the land registry, pre-emption arising from contract must be annotated (Civil Code Articles 732, 735).
NATURAL PRODUCTSPeriodically obtained natural and legal products, and other yields deemed appropriate to obtain according to the purpose of a thing. In other words, natural products that a thing produces at specific times that can be utilized (Civil Code Article 685). For example, fruits of a tree, cotton harvested from a field.
NATIONALITYBeing a citizen of a state. Like being a citizen of the Republic of Turkey.
REGISTER VAULT BOOKA register in the land registry directorate where the general and special numbers of ledgers, minutes books, daily logs, official deed volumes, and auxiliary registers are recorded, with their start and end pages specified.
AMENDMENTChange or modification.
ALLOCATIONThe process of transferring an immovable property to eligible persons or organizations through an official letter, conditionally, to realize a specific and general purpose based on a legal provision. As specified in the Squatter Housing Law, Zoning Amnesty Law, and Settlement Law.
EXCHANGESettlement of monetary receivables. Exchange of immovable properties is not possible, but barter is possible. In practice, "exchange" is generally used to mean barter. The "exchange of immovable properties" authorization in powers of attorney can be interpreted as barter.
LAND REGISTRY INFORMATION SYSTEMLand registry and cadastre information system.
CONFIRMATIONWhen the owner or rights holder signs the official deed or registration request document in the presence of the land registry director by writing "I have read" it, this is called confirmation.
PARTITIONDivision of immovable property or rights among co-owners. Partition among heirs can also be done at a notary's office. In other cases, the partition process is carried out by drafting an official deed at the land registry.
ENCUMBRANCEThe general term for annotations, declarations, easement rights, property burdens, foundation indications, and pledges that restrict property rights. Means limitation. It is extremely beneficial for those buying an immovable property to carefully examine whether there are any encumbrances on the land registry.
ACKNOWLEDGMENTWhen a person applies to a population officer or court to accept and declare that he is the father of a child born out of wedlock.
ARRANGEMENTOrganization or preparation.
PROPERTY DEEDAn official document issued by the land registry directorate showing the owner of a specific piece of land or an independent section built on it, valid until proven otherwise. Also called a property title deed. Deed is also issued for perpetual and independent rights. Derived from the Turkish word "tapuk" meaning trust.
PROPERTY MAPA map drawn to a specific scale showing the geometric shapes of parcels. Also called a cadastral sheet. Urban planning and expropriation maps also acquire the status of a property map when registered with the land registry.
LAND REGISTRY BOOKEach of the registers kept on a village or neighborhood basis that constitute the land registry and show the real and personal rights on immovable properties (Land Registry Regulation 4/A-a).
LAND REGISTRY LEGISLATIONTexts such as laws, regulations, directives, guidelines, and circulars related to property transactions and the functioning of land registry offices. Such as the Civil Code, Land Registry Law, Land Registry Regulation.
PROPERTY PLANCadastral sheet, a map drawn to a specific scale showing the geometric shapes of parcels. See Property Map.
LAND REGISTRY DIRECTORATEDirectorates established in every province and district, responsible for conducting transactions and registrations related to immovable properties and maintaining the land registry in accordance with legislation.
LAND REGISTRYThe registry kept under the state's responsibility according to registration and transparency principles, showing the status of immovable property and rights thereon (Land Registry Regulation 4, Civil Code 997).
LAND ALLOCATION CERTIFICATEA document that will form the basis for deeds, recorded in the declarations column of the land registry, to be given to squatter settlement right holders after the zoning improvement plan is prepared as a result of zoning amnesty work.
LAND REGISTRY AND CADASTRE REGIONAL DIRECTORATEThe upper unit to which cadastre and land registry directorates are affiliated. Regional directorates consist of land registry branch directorate, cadastre branch directorate, administrative and financial affairs branch directorate, and audit unit.
LAND REGISTRY AND CADASTRE GENERAL DIRECTORATEA public institution with a separate budget within the general budget, responsible for conducting all kinds of transactions, registrations, cadastral, and renewal works for immovable properties in accordance with legislation, and organizing, implementing, and renewing land registries and cadastral topographic maps.
LAND SURVEYINGThe old name for cadastre. See Cadastre.
FIELDLand and land parcels used for agricultural activities are considered fields.
DISPOSITIONUsing the powers granted by property rights over a property or right. Selling, donating, mortgaging an immovable property, establishing an easement right, or canceling these rights means disposition.
CORRECTIONThe process of correcting an incorrect registration in the land registry. See Amendment.
MOVABLE PROPERTYItems that can be moved from one place to another without damaging their essence (Civil Code 686). For example, automobiles, animals, books, etc.
IMMOVABLE PROPERTYProperties that are fixed in place and cannot be moved from one place to another without causing damage to their essence.
COMPENSATION FEESee Foundation compensation fee.
CLARIFICATIONExplanation, elucidation. Clarifying unclear points in court decisions by the judge adding a note under the decision.
NOTIFICATIONWritten communication, announcement. One of the ways to inform parties about the result of a process. Verbal notification is called "verbal", written notification is called "notification". Notification through newspaper is called "public notification". Notification for those with unknown addresses is done publicly. See Notification Law.
TRANSFERThe change of ownership of immovable property through means such as sale, donation, or barter.
ACCESSORIESAttachments. A movable property that is permanently dedicated to the main thing for its operation, protection, or benefit, according to the owner's discernible intention or local customs, and attached to the main thing by joining, mounting, or other means (Civil Code 686). For example, a bicycle pump, a horse's saddle.
SEGREGATIONUsed in power of attorney for establishing floor easement and floor ownership, meaning the separation and distribution of independent sections among co-owners.
TECHNICAL ERRORTechnical errors in measurement, drafting, and calculations of immovable properties that do not involve changes in qualification or ownership. These errors can be corrected by the interested party's application or ex officio by the cadastre directorate.
ACQUISITIONObtaining property, acquiring property.
TRANSFER OF OWNERSHIPGiving as property, transferring ownership to another person for a certain price.
REPRESENTATIONThe authority granted by law or by the individuals themselves for others to act on behalf of a real or legal person.
APPEALRequesting a court decision to be reviewed by a higher court. If an objection is made to the court decision by petition within the specified time, this decision will be examined through appeal by the Supreme Court.
MENTAL CAPACITYA person having their mental faculties intact. Being able to behave like a normal person.
EXECUTIONMeans implementation or carrying out. Execution of a will: Means fulfilling the will.
REDUCTIONReduction. A lawsuit filed to cancel the disposition made during the lifetime of the deceased in case of violation of the reserved share in inheritance.
CANCELLATIONThe process of crossing out a registered right in the land registry with a red ink pen and writing the cancellation date and registration number.
DRAWINGDrawing. Transferring the measured values from the field onto a baseline of specified dimensions and type as specified in the regulations.
REGISTRATIONRegistration means writing into the land registry. After fulfilling the requirements of real and personal rights, they are registered in the registry with a date and registration number. Registration is usually done by hand with black or blue ink in book letters. However, some notes (such as zoning application, expropriation) can be stamped in the remarks and declarations column. Except for unregistered acquisitions, real rights are acquired through registration in the land registry.
REGISTRATION REQUEST DOCUMENTA printed document containing the request for registration, signed and sealed by the owner or rights holder, the preparing officer, and the director, used in transactions that do not require official deed preparation.
ESTABLISHTo set up, create, or establish. To establish a mortgage: To create a mortgage.
ASSOCIATIONTo make someone a partner, to participate.
CONSOLIDATIONIt is the process of merging multiple immovable properties, which are registered separately in the land registry, into one title deed and creating a single parcel.
SUBSTITUTIONIt is the power of an attorney to transfer the powers granted to them to others via a new power of attorney.
COMMERCIAL ENTERPRISE MORTGAGEMerchants, industrialists, tradespeople, and artisans can mortgage their entire business as collateral for loans. This mortgage is registered under the commercial or artisan registry. If the mortgage concerns real estate, it is shown in the declaration column of the land registry.
LAND CONSOLIDATIONIt is the process of combining fragmented, scattered, or distorted land into a single unit to improve production techniques, make better use of land, and enable conservation and agricultural irrigation. This is regulated by Law No. 3083.
EXCHANGEIt is the process of exchanging one good for another. The goods being exchanged can be either movable or immovable.
LEGAL ENTITYA legal entity (juridical person) refers to institutions, organizations, and establishments recognized as persons by law, even though they do not have a physical existence like real individuals. Legal entities are divided into public legal entities (such as the state, municipalities, and institutions like the State Hydraulic Works) and private legal entities (such as companies, cooperatives, foundations, associations, trade unions, and political parties).
IMPLEMENTATION ZONING PLANIt is a plan drawn on officially approved current maps, with cadastral details where available, based on the principles of the master zoning plan. The implementation zoning plan includes the zoning areas, their intensity and order, roads, and other necessary information to create the application steps and development programs for zoning, showing all the details of the areas.
CITIZENSHIPNationality, being a citizen of a country.
RIGHT OF SURFACEIt is the right to build on or maintain an existing building on land owned by someone else.
FOUNDATIONA foundation is a legal entity created by a court decision, where sufficient property or rights are allocated by real or legal persons for a specific and continuous purpose. The foundation's assets are held in a collective manner (MK.101). True foundation: A real estate owned by a person is endowed. False foundation: The usufruct of state-owned public lands, which are owned by individuals, is endowed. FOUNDATION NOTE: It is an annotation written in the "type" section of the land registry page to indicate the property’s relation to the foundation. Example: "From the Sultan Beyazıt Foundation."
FOUNDATION NOTEIt is an annotation written in the "type" section of the land registry page to indicate the property’s relation to the foundation. Example
FOUNDATION EXCHANGE FEEIt is a fee determined for the transformation of foundation assets into property and for the transfer of ownership to the administrator (person exercising control). This fee is currently fifty percent of the property's value. The transfer of rights cannot be made unless this fee is paid to the foundation.
GUARDIANThe legal representation assigned to minors or restricted individuals who are not under guardianship, as determined by a judicial decision. The individual representing the restricted person is called a guardian.
EXECUTOR OF A WILLThe person appointed to enforce the provisions of a will.
WILLA legal act in which a person who is over 15 years old and has mental competence can leave their entire estate or part of it to others, to take effect after their death. A will can be made in three forms: official, handwritten, and oral.
RIGHT OF RETURNThe right of the seller to repurchase the real estate from the buyer. The right of return is recorded in the land registry.
RIGHT OF REVERSIONIn old law, it refers to the mortgage of real property.
CUSTODIANUnderage children under 19 years old, who have not yet reached adulthood, are represented by their parents. This legal representation is called guardianship, and the parents who carry out the guardianship are called custodians. According to Article 335 of the Civil Code: "A minor child is under the custody of their mother and father...". If the marriage continues, the parents share the custody.
SUCCESSION (INHERITANCE) CERTIFICATEA document issued by the civil court that shows the heirs of the deceased property owner. It is a valid document until proven otherwise, showing the identity of the heirs for the transfer of inheritance to them. A succession decree is different from the inheritance certificate in that it is given after a contested trial, and it must become final to be executed.
TAX NUMBERA tax identification number obtained from tax offices for tax-related purposes. The land registry office must request the tax number from the parties involved in property transactions and write it on the back of the official document they prepare.
Usufruct RightThe right to use and benefit from someone else's real estate for a certain period or indefinitely. (See Usufruct Right)
SUPPLEMENTARY REGISTRIESAlso called subsidiary registers. These include the following: a) Property owners register, b) Dismissals register, c) Corrections register, d) Public common property register.
LEGAL PROPERTY REGIMEIt is the property regime of acquired assets. If the spouses have not chosen any property regime by agreement, they are considered to have chosen the legal property regime as per the Civil Code.
NEW LAND FORMATIONIt refers to the newly formed land in unowned areas due to reasons like accumulation, filling, landslides, or changes in the bed or level of public waters, suitable for use. These lands are considered state property.
RENEWALIt is the process of renewing cadastral or survey maps that have become insufficient for technical reasons, lost their applicability, or need corrections, along with corresponding amendments in the land registry.
RESIDENCEIt is the place where a person resides with the intent of staying permanently. Residence address. (CC.19).
AUTHORIZATION CERTIFICATEIn accordance with Article 2 of the Land Registry Law, it is a document requested from legal entities during land registry transactions, indicating that the entity is authorized to dispose of real estate and specifying the authorized representatives. Associations and unions obtain this certificate from the district governor or the governor, companies from the trade registry office, and foundations from the General Directorate of Foundations. This certificate is generally valid for one year.
JOURNALThe journal is the register where every transaction related to land registry and rejected requests are recorded according to the date and sequence number. This number and date are also noted in the land title deed during registration or cancellation.
TRANSFER TO ROADIt is the process of transferring the whole or part of a real estate to the public for road, green space, or park purposes, with or without compensation, during the implementation of zoning plans by the property owners.
DEPRIVED LAND DUE TO ROADIt is the process of registering a real estate, which became unfit due to road closure, to the relevant authority, like the municipality, village, General Directorate of Highways, or the Treasury, according to the new cadastral map.
MANAGEMENT PLANIt is a document signed by all property owners of a building or site under condominium ownership that regulates how the building or site will be managed, as well as the rights, obligations, and responsibilities of the owners. It can be changed with the decision of four-fifths of the property owners.
MINUTES BOOKIt is a book where unregistered real estate properties are recorded, and the rights to be established on them are followed. In areas with cadastral registration, the title registry replaces this book. Boundaries of the properties are indicated as "East: ....., West: ....., North: ....., South: ....". Each property does not have a separate page; each transaction is recorded in a sequence, and the documents related to each transaction are kept in an envelope with the date and day noted.
STATUTE OF LIMITATIONS (PRESCRIPTION)It refers to the period set by law for acquiring or losing a right. In real estate law, there are two types: ordinary statute of limitations and extraordinary statute of limitations.
LOSSIt refers to the loss or disappearance of a document. If a title deed or mortgage document is lost, a new one can be issued.
POSSESSIONPossession is the act of establishing physical control over an object (property) based on the intent to possess. Examples of possession include using or holding an object. Possession has two elements: a) The intent to possess, b) Actual control. Possession is divided into: a) Original possession: Possessing a property as an owner and with the intention of ownership is called original possession. b) Derivative possession: Possessing a property based on a limited real or personal right is called derivative possession.
AGRICULTURAL MORTGAGEIt is a mortgage transaction established when agricultural credit cooperatives or the Turkish Agricultural Bank provides loans to farmers and real estate is used as collateral.
MANDATORY EARTHQUAKE INSURANCEIt is the insurance of residences, houses, or independent sections of a building against earthquakes by authorized insurance companies. The land registry offices must check if this insurance is in place during the title deed transaction and write the policy number in an appropriate place on the official deed.
Facebook Instagram Linkedin Youtube
RE/MAX DEHA RE/MAX DEHA LOGO
Facebook Instagram Linkedin Youtube