When buying or selling a property in Fethiye, it is a great mistake to think that the process consists only of the signature at the land registry office. In order both to protect your investment and to prevent legal disputes that may arise later, a careful examination before the title deed transfer is essential. So what should you watch for in title deed procedures in Fethiye?
1. A Detailed Examination of the Land Registry Records (Annotations and Declarations)
Examining the land registry record should be your first step before buying a property. Annotations, declarations or easement rights appearing in the record may show that there are restrictions on the property of which you are unaware. Under the principle of publicity of the land registry, anyone may examine the register, but interpreting the technical details always requires the support of a lawyer. Be sure to have it checked whether there is an attachment, a mortgage or a family residence annotation on the property.
2. The Obligation to Make an Administrative Application
Where a technical correction such as an error in a name or surname in the land registry record was required, we had to try the administrative routes rather than going straight to court. As emphasised in the decision of the 1st Civil Chamber of the Court of Cassation with case no. 2016/3384 and decision no. 2016/3117, under the Land Registry Regulation that entered into force after 2013, applying first to the relevant Land Registry Directorate for correction procedures in the land registry records was a precondition for bringing an action. Actions brought without following this procedure were dismissed on procedural grounds. Following the decision of the Constitutional Court, however, this situation no longer applies.
3. Transactions “Economically Equivalent to a Sale”
In the construction agreements in return for a land share or the private contracts we frequently encounter in Fethiye, some transactions may give rise to a right of pre-emption (şufa) in law even though they are not called a “sale”. As Okur (2019) states in their study, the phenomenon of pre-emption is present in every transaction that is economically equivalent to a sale. For this reason it is important to bear these risks in mind when your contract is being drawn up.
4. The Openness of the Land Registry and the Right to Obtain Information
It should not be forgotten that the land registry is open to everyone, but that in order to reach information belonging to another person the condition of “making one’s interest credible” is required. When making an investment in Fethiye, having the chain of ownership in the property’s history and any potential legal obstacles analysed through a lawyer protects you from ownership disputes that may arise later.
5. Security of Property in the Light of ECtHR Case Law
The right to property is protected by the European Convention on Human Rights (ECHR). Errors in cadastral measurement or uncertainties in the boundary of ownership can lead to lengthy court proceedings. In regions such as Fethiye that lie along the coast or have a special zoning status, confirming the zoning status and the cadastral boundaries of the property is indispensable for the protection of your right of ownership.
Legal Support in Title Deed Procedures in Fethiye
Title deed procedures are not a simple bureaucratic process but a serious financial and legal responsibility. We recommend that you work with a law office so as not to suffer harm in your property purchase and sale processes in Fethiye and to have your title deed examinations carried out from a professional perspective.
Contact Us for Legal Support: You may contact our office for professional advice on property law, actions for the cancellation of the title deed and re-registration, and contract management.
