{"id":10077,"date":"2026-09-29T13:47:01","date_gmt":"2026-09-29T10:47:01","guid":{"rendered":"https:\/\/sukrukose.com\/fethiye-title-deed-lawyer\/"},"modified":"2026-10-01T01:34:17","modified_gmt":"2026-09-30T22:34:17","slug":"fethiye-title-deed-lawyer","status":"publish","type":"page","link":"https:\/\/sukrukose.com\/en\/fethiye-title-deed-lawyer\/","title":{"rendered":"Fethiye Title Deed Lawyer"},"content":{"rendered":"<p class=\"lede\">One of the fields in which K\u00f6se Hukuk B\u00fcrosu (K\u00f6se Law Office) works is title deed and immovable property law; disputes arising from the land registry, co-ownership in shares, transfer by inheritance and construction contracts in return for independent units all fall within this field. This page brings together the questions asked by people who buy or sell immovable property in Fethiye and Mu\u011fla, or who encounter a problem with a land register record: what is examined before a transfer, which matters are resolved at the land registry office and which before the courts, and where the restrictions particular to the region come from.<\/p>\n<p>The explanations below are for general information; the land register record, zoning status and history of every immovable property are particular to it. Sections that refer to legislation carry a date stamp; when a provision changes, the relevant section is revised and the date is updated.<\/p>\n<nav class=\"toc\" aria-label=\"Page contents\">\n<ul>\n<li><a href=\"#kimin-icin\">Who is this page for?<\/a><\/li>\n<li><a href=\"#calisma-alanlari\">Which matters do we work on in title deed and immovable property law?<\/a><\/li>\n<li><a href=\"#zorunlu-mu\">Is representation by a lawyer compulsory in a title deed transfer?<\/a><\/li>\n<li><a href=\"#kontrol\">What is checked before a title deed transfer?<\/a><\/li>\n<li><a href=\"#fethiye\">Which problems arise most often in Fethiye and Mu\u011fla?<\/a><\/li>\n<li><a href=\"#surec\">How does the process proceed?<\/a><\/li>\n<li><a href=\"#mahkeme\">Which court has jurisdiction, and which claims are subject to mandatory mediation?<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Contact<\/a><\/li>\n<li><a href=\"#yasal-uyari\">Legal notice<\/a><\/li>\n<\/ul>\n<\/nav>\n<h2 id=\"kimin-icin\">Who is this page for?<\/h2>\n<p>The questions most often asked about title deeds and immovable property fall into a few typical situations. What these five situations have in common is that the problem usually lies not in the record itself, but in the administrative and factual position behind it.<\/p>\n<ul class=\"check\">\n<li><strong>You are about to buy.<\/strong> Before signing a contract, you want the land register record, the annotations on it and the zoning status to be examined.<\/li>\n<li><strong>Your title deed has been cancelled, or proceedings have been brought against you.<\/strong> You have come up against a measure arising from the cadastral survey, from forest delimitation or from the shoreline boundary line.<\/li>\n<li><strong>You hold a share in an immovable property.<\/strong> The co-owners cannot reach agreement on use or on sale.<\/li>\n<li><strong>Immovable property has passed to you by inheritance.<\/strong> You want to know how registration is carried out and by which route the division will be concluded.<\/li>\n<li><strong>You are abroad.<\/strong> You wish to carry out the transaction through a power of attorney.<\/li>\n<\/ul>\n<h2 id=\"calisma-alanlari\">Which matters do we work on in title deed and immovable property law?<\/h2>\n<p>The headings below show the subjects the office works on in the field of immovable property law; the order does not indicate priority.<\/p>\n<div class=\"grid\">\n<div class=\"card\">\n<h4>Cancellation of a title deed and registration<\/h4>\n<p>Wrongful registration, muris muvazaas\u0131 (an ostensible sale made by the deceased in order to keep assets from an heir), misuse of a power of attorney, objection to the cadastral determination, and claims based on a fiduciary agreement.<\/p>\n<\/div>\n<div class=\"card\">\n<h4>Dissolution of joint ownership<\/h4>\n<p>Concluding the division in kind or by way of sale; determination of the ownership of structures built on the land (muhdesat). For detail, see <a href=\"https:\/\/sukrukose.com\/en\/dissolution-of-joint-ownership-land-sale\/\">the division of jointly owned immovable property and the dissolution of joint ownership process<\/a>.<\/p>\n<\/div>\n<div class=\"card\">\n<h4>Pre-emption right (\u015fufa)<\/h4>\n<p>The right that the other co-owners may exercise through court proceedings where a co-owner sells their share to a third party, and the periods that apply to it.<\/p>\n<\/div>\n<div class=\"card\">\n<h4>Promise to sell immovable property<\/h4>\n<p>Annotation in the land register of a contract drawn up before a notary, and the effect of that annotation on third parties.<\/p>\n<\/div>\n<div class=\"card\">\n<h4>Transfer by inheritance and division of the estate<\/h4>\n<p>Certificate of inheritance, registration of the transfer, and division of the estate of the deceased.<\/p>\n<\/div>\n<div class=\"card\">\n<h4>Construction contracts in return for independent units<\/h4>\n<p>Formation of the contract, the consequences of invalidity and of termination, transfer of the land share; for detail, see <a href=\"https:\/\/sukrukose.com\/en\/unilateral-termination-construction-contract\/\">the position of the land register record where the contract is terminated<\/a>.<\/p>\n<\/div>\n<div class=\"card\">\n<h4>Conservation and restriction regimes<\/h4>\n<p>The effect on the land register record and on the transfer transaction of restrictions arising from protected site status, the shoreline boundary line and the forest cadastre.<\/p>\n<\/div>\n<div class=\"card\">\n<h4>Acquisition of immovable property by foreign nationals<\/h4>\n<p>The military prohibited zone enquiry, transactions conducted remotely under a power of attorney, and registration following the transfer.<\/p>\n<\/div>\n<\/div>\n<p>These headings may intersect on one and the same record. A jointly owned plot received through inheritance raises at the same time a question of transfer, a question of dissolution of joint ownership and a question of zoning status; for that reason the examination begins not with a single transaction but with the record as a whole. For a practical summary of the whole, see <a href=\"https:\/\/sukrukose.com\/en\/seven-legal-points-buying-property-fethiye\/\">the pre-purchase title deed checklist<\/a>.<\/p>\n<p>Some of these matters are resolved without going to court. Situations such as a material error in the record, a mistake in a name or surname, or a discrepancy in the surface area are dealt with first by an administrative application to the land registry office; where ownership itself becomes contested, the route is court proceedings. Separating at the outset which matter goes through which door determines the procedure to be followed and the documents that will be needed.<\/p>\n<div class=\"cta\"><span class=\"t\">Do you have a question about your immovable property?<\/span><p>You can reach the office through the channels below.<\/p><div class=\"btns\"><a class=\"btn\" href=\"tel:+905383176848\">Phone<\/a><a class=\"btn o\" href=\"https:\/\/wa.me\/905383176848\" rel=\"nofollow noopener\" target=\"_blank\">WhatsApp<\/a><a class=\"btn o\" href=\"https:\/\/sukrukose.com\/en\/communication\/\">Contact form<\/a><\/div><\/div>\n<h2 id=\"zorunlu-mu\">Is representation by a lawyer compulsory in a title deed transfer?<\/h2>\n<div class=\"answer\"><span class=\"big\">No.<\/span><\/p>\n<p>As at 29 September 2026, there is no provision in force in Turkish law requiring the parties to be represented by a lawyer when immovable property is transferred at the land registry office. The cases of compulsory representation by a lawyer under the Attorneyship Act no. 1136 (1136 say\u0131l\u0131 Avukatl\u0131k Kanunu) do not cover title deed transfer transactions; and the Land Registry Act no. 2644 (2644 say\u0131l\u0131 Tapu Kanunu) and the Land Registry Regulation (Tapu Sicili T\u00fcz\u00fc\u011f\u00fc) do not require the representative to be a lawyer where the transaction is carried out through an agent. Anyone may act as an agent under a power of attorney drawn up before a notary.<\/p>\n<\/div>\n<p>So where does the public perception of a &#8220;compulsory lawyer at the land registry&#8221; come from? Its source is the statement made by the Minister of Justice, Ak\u0131n G\u00fcrlek, on 3 March 2026. The Minister said that they wished to introduce a requirement of representation by a lawyer in land registry transactions above a certain value, and made this conditional on Parliament showing its will in the same direction. That is the stage of a legislative proposal.<\/p>\n<p>The measure known publicly as the 12th Judicial Package was enacted as Act no. 7589 and published in the Official Gazette of 31 July 2026, no. 33326. That Act amended thirteen statutes; the Attorneyship Act no. 1136 and the Land Registry Act no. 2644 were not among those thirteen. The provision did not make it into the final text.<\/p>\n<p>A frequently confused matter should also be distinguished. Under article 35 of the Attorneyship Act no. 1136, certain joint stock companies and building cooperatives are under an obligation to retain a lawyer under contract. That has nothing to do with the transfer transaction at the land registry counter, and it does not cover purchases and sales by natural persons.<\/p>\n<p class=\"stamp\">This section was updated on 29.09.2026. Should there be a change in the legislative process, the section will be revised.<\/p>\n<h2 id=\"kontrol\">What is checked before a title deed transfer?<\/h2>\n<p>An examination before the transfer makes visible in advance a large part of the disputes that can arise once the transaction is complete. The following are the minimum headings looked at through the land register and the administrative records.<\/p>\n<ul class=\"check\">\n<li><strong>Owner and share position.<\/strong> Whether the owner in the register and the seller are the same person, the share ratios, and the pre-emption right of the other co-owners.<\/li>\n<li><strong>Annotations, declarations and easements.<\/strong> Attachment, mortgage, family residence annotation, annotation of a promise to sell, lease annotation, rights of way and water source easements. For detail, see <a href=\"https:\/\/sukrukose.com\/en\/five-critical-points-title-deed-fethiye\/\">the examination of annotations and declarations in the land register record<\/a>.<\/li>\n<li><strong>Zoning status and occupancy permit.<\/strong> The function of the plot under the zoning plan, the building conditions, the occupancy permit, and whether condominium ownership has been established.<\/li>\n<li><strong>Cadastral boundary and setting out.<\/strong> Whether the area used on the ground matches the boundaries in the register, and the possibility of encroaching construction. On rural plots, a difference between the measurement and actual use is a common source of dispute.<\/li>\n<li><strong>Conservation and restriction statuses.<\/strong> Protected site, shoreline boundary line, forest boundary, and records of areas with special status.<\/li>\n<li><strong>Risky building record.<\/strong> Whether a risky building determination has been made in respect of the building, and the stage the process has reached.<\/li>\n<li><strong>The declared transfer price.<\/strong> Whether the price shown at the land registry reflects the actual transfer price has consequences both in tax terms and in terms of proof; for detail, see the difference between the price declared at the land registry and the actual transfer price.<\/li>\n<\/ul>\n<p>The last item took on additional importance in 2026. Under provisional article 23, added to the Real Estate Tax Act no. 1319 by Act no. 7566 (Official Gazette 19.12.2025, no. 33112), the 2026 tax values of buildings and land may not exceed the 2025 value by more than twice that value, that is to say three times that value in total. This ceiling limits the minimum tax base of the title deed fee, which is charged at 20 per thousand separately from the buyer and from the seller under tariff no. 4 annexed to the Fees Act no. 492. The rate has not changed; what has changed is the lower limit of the base.<\/p>\n<p>Some of these items are read from the land register, some from municipal and cadastral records, and some from documents held by the conservation board. The land register record and the encumbrances on it are not open to everyone; the record may be seen by the owner, by an agent authorised by the owner, or by a person who can document a legal interest. In practice, the buyer examines the record under an authorisation given by the seller through Web Tapu (the online land registry system). A seller&#8217;s refusal to allow this does not in itself lead to any consequence, but it is a sign to be treated with care. For the steps followed during the transfer, see <a href=\"https:\/\/sukrukose.com\/en\/title-deed-procedures-fethiye-2026\/\">how title deed transfer procedures work step by step<\/a>.<\/p>\n<p>When and how payment is to be made is also put in writing in advance. Where the transfer and the payment do not take place at the same time, the security on which the parties rely must appear in the contract. The Secure Payment System at the Land Registry (Tapuda G\u00fcvenli \u00d6deme Sistemi, TG\u00d6S) operated by the Tapu ve Kadastro Genel M\u00fcd\u00fcrl\u00fc\u011f\u00fc (General Directorate of Land Registry and Cadastre) is one route that can be used for this purpose; since the scope of the system may change in the legislation, the position as at the date of the transaction should be checked separately.<\/p>\n<p>Finally, by Act no. 7579, which entered into force on 22 May 2026 (Official Gazette 22.05.2026, no. 33261), Additional Article 4 was added to the Land Registry Act no. 2644: valuation reports drawn up under housing finance and capital markets legislation are sent by the banks and financial institutions that commission them to the General Directorate of Land Registry and Cadastre, electronically and free of charge, on the date on which they are drawn up. This is a data transfer obligation; it places no new document or application burden on the person buying or selling immovable property.<\/p>\n<h2 id=\"fethiye\">Which problems arise most often in Fethiye and Mu\u011fla?<\/h2>\n<p>Immovable properties in and around Fethiye carry a density of restrictions that is not encountered everywhere in the country: the coastal strip, conservation areas, forest boundaries and tourism-purpose plans can all overlap on the same plot.<\/p>\n<details>\n<summary>\n<h3>How does the shoreline boundary line affect immovable property?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>Under the Coastal Act no. 3621, shores are under the sovereignty and disposal of the State and cannot be the subject of private ownership. Areas determined to fall on the seaward side of the shoreline boundary line may be subject to cancellation of the title deed even though they appear in the register. On plots close to the shore, the shoreline boundary line map held by the administration is examined alongside the land register record.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>Why is construction in a protected site subject to a separate procedure?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>Conservation-purpose zoning plans may restrict construction plot by plot; in first-degree archaeological and natural protected sites an absolute building prohibition may apply. The scope varies according to the degree of protection and the provisions of the plan: of two neighbouring plots, one may be closed to construction while the other is open to limited construction. The most common misconception is the assumption that conservation status is always visible in the land register; the status is most often read from the plan and from board decisions. For detail, see <a href=\"https:\/\/sukrukose.com\/en\/land-in-protected-site-options\/\">the scope of construction restrictions in protected sites<\/a>.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>What period runs for title deeds cancelled on account of the forest cadastre?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>By article 14 of Act no. 7584 (adopted 11.06.2026; Official Gazette 20.06.2026, no. 33286), Additional Article 22 was added to the Forest Act no. 6831. Immovable properties registered in the name of the Treasury after the title deed was cancelled by a final court judgment, or was voluntarily surrendered, may be returned if their former owners or their successors apply to the administration by 20.06.2028. Where a price was previously paid, the total payment must be repaid to the Treasury, and that amount may not be less than the current market value of the immovable property.<\/p>\n<p>The scope is limited; it does not apply to a range of immovable properties, including in particular:<\/p>\n<ul>\n<li>culture and tourism conservation and development regions, tourism centres and tourism areas declared under Act no. 2634<\/li>\n<li>olive grove areas<\/li>\n<li>immovable properties classified as pasture<\/li>\n<li>burnt forest areas and forest areas with special status<\/li>\n<\/ul>\n<p>Since in Fethiye the tourism area exception can determine the outcome on most plots, whether each immovable property falls within the scope must be examined separately. The article does not mean that everyone in the region can recover their title deed.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>What is happening with jointly owned tourism and holiday plots?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>Plots acquired through the sale of shares and held by many co-owners are widespread in the region. As the number of co-owners rises, decisions on both sale and use become harder; claims for the dissolution of joint ownership most often arise from this.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>Why do the landowner and third parties come into conflict in construction in return for independent units?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>In the model in which the land share is transferred to the contractor, where the contractor fails to perform its obligation, the rights of the landowner conflict with the rights third parties have acquired in reliance on the land register. The delivery date, which share is to be transferred and when, and whether the contractor may sell on to third parties the shares it has taken over, are the decisive clauses of the contract. Where those clauses are left incomplete, the subject matter of proceedings brought years later is most often the thing that was never written down.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>Can muris muvazaas\u0131 be raised in respect of unregistered immovable property?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>Muris muvazaas\u0131 (the claim that the deceased made an ostensible sale in order to keep assets from an heir) may, under the Decision on the Unification of Case Law of the Yarg\u0131tay (Court of Cassation) dated 1.4.1974, be raised only in respect of immovable properties recorded in the land register. In respect of unregistered immovable property this claim will not be heard; where the conditions are met, only abatement (tenkis) is available. In the countryside around Fethiye, where there are immovable properties outside the cadastre and held on the basis of possession, this distinction has practical consequences.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>What does the military prohibited zone enquiry mean for a foreign buyer?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>The acquisition of immovable property by foreign natural persons is subject to an enquiry made in respect of military prohibited zones and security zones; if the enquiry produces a negative result, the transfer does not take place. There are also acquisition limits on a per-person and per-district basis, together with a separate valuation and price determination practice. Since each of these is subject to a different procedure, enquiries must be made plot by plot before the transfer.<\/p>\n<\/div>\n<\/details>\n<div class=\"cta\"><span class=\"t\">A situation particular to Fethiye and Mu\u011fla<\/span><p>The procedure to be followed may change according to the region in which the immovable property is located.<\/p><div class=\"btns\"><a class=\"btn\" href=\"tel:+905383176848\">Phone<\/a><a class=\"btn o\" href=\"https:\/\/wa.me\/905383176848\" rel=\"nofollow noopener\" target=\"_blank\">WhatsApp<\/a><a class=\"btn o\" href=\"https:\/\/sukrukose.com\/en\/communication\/\">Contact form<\/a><\/div><\/div>\n<h2 id=\"surec\">How does the process proceed?<\/h2>\n<p>The route followed in immovable property files varies with the type of matter, but it proceeds in four main stages.<\/p>\n<ol class=\"steps\">\n<li><strong>Meeting and gathering documents.<\/strong> The block and plot details, a copy of the land register record, any contracts, payment documents and correspondence are brought together; the legal basis on which the dispute rests is identified at this stage.<\/li>\n<li><strong>Examination of the record and of restrictions.<\/strong> Annotations, declarations and easements, zoning status, conservation statuses and any pending proceedings recorded are examined; the source of the problem most often becomes visible at this stage.<\/li>\n<li><strong>Written assessment.<\/strong> The options, the legal consequences of each and the routes that may be followed are shared in writing; routes to resolution outside court proceedings are also assessed here.<\/li>\n<li><strong>Transaction or court proceedings.<\/strong> Depending on the route chosen, an administrative application, a contract, mediation or court proceedings follow.<\/li>\n<\/ol>\n<p>How long the process will take depends on the court&#8217;s caseload, on the scope of the expert examination and on the site inspection timetable. For that reason no undertaking as to time is given at the outset; what can be known in advance is what will be done at each stage.<\/p>\n<h2 id=\"mahkeme\">Which court has jurisdiction, and which claims are subject to mandatory mediation?<\/h2>\n<p><strong>Court with territorial jurisdiction.<\/strong> Proceedings concerning rights in rem over immovable property are heard by the court of the place where the immovable property is located, and this jurisdiction is exclusive (Code of Civil Procedure no. 6100, article 12; Official Gazette 04.02.2011, no. 27836). For an immovable property in Fethiye, wherever the parties may be domiciled, the court with jurisdiction is in Fethiye.<\/p>\n<p><strong>Court with subject-matter jurisdiction.<\/strong> Subject-matter jurisdiction varies with the type of claim. The civil court of first instance (asliye hukuk mahkemesi) has jurisdiction over claims for cancellation of a title deed and registration, for pre-emption, and for registration based on a promise to sell; the civil court of peace (sulh hukuk mahkemesi) has jurisdiction over claims for the dissolution of joint ownership and for a certificate of inheritance (Code of Civil Procedure no. 6100, articles 2 and 4).<\/p>\n<p><strong>Limitation.<\/strong> The right of ownership is an absolute right and, as a rule, is not subject to limitation. By contrast, the acquisition of ownership by acquisitive prescription is regulated in article 712 of the Turkish Civil Code no. 4721 (Official Gazette 08.12.2001, no. 24607) as ten years for registered immovable property, and in article 713 as twenty years for unregistered immovable property. In both cases there are further conditions in addition to the period.<\/p>\n<p><strong>Mediation as a condition of proceedings.<\/strong> Article 18\/B of the Act on Mediation in Civil Disputes no. 6325 was added by article 37 of Act no. 7445 (Official Gazette 05.04.2023, no. 32154) and entered into force on 01.09.2023. The scope is limited to four sub-paragraphs: disputes arising from a lease relationship (other than eviction through enforcement without a judgment), the division of movable and immovable property and the dissolution of joint ownership, disputes arising from the Condominium Ownership Act, and those arising from neighbour rights. Proceedings for cancellation of a title deed and registration do not appear in that list; the reason is not that rights in rem are unsuited to mediation, but that the list is exhaustive. Where such a claim is raised together with dissolution of joint ownership, practice makes its assessment by reference to the principal claim, so no definite outcome can be stated in advance.<\/p>\n<p><strong>Minimum documents.<\/strong> In files of this kind the following are generally required: a copy of the land register record and the block and plot details, identity documents, in claims based on inheritance a certificate of inheritance, any contract and its annexes, payment documents, correspondence and formal notices, and a power of attorney.<\/p>\n<div class=\"cta\"><span class=\"t\">Let us review your documents together<\/span><p>A road map is drawn up on the basis of the land register record and the related documents.<\/p><div class=\"btns\"><a class=\"btn\" href=\"tel:+905383176848\">Phone<\/a><a class=\"btn o\" href=\"https:\/\/wa.me\/905383176848\" rel=\"nofollow noopener\" target=\"_blank\">WhatsApp<\/a><\/div><\/div>\n<h2 id=\"sss\">Frequently asked questions<\/h2>\n<details>\n<summary>\n<h3>Is representation by a lawyer compulsory in a title deed transfer?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>No. As at 29 September 2026 there is no provision in force requiring representation by a lawyer in title deed transfer transactions. The measure raised in the Minister of Justice&#8217;s statement of 3 March 2026 did not enter the thirteen statutes amended by Act no. 7589 (Official Gazette 31.07.2026, no. 33326); the Attorneyship Act no. 1136 and the Land Registry Act no. 2644 are not in that list.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>Can the buyer and the seller work with the same lawyer?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>No. The same lawyer may not provide legal assistance to a buyer and a seller between whom there is a conflict of interest; this prohibition extends to the lawyer&#8217;s partners and to the lawyers working in the same office. A lawyer must likewise decline the matter where they have previously acted for the opposing party, or given an opinion to that party, in the same matter. (T\u00fcrkiye Barolar Birli\u011fi Meslek Kurallar\u0131 m.36 ve 1136 say\u0131l\u0131 Avukatl\u0131k Kanunu m.38\/b: Rules of Professional Conduct of the Union of Turkish Bar Associations, art. 36, and Attorneyship Act no. 1136, art. 38\/b)<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>Against whom are proceedings for cancellation of a title deed and registration brought?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>Proceedings are brought against the person who appears as owner in the land register. Where the immovable property has changed hands, or a limited right in rem has been established over it, the inclusion of those persons in the proceedings also arises. In joint ownership in undivided shares among heirs (elbirli\u011fi m\u00fclkiyeti), the rule is that the heirs act together; in claims that add to the estate of the deceased there are cases in which one of the heirs may bring proceedings alone. An annotation in the register that proceedings have been brought may be requested; that annotation makes it more difficult for third parties subsequently to claim good faith. Against whom the proceedings are to be directed cannot be determined without reading the retrospective history of the land register record; proceedings directed against the wrong person are dismissed for want of standing.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>I am abroad: can I have the title deed transaction carried out under a power of attorney?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>Yes. The power of attorney required for land registry transactions must be in the form of a deed drawn up by a notary and must bear a photograph; it may be obtained from notaries in T\u00fcrkiye or from Turkish consulates abroad. For documents drawn up by foreign authorities, an apostille certificate and a sworn translation are required. Scope is decisive here: powers such as sale, collection of the price and creation of a mortgage must be written out separately, and those that are not intended to be granted must be left outside the scope. Misuse of a power of attorney is among the frequent grounds of proceedings for cancellation of a title deed.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>What is required for a transfer by inheritance?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>First a certificate of inheritance is obtained; this document may be obtained from a notary or from the civil court of peace. With that document, registration of the transfer is carried out at the land registry office and the immovable property is recorded in the names of the heirs as joint ownership in undivided shares. For division, either a division agreement is made or the route of dissolution of joint ownership is followed. Until the transfer is registered, transactions such as a sale cannot be carried out over the immovable property. Where the transfer is based on a will, the process of opening and giving effect to the will runs first; for detail, see <a href=\"https:\/\/sukrukose.com\/en\/how-to-write-a-will-turkiye\/\">title deed procedures where the transfer is based on a will<\/a> and <a href=\"https:\/\/sukrukose.com\/en\/division-of-inheritance-fethiye\/\">the order of title deed procedures in a transfer by inheritance<\/a>.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>Can one of the co-owners prevent a sale of jointly owned immovable property?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>A co-owner may sell their own share without needing the consent of the other co-owners; that sale, however, gives rise to a pre-emption right for the other co-owners, and that right is exercised through court proceedings within the applicable period. The sale of the immovable property as a whole requires the co-owners to act together; where no agreement is reached, proceedings for the dissolution of joint ownership divide the immovable property either in kind or by way of sale.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>If a construction contract in return for independent units is terminated, what happens to the independent units bought by third parties?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>Settled practice was changed by the decision of the Grand General Assembly on the Unification of Case Law of the Yarg\u0131tay dated 16.05.2025, E.2024\/1, K.2025\/2 (Official Gazette 18.07.2025, no. 32959). Where the land share has been transferred to the contractor and the contractor has in turn sold the share or the independent unit to third parties, and the contract is then terminated with retrospective effect, the claim of those third parties that they acquired a right in rem in good faith in reliance on the land register will now be heard. The protection is not absolute: as regards a third party who is shown not to have acted in good faith, the immovable property may return to the landowner. For detail, see <a href=\"https:\/\/sukrukose.com\/en\/contractor-debt-mortgage-landowner\/\">the effect on the landowner of a mortgage created on account of the contractor&#8217;s debt<\/a>.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>\n<h3>How is the lawyer&#8217;s fee determined?<\/h3>\n<\/summary>\n<div class=\"in\">\n<p>The lawyer&#8217;s fee is determined by a written attorneyship agreement according to the scope of the matter, within the framework of the Attorneyship Act no. 1136 and the Minimum Attorneyship Fee Tariff (Avukatl\u0131k Asgari \u00dccret Tarifesi). By law, a fee below the Tariff cannot be agreed. The Tariff is taken into account only in calculating the minimum value of the contractual fee.<\/p>\n<\/div>\n<\/details>\n<h2 id=\"iletisim\">Contact<\/h2>\n<p>K\u00f6se Hukuk B\u00fcrosu \u00b7 Av. \u015e\u00fckr\u00fc K\u00f6se \u00b7 Mu\u011fla Barosu (Mu\u011fla Bar Association)<\/p>\n<div class=\"kunye\">\n<dl>\n<dt>Address<\/dt>\n<dd>Akarca Mah. \u015eehit Nihat Oran Cad. No: 8 \u0130\u00e7 Kap\u0131 No: 4, 48300 Fethiye \/ Mu\u011fla<\/dd>\n<dt>Telephone<\/dt>\n<dd><a href=\"tel:+905383176848\">0538 317 68 48<\/a><\/dd>\n<dt>E-mail<\/dt>\n<dd>iletisim@sukrukose.com<\/dd>\n<dt>Working hours<\/dt>\n<dd>Weekdays 09.00 &#8211; 18.00<\/dd>\n<\/dl>\n<\/div>\n<h2 id=\"yasal-uyari\">Legal notice<\/h2>\n<div class=\"note\">\n<ul>\n<li>The information on this page is for general information purposes; it does not constitute a legal opinion or legal advice.<\/li>\n<li>Every matter is assessed within its own circumstances and documents; the explanations here cannot be applied directly to a specific dispute.<\/li>\n<li>Contact established through this page does not create a relationship of legal representation; that relationship is established by a written attorneyship agreement.<\/li>\n<li>Under the Attorneyship Act no. 1136, legal services are subject to a fee.<\/li>\n<\/ul>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>One of the fields in which K\u00f6se Hukuk B\u00fcrosu (K\u00f6se Law Office) works is title deed and immovable property law; disputes arising from the land registry, co-ownership in shares, transfer by inheritance and construction contracts in return for independent units all fall within this field. This page brings together the questions asked by people who&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"templates\/blank.php","meta":{"footnotes":""},"class_list":["post-10077","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/sukrukose.com\/en\/wp-json\/wp\/v2\/pages\/10077","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sukrukose.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sukrukose.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sukrukose.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sukrukose.com\/en\/wp-json\/wp\/v2\/comments?post=10077"}],"version-history":[{"count":0,"href":"https:\/\/sukrukose.com\/en\/wp-json\/wp\/v2\/pages\/10077\/revisions"}],"wp:attachment":[{"href":"https:\/\/sukrukose.com\/en\/wp-json\/wp\/v2\/media?parent=10077"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}