You liked a house, you agreed on the price, and you are excitedly getting ready to make a deposit. But wait. Rushing at this point can lead to problems that are difficult to compensate for later. One of the most common problems we encounter while providing real estate consultancy is houses purchased without a title deed check. Title deeds with mortgages, shares, zoning problems... These are all situations that can be prevented by the buyer making a few simple checks. In this article, we explain step by step, based on our field experience, what checks you should do on the title deed before buying a house.
Why is Title Deed Control So Important?
Title deed is the official document of ownership of a real estate. But the information written in the title deed is not always as simple as it seems. There may be restrictions on a title deed record such as mortgage, lien, annotation, usufruct right. While these restrictions may prevent the sale of the property, they may also cause you a headache after the sale. We frequently encounter shared title deed problems in the Ortaca, Turkish Riviera and Dalyan, Mediterranean Turkey regions, especially in the process of transforming old field deeds into zoned parcels. Therefore, buying a house in our region without a title deed check carries a serious risk.
Step 1: Query the Land Registry via e-Government
The first step in title deed control is to access the current title deed record of the property. You can do this via e-Government. After logging in to turkiye.gov.tr, you can query the island and parcel number you received from the seller by using the "Land Registry Information Inquiry" option from the services of the General Directorate of Land Registry and Cadastre. In this query, you can see who the property is registered to, its surface area and nature. Confirm at this stage whether the seller is actually the owner. If sales will be made with a power of attorney, make sure that the power of attorney is current and valid.
Step 2: Check the Mortgage and Lien Status on the Title Deed
There may be a bank mortgage or enforcement lien on the property. This appears in the "Annotations and Declarations" section of the deed. If the seller still has a loan debt, there is a mortgage on the property in favor of the bank. In order for the sale to take place, this mortgage must be removed or taken over. In case of foreclosure, the sale may be completely blocked. You can access this information via e-Government or directly from the Land Registry Directorate. We especially recommend our clients to obtain written documents from the Land Registry Directorate, because there may be delayed updates in digital records from time to time.
Step 3: Find out whether the title deed is shared or detached
Shared title deed means that a real estate is registered in the name of more than one person. In such deeds, all shareholders must approve the sale. Failure by a single shareholder to approve may halt the sale. Share title deed is very common, especially in real estate that has been inherited. Throughout Muğla Province, Southwest Turkey and around Ortaca, Turkish Riviera, we frequently encounter shared title deed problems during the conversion of field-qualified lands into zoned parcels. Before making a purchase, be sure to clarify whether the title deed is full share or joint ownership.
Step 4: Check the Zoning Status
There is a big difference between a property that says "land" in the title deed and a property that says "field". Land qualified title deed refers to a zoned parcel on which construction can be built. In land-qualified title deeds, construction is mostly limited. By obtaining a zoning status certificate from the municipality, you can find out what type of construction is allowed on the parcel where the property is located, floor height and comparable value. Even if the title deed of the property you are looking at to buy a house is "land", it may be reserved as a green area, road or public area in the zoning plan. Buying a house without this check is risky.
Step 5: Request the Occupancy Permit Certificate
The proof that the house you are considering purchasing is legally suitable for residence is the building permit, that is, the occupancy certificate. In uninhabited buildings, electricity and water subscription may cause problems, you cannot get insurance, and a demolition decision may be issued in the future. Unoccupied buildings are quite common, especially in old buildings or village settlement areas. Be sure to ask the seller for the original building permit or a copy approved by the municipality. If there is no document, you can inquire from the municipal zoning directorate whether the building is licensed or not.
Step 6: Don't Skip the Declarations Section
The “Declarations” section of the title deed is overlooked by most buyers, but can contain important information. This section may include restrictions such as usufruct rights, residence rights, and right of way on the property. If there is a usufruct right, the right of use remains with someone else, even if you purchase the property. Right of way means that others have the right of way over a part of your land. This information directly affects the use value of the property. This section is included in detail in the title deed record sample you will receive from the Land Registry Directorate.
Step 7: Examine the Cadastral Map
Make sure that the physical boundaries of the parcel are compatible with cadastral records. You can see the location, borders and neighboring parcels of the parcel on the map with the island and parcel number at parcelsorgu.tkgm.gov.tr. The boundaries you see on the field and the boundaries on the cadastral map may not always coincide. Boundary disputes are a common problem, especially in land acquisitions. If possible, have a mapping engineer make an application and mark the actual boundaries of the parcel on the field.
Things to Consider in the Deed Transfer Process
You have done all the checks and made the purchasing decision. There are points you need to be careful about during the title deed transfer phase. Writing the sales price to the title deed at its actual value protects you in case of a dispute in the future. If a low price is written and a lawsuit is filed for cancellation of the sale, you can only get back the price written in the title deed. In addition, title deed fees are calculated based on the sales price, and the buyer and seller pay a 2 percent fee separately. When making an appointment for the transfer, prepare the necessary documents in advance: ID photocopy, passport photo, DASK policy and compulsory earthquake insurance.
Don't hesitate to get professional support
Title deed control is a process that requires technical knowledge. It is difficult for someone who does not have experience in real estate law, zoning legislation and cadastre to capture every detail. As Kalinda Yapı, we provide real estate consultancy in Muğla Province, Southwest Turkey, Ortaca, Turkish Riviera and Dalyan, Mediterranean Turkey regions, and we carry out a comprehensive title deed check in every purchase process. We professionally carry out operations such as land registry review, zoning status inquiry and cadastral control on behalf of our customers. If you are thinking of buying a house in the area, consulting an expert before making your decision will protect you from possible problems.