Selling property without Tapu

Discussion in 'Turkey property' started by Rhian, Aug 4, 2009.

  1. Rhian

    Rhian New Member

    My parents have invested in property in Turkey within the last few years. They are keen to sell an apartment that they do not have the Tapu for yet. It has been promised soon. They have had the apartment for at least 5 years. Could anybody brief us on the Turkish legal position regarding sale of a property without the Tapu? With a contract which they hold, could changing the names transfer legal ownership?

    Thank you for any comments
  2. paul-steve

    paul-steve New Member

    5 years without getting the tapu, firstly get hold of a solicitor and get it sorted, you can't sell the apartment without it.
  3. property lawyer

    property lawyer New Member

    I am afraid under Turkish Law you cannot transfer the ownership of a property without transferring the Tapu. If you can give more information regarding the matter, perhaps I can give you a clear legal advise.
  4. grasshopper

    grasshopper New Member

    This is unbelieveable.A bought property without a tapu for 5 years now.First of all,l do think you should go to the register office and find out whos name is on that legal document.By what you have written,it looks like the builder is once again pulling a fast one,where his name could be on the tapu.
    Did you know that after 3 years you cannot legally sue the builder.Did you have your sale agreement notarized,if so then go to the prosecuter with an interpreter to chase this tapu which is rightfully yours.
    And also..think about it.Who want to buy a property without the deeds.lf l did want to buy a resale,l always ask to see the deeds forst to see whether it is the genuine article.Also l heard it is against the law to sell a property without the tapu in your name.Go to the estate agent and start asking them question on where is my tapu.There are many reason why the tapu hasn't been issued due to corrupt methods.
    And also you are not the owner of that property if you do not have that tapu in your name,so really by rights you cannot sell something that does not belong to you.The property you have bought is in danger of being taken off you by the creditors and the bank if the builder used the tapu as security to release loans which normally are not payed up in time.

    And the right tapu you are looking for is:Kat Multiyeti[which means ownership]do not accept Kat irtifaki[which means floorsharing] and do not accept Arsa[which means land]

    Please check this out urgently.l wish you did not leave it as long as you did,since this can cause many complications now.Normally the tapu should not take more then 3 months to recieve,lf it is longer then that,be suspicious of why you have not recieved it and start investigating
  5. jestjools

    jestjools New Member

    What area of Turkey is this apartment in? I hear that many people in Altinkum have had serious problems with issues such as this.
  6. zamane

    zamane New Member

    First you should sort out the reason why they cannot deliver the tapu to you. Either they do not own the land themselves, or, the building is not upto the building codes of the municipality so the municipality does not allow a proper tapu. If the reason is the former, then it is difficult and you have to contact related parties to sort it out. If, however, it is the latter, then ask for the construction company to give you an "easement title" which is called "Kat Irtifaki" tapu. If that is possible, that your parents can sell the property. Without a tapu, you cannot sell or buy a real estate. In legal terms, currently your parents do not own the real estate, but own the contract which promises to sell them the real estate.
  7. The old grey wolf

    The old grey wolf New Member

    Is the property within a municipality or outside in a village? Did you parents have the 'ownership' papers (not tapu) put in a trusted Turkish person's name? Was the property a resale or new development? Please let me know and I may be able to help you with some options to go forward with.

  8. Property in Turkey

    Property in Turkey New Member

    5 years an no Tapu??Is there an update on this? I really wonder how the developer and/or the agent managed to keep you patient for that long, while almost every new property owner in Turkey starts to question the process after only 3 months of waiting for their title deeds.
  9. RealEstateTurkey

    RealEstateTurkey New Member

    If you explain about your situation we can give some advices for getting your tapu and then sell your property. According to the Turkish Law, title deed (tapu) proofs that your ownership on the property. You can sell your contractual rights related property without tapu. We advise that you get your tapu at first and then try to sell.
  10. ytokgoz

    ytokgoz New Member

    5 years is really long time for without a tapu and i would recommend to go to solicitor ASAP
  11. TjRjn

    TjRjn New Member

    Unfortunately there is a lot of illegal builds in Turkey. I have friends that have bought their house in an area notorious for illegal builds. They have the land tapu but there is not supposed to be a building on it. They bought it knowing the situation.
    The local Turkish government where I am are starting to clamp down and there will be many people out of their homes due to demolition unfortunately.
  12. medseA


    Nobody can sell a property without the tapu (name title) ownership. The buyer and seller both sign in front of the tapu official when transfering the property ownership over. The tapu is the final word for buying or selling property in Turkey.
  13. You can't transfer the property without Tapu. So, firstly work on this problem.
  14. medseA



    Have you make a success with the tapu ?
  15. Emlak

    Emlak New Member

    oohhh5 years is really long time

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