Before asking how much deposit to pay, ask: what right am I buying, who owns it, and what restrictions are registered against it now? A title-deed photograph may be genuine but outdated, and possession of a key does not establish that the seller can transfer the entire unit free of third-party rights. Title checks in Türkiye start with a current registry record, reconciled with the property, inspection and agreement. This guide organises the questions and documents needed before payment. Interpretation of particular restrictions belongs with your lawyer and the land registry office.
Illustrative document signing; this is not the reader’s title registration, permit or specific transaction. Photo: Alena Darmel / Pexels.
A deed copy starts the check; it does not finish it
Start with a clear title-deed copy, then request a current registry extract showing the owner, share, rights, annotations and restrictions. Obtain it through the owner or authorised representative, verifying the source, date and property number. Official services such as Web Tapu and e-government enquiries require authentication, identification and authority. Knowing an address does not give anyone access to private records.An old copy cannot establish that no mortgage or attachment was registered later. Nor does the seller’s statement that a debt was paid establish that the charge was removed: check completion and its reflection in the registry. The land registry’s electronic discharge procedure involves the relevant institution’s request and processing of the record.
Repeat the check near the transfer date, since the record can change between reservation and completion. Keep dated copies and an explanation of restrictions; do not post them with identity or personal data in public groups. Refusal to provide appropriate information through an authorised route is a reason to defer payment.
Match the owner, unit and right being sold
Match the seller’s name and identity to the registered right-holder, then the province, district, neighbourhood, parcel, block and separate-unit numbers. Door numbering may differ from the legal unit number. Request the approved plan and an explanation rather than relying on the door sign.Read the registered property type and use. A home that appears residential may have a different documented status or form part of jointly owned property without a separate unit. Check storage, parking and the garden: are they registered appurtenances or common areas you are merely told you can use? A promise of use is not separate ownership.
For a sale under power of attorney, verify the original or certified copy, authority granted, current validity and acceptance for the transaction. A company, heirs or a seller requiring special representation needs different documents. Ask your lawyer and the registry who signs and on what basis before transferring funds to an intermediary or another person.
Buying a share differs from buying a separate apartment
In co-ownership by shares, each owner holds a proportion of an undivided property, not automatically a particular room or apartment. Buying a quarter share does not establish ownership of a specified unit simply because the seller pointed to it during the visit. Request the ownership record, use and management arrangements and scope for legal separation.| Situation | What to check | Question before payment |
|---|---|---|
| Separate unit with the seller holding the entire right | Unit number, share and restrictions | Am I buying the whole right? |
| Undivided share | Percentage, co-owners and use arrangements | What establishes my entitlement to the offered part? |
| Inherited ownership | Inheritance registration and authority to sign | Are documents and procedures complete? |
| Ownership subject to another person’s right | Scope, duration and effect of that right | Can I occupy or let it as intended? |
Ask your lawyer about potential co-owner rights on a share sale and any notice, agreement or waiver needed in your case. Do not assume the share can later become a separate unit without documents and a clear procedure. A large discount may reflect difficult use or resale rather than the same rights as a complete apartment at a lower price.
Mortgage: understand settlement and discharge
A mortgage is a security right attached to the property. Identify the creditor, entry, priority and amount needed to settle the matter. Do not assume every mortgaged property is unsaleable or that selling automatically removes the mortgage. An adviser must determine the entry’s effect, whether transfer is possible and the required conditions.Request appropriate creditor or bank documentation stating settlement at the expected date, how the discharge request will be submitted and any other obligations or restrictions. The registered mortgage amount may differ from the actual settlement balance; interest, costs and security terms need separate review.
Do not pay part of the price to the seller merely on a promise that they will repay the bank and produce a clean title. Agree a coordinated payment, transfer and discharge procedure with the bank, registry and parties, reviewed by your lawyer before execution. If settlement, timing or its effect cannot be confirmed, defer payment until the route is clear.
Read attachment and court-order wording
An attachment, interim court order and entry announcing an enforcement sale are not interchangeable terms. Establish the registering authority, date, entry and case numbers, and affected right or share. Obtain the underlying document or an official explanation where needed.Land registry electronic-attachment services allow authorised users to track attachments, the relevant authority and removal entries. A number on a screen alone does not establish the legal effect: several entries may exist with different scopes. Separating an entry from its case file can lead to a wrong interpretation.
A price reduction does not resolve a restriction. Seek a written explanation of whether title can transfer, any surviving right or risk and the action needed to end it. If proceedings affect the owner’s identity, authority to dispose or your expected right, pause until the position is clear or a legal solution meets your objective.
| Registry entry | What you need to establish |
|---|---|
| Mortgage | Creditor, rank, settlement and discharge process |
| Attachment | Authority, file, affected right and removal conditions |
| Court order | Decision wording and scope of prohibition or restriction |
| Usufruct or residence right | Right-holder, scope and effect on use |
| Registered annotation or agreement | Underlying document and buyer’s obligations |
Illustrative building in Antalya; this is not the property being assessed and does not establish its condition or permit status. Photo: Annabel Ritson / Pexels.
Usufruct and residence rights can change your objective
Usufruct may entitle its holder to use the property and enjoy its benefits while someone else holds the underlying ownership. A residence right concerns occupation of a building or part of it within its defined scope. You may therefore acquire ownership without immediately gaining the ability to live there or collect rent as expected.Check the holder, scope and creating document, and the basis for termination if removal is proposed. Do not assume the right ended because the beneficiary left or is not currently using the property. Have the registry position and required documents handled through authorised parties.
This directly affects an investor’s rental-income calculation. If use or income belongs to someone else, do not budget rent as starting next month. Nor should a restricted right be valued as unencumbered property with a small discount assumed sufficient, without independent assessment.
Review annotations and required consents
Some entries concern the family home, a promise of sale, a tenancy or other rights. Family-home protection makes certain dispositions subject to the other spouse’s express consent. Have your lawyer establish applicability and appropriate evidence. Do not reduce the enquiry to the presence or absence of one annotation where other facts require review.Check disposal restrictions, specified uses and agreements affecting your objective. An entry that does not necessarily prevent transfer may still affect letting, construction or resale. Ask about the consequences for you after registration, not merely whether the seller can sign.
For a tenanted apartment, the registry does not replace review of the agreement and occupation: who lives there, when you become entitled to rent, how deposits are handled and whether vacant possession is promised. A change of owner does not automatically evict the tenant. Review the agreement and current rules.
Assemble a coherent set of documents
Keep a single file connecting the registry, owner, unit, agreement and payments. Resolve every mismatch in address, area or identity instead of collecting many documents that refer to different things.| Document | Purpose |
|---|---|
| Title deed and current extract | Identify the right, owner, share and restrictions |
| Seller’s identification or authorised representation | Establish authority to sign and dispose |
| Plan and appropriate municipal documents | Match the unit, use and construction |
| Restriction or settlement document | Explain the mortgage or attachment and its resolution |
| Management plan and obligations | Relevant use rights and expenses |
| Existing tenancy agreement | Occupation, income and handover |
| Reservation and payment agreement | Payment terms, deadlines and refunds |
A municipal plan alone does not establish the legality of every on-site alteration, and an extract without restrictions does not establish structural safety. Allocate questions to the relevant professionals, then reconcile their answers before signing.
Example: allocating the price with an existing mortgage
Assume an agreed TRY 5 million price, a documented TRY 300,000 reservation payment and TRY 1.2 million creditor settlement at the specified date. TRY 4.7 million remains payable, comprising TRY 1.2 million for settlement and TRY 3.5 million for the seller in this example.| Hypothetical item | Amount |
|---|---|
| Total price | TRY 5,000,000 |
| Reservation payment credited towards the price | TRY 300,000 |
| Remaining price | TRY 4,700,000 |
| Remaining portion allocated to settlement | TRY 1,200,000 |
| Remaining portion allocated to the seller | TRY 3,500,000 |
| Total payments towards the price | 300,000 + 1,200,000 + 3,500,000 = 5,000,000 |
This is an arithmetic allocation, not instructions to transfer directly or a guarantee that the transaction can proceed. The parties and authorities must agree the timing and mechanism for transfer, payment and discharge, documenting each payment’s credit towards the price. If settlement increases or discharge is delayed, the agreement should define the consequences rather than allowing unexplained additional payments.
Budget transaction fees and expenses separately. Do not include them in the seller’s balance or mortgage settlement unless a clear agreement provides for it. Reconcile totals so the reservation payment is not counted twice and the full remaining price is not paid to the seller in addition to the creditor payment.
What should the reservation agreement explain?
Calling a payment a ‘deposit’ does not settle its legal effect. Obtain an agreement both parties understand, identifying the property, right sold, price, payment, recipient, deadline and allocation of expenses. Use appropriate translation before committing if you do not understand Turkish.Define the legal-review condition, treatment of the existing entry and what happens if it is not removed, registration fails or the right differs from the advert. Have your lawyer review clear refund terms, deadlines and evidence rather than copying a generic clause unsuitable for the case.
An initial agreement and payment alone do not transfer ownership; registration is a central step in transferring the right through the relevant procedure. Keep payment documents and references linking them to the property, distinguish agency commission from the purchase price and do not sign an unexplained extra document described as a simple formality.
Illustrative residential interior; this is not the location of a property discussed in this guide. Photo: Max Vakhtbovych / Pexels.
Reasons to defer payment
- The owner, representative or signing authority does not match or remains unresolved.
- The offered unit differs from the documented unit.
- A share is marketed as a separate apartment without a clear legal basis.
- Nobody can explain an existing entry’s effect or removal.
- A promised mortgage discharge lacks appropriate confirmation and an agreed plan.
- Use, area or included spaces differ without explanation.
- Payment is requested to a person or account not explained in the agreement.
- A current record is withheld or you are pressed to sign wording you do not understand.
Other mistakes include relying on a deed’s colour or old appearance, the agent’s acquaintance with the seller, or keys as proof that the apartment is free of third-party rights. Personal trust helps communication but does not replace documentation. A problem found before paying is easier to address than one discovered after your funds are committed.
Frequently asked questions
Must a mortgaged property always be rejected?No, but it needs an explanation and an appropriate documented resolution. The decision depends on the entry, authorities and your objective; the seller’s promise alone is insufficient.
Can I identify the owner through a public parcel search?
Do not rely on it. Public location information is not a private extract of ownership and rights. Obtain current documents through the owner or authorised person using the official route.
Does an unrestricted title mean everything is in order?
No. The unit, construction, permits, occupation and investment purpose still need checking. Legal, engineering and financial reviews complement each other.
When should the record be checked again?
After a material change or delay, and near transfer according to the adviser’s plan. Keep written explanations of remaining restrictions and their effect, and make payment dependent on clarity about the right and transaction.
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