HOW IS PROPERTY REGISTRATION DONE AND WHAT ARE THE CIRCUMSTANCES OF INVALIDITY?

Title registrationmeans recording the ownership of immovable property in the land registry. In Turkey, acquiring ownership of immovable property is only possible through registration in the land registry. Title registration ensures the recognition of ownership by third parties and provides legal protection for rights over the property. Below, the process of title registration and the grounds for its invalidity are detailed.

1. How is Property Registration Done?

The steps to follow for land registration in Türkiye are carried out by applying to the General Directorate of Land Registry and Cadastre during land registration procedures. Registration is done in cases such as the transfer, sale, donation, or inheritance of real estate. Here is the land registration process:

a. Title Deed Registration Application

To register a property title, an application must be submitted to the relevant land registry office. The application is made by the parties involved in the transfer of the property (seller, buyer, heir, etc.). The necessary documents must be submitted during the application process.

• Required Documents:
  • Identity document (national ID card or passport),
  • Title deed,
  • Identity numbers of the parties,
  • Compulsory Earthquake Insurance (DASK) policy,
  • Tax identification numbers of the buyer and seller, if there is a sale or transfer transaction.

b. Valuation of the Real Estate

It is necessary to determine the market value of the property. This value is obtained through a market value certificate from the municipality. This document shows the true value of the property and is used in calculating title deed fees.

c. Payment of Title Deed Fees and Taxes

A land registry fee is paid during the property registration process . This fee is 4% of the property's sale price (2% each paid by the buyer and seller). Additionally, property tax is another expense that must be paid.

d. Procedures Before the Land Registry Director

Once all documents are complete and fees are paid, the property transfer process is carried out at the land registry office. The buyer and seller sign the transfer agreement in the presence of the land registry director.

e. Registration in the Land Registry

Once the registration process is approved by the land registry director, the new owner of the property is recorded in the land registry. This record shows that the ownership of the property has been officially transferred and passed to the new owner.

f. Issuance of Title Deed

Once the registration process is complete, a new title deed is issued and given to the new owner. This document is an official certificate proving that the ownership of the property has passed to the buyer.

2. Reasons for Invalidity of Land Registry Registration

Property registration may not always be valid. There are certain situations where property registration is considered invalid. Here are the circumstances under which property registration is invalid:

a. Unlawful Registration

Registration is considered invalid if it was done illegally. For example, if illegal transactions were carried out during the sale of a property (such as collusion), this registration is considered invalid. Illegal transactions may include:

• Collusive transaction: If a transaction that appears to be a sale is not actually the transaction intended by the parties (for example, a transaction registered as a sale in the land registry but is actually a donation), this can lead to the invalidation of the title deed.
• Mistake or fraud: Deception or fraud by one party during the property registration process also renders the title deed invalid.

b. Incompetence

If one of the parties to a property registration lacks the legal capacity to conduct the transaction, the registration is considered invalid. For example, transactions made by individuals with mental illness, those under guardianship, or minors are invalid.

c. Irregular Registration

Fraudulent registration occurs when the entry in the land registry is inaccurate. For example, if an entry is made in the land registry with false or forged information, this registration is fraudulent and legally invalid.

• Correction request: In cases of fraudulent registration, a lawsuit can be filed to correct the land registry record. If the court determines that the registration is fraudulent, it may order the cancellation of the registration and the registration of the correct information.

d. Expropriation Decision

Any transfer or registration of title on an expropriated property is invalid. Expropriation means seizure for public benefit, and in this process, ownership of the property passes to the state. Any registration made during or after the expropriation process is considered null and void.

e. Lawsuit for Cancellation and Registration of Title Deed

In cases where the land registry record may be deemed invalid, the true owner of the property a lawsuit in court to have the title deed cancelled and re-registered . This lawsuit seeks the annulment of the fraudulent or unlawful registration and requests that the property be registered to the correct person. In these lawsuits, evidence must be presented to prove that the land registry record is invalid.

• Consequences of invalidity: If a court ruling determines that the title deed registration is invalid, the incorrect entry in the land registry is cancelled, and the property is re-registered in the land registry in the name of the true owner.

f. Statute of Limitations and Acquisition of Rights

In some cases, even if the title deed is invalid, a person who has possessed the property for a long period of time can acquire ownership of it through possession . However, in this case, the legal conditions for possession must also be met

3. Conclusion

Title deed registration is the most important process for formalizing real estate ownership and must be carried out correctly and in accordance with the law. If there are errors or illegalities in the registration process, the title deed registration may be deemed invalid, and the rightful owner can regain their rights by filing a lawsuit for the cancellation and re-registration of the title deed. The legal validity of the title deed registration depends on the legal capacity of the parties, the authenticity of the transaction, and the legal status of the real estate.