HOW TO CONVERT A SHARED LAND DEED INTO AN INDIVIDUAL DEED?

How to Convert a Shared Title Deed on Land to a Single Title Deed?

A jointly owned plot of land is a type of title deed that shows the shares of multiple individuals in the same property. In this type of title deed, each shareholder has the right to own the property in proportion to their share as stated in the title deed. However, in a jointly owned plot of land, the area owned by each shareholder is not physically defined. Shareholders have joint rights in the entire property. Converting a jointly owned plot of land to an individual title deed means separating each shareholder's share and creating an independent title deed. Since this process requires certain legal procedures, detailed information and correct steps must be followed. This article will explain step-by-step how to convert a jointly owned plot of land to an individual title deed.

1. What is a Shared Title Deed?

A shared title deed indicates that a property is owned by more than one person. Each shareholder has ownership rights in the proportion stated in the title deed. Shareholders jointly own the entire property, not just a specific portion of it. In shared title deeds, the area owned by each person is not limited, creating a kind of partnership.

2. What is an Independent Title Deed?

A separate title deed is a title deed issued solely in the name of a single person for a property owned by that individual. With a separate title deed, the entire property is owned by one person. In this case, it is clearly defined which part of the property belongs to whom, and the ownership is officially confirmed as belonging to only one person.

3. Reasons for Switching from Shared Title Deed to Individual Title Deed

The transition from shared ownership to individual ownership may be desired for various reasons:

• Clear Ownership: In shared title deeds, it may be unclear which part of the property each shareholder owns, which can lead to difficulties in use. An individual title deed clearly defines each owner's ownership of the property.
• Increase in Value: Properties with individual title deeds are more valuable than those with shared title deeds. An individual title deed can increase the market value of the property.
• Ease of Sale: When a jointly owned plot of land is put up for sale, buyers may hesitate. However, a plot with a separate title deed is easier to sell.

4. The Process of Converting a Shared Title Deed Land into an Individual Title Deed

The process of converting a shared title deed to an individual title deed usually takes place in several stages. These steps are as follows:

4.1. The Taksim Agreement

Partitioning means that shareholders agree among themselves to determine which parts of the property they will own. By making an agreement on the division of the property, the shareholders can physically separate the shares allocated to each shareholder. This agreement must be drawn up at a notary public and approved by all shareholders. The partition agreement formalizes the division of the property.

4.2. Change of Land Use and Zoning Status

Before converting a jointly owned plot of land to a single title deed, the zoning status of the land must be checked. An assessment must be made as to whether the land is divisible according to the zoning plan. If the land is not divisible according to the zoning plan, the single title deed process cannot be completed.

Additionally, a "change of land classification" may be necessary. The property, currently classified as a building plot, needs to be reclassified as a field, garden, or suitable for construction. This process can be initiated through the relevant municipality or land registry office.

4.3. Cadastral Intervention and Parceling Procedures

To obtain individual title deeds, a jointly owned plot of land must be divided. This process is carried out by the cadastral office. By applying to the cadastral office, the plot is divided and each shareholder's share is physically separated. The parceling process carried out by the cadastral office clearly defines the sections of the land.

4.4. Shareholder Approval and Agreement

To convert a jointly owned property to an individual property, the consent of all shareholders is required. There must be no disagreements among the shareholders, and everyone must approve the division. If there is a disagreement among the shareholders, the process may be taken to court.

4.5. Applications to Land Registry Offices

After the division of the property is completed and all shareholders have given their approval, an application must be made to the land registry office. During this application process, the necessary documents must be submitted and new individual title deeds must be issued. Following this process at the land registry office, each shareholder will receive an individual title deed issued in their own name.

5. Required Documents

To convert a shared title deed to an individual title deed, certain documents must be submitted to the land registry office. These documents are as follows:

• Identity Document: National identity card or other identification document belonging to the property owner.
• Title Deed: A title deed for a jointly owned property.
• Partition Agreement: A partition agreement drawn up in the presence of a notary and approved by all shareholders.
• Cadastral Documents: Documents obtained from the cadastral directorate regarding parceling procedures.
• Fees and Taxes: Fees and taxes payable to the land registry office.

6. Potential Problems in the Transformation Process

Some problems may arise during the process of converting a shared title deed to an individual title deed. The most common problems include:

• Disagreement Among Shareholders: It is not possible to transfer ownership to separate titles without the approval of all shareholders. If one shareholder does not approve the division, the process may be stalled. In this case, it may be necessary to apply to the court.
• Compliance with the Zoning Plan: The land must be divisible in accordance with the zoning plan. Properties that do not comply with the zoning plan cannot be divided.
• High Costs: Fees payable during cadastral and land registry procedures can increase costs.

7. Conclusion

The transition from shared ownership to individual ownership can be completed smoothly if the correct steps are followed and an agreement is reached among all shareholders. During this process, steps such as the partition agreement, zoning status, cadastral intervention, and land registry procedures must be meticulously followed. Agreement among shareholders expedites the process and contributes to an increase in the value of the land.