Types of Title Deeds (Tapu) in Turkey

In Turkey, title deeds (Tapu) come in various types, each representing different ownership rights and statuses of the property. Understanding these different types of title deeds is essential for both buyers and sellers, as they determine the nature of the ownership and any associated obligations.

1. Full Ownership Title Deed (Kat Mülkiyeti Tapu)

• Description: This is the most secure and complete type of title deed, indicating full ownership of a property. It confirms that the property is fully constructed, has all necessary permits (including the habitation certificate or İskan), and is ready for occupancy. The property can be either a standalone building or an individual unit within a larger building, such as an apartment.
• Significance: With a full ownership title deed, the owner has complete rights over the property, including the ability to sell, rent, or mortgage the property. It also includes a share of the common areas if the property is part of a multi-unit building.

2. Construction Servitude Title Deed (Kat İrtifakı Tapu)

• Description: This type of title deed is issued for properties that are under construction or for buildings that have not yet been granted a habitation certificate (İskan). It represents a share of the land and the future property being constructed on it.
• Significance: The construction servitude title deed does not confer full ownership of a finished property. Instead, it indicates that the owner has a stake in the project. Once the construction is completed and the habitation certificate is obtained, this deed can be converted into a full ownership title deed (Kat Mülkiyeti Tapu).

3. Land Title Deed (Arsa Tapu)

• Description: This title deed is issued for plots of land without any buildings on them. It signifies ownership of the land itself, without any structures.
• Significance: Owners of a land title deed have the right to use the land for agricultural, commercial, or residential purposes, depending on zoning regulations. Before any construction can begin, the owner must obtain the necessary permits and convert the land title into a construction servitude title deed.

4. Shared Ownership Title Deed (Hisseli Tapu)

• Description: This title deed represents shared ownership of a property among multiple individuals. It does not specify which part of the property each owner possesses, but rather indicates a proportional share in the entire property.
• Significance: Shared ownership can be complex, especially when it comes to selling or dividing the property. All co-owners must agree on any sale or changes to the property. Disputes can arise if one owner wishes to sell their share while others do not.

5. Agricultural Land Title Deed (Tarla Tapu)

• Description: This type of title deed is specific to agricultural land. It signifies that the land is designated for agricultural use, such as farming, livestock, or forestry.
• Significance: The agricultural land title deed restricts the use of the land to agricultural purposes. If the owner wishes to convert the land for residential or commercial use, they must apply for a zoning change, which can be a lengthy and uncertain process.

6. Timeshare Title Deed (Devremülk Tapu)

• Description: This deed is issued for timeshare properties, where the ownership of a specific property is divided into time segments. Each owner has the right to use the property for a specific period each year.
• Significance: Timeshare ownership is typically associated with vacation properties. Owners should be aware of the terms and conditions of their timeshare, including the period of use, maintenance fees, and any restrictions on renting out their time slot.

7. Treasury Land Title Deed (Hazine Tapu)

• Description: This title deed is issued for land owned by the Turkish Treasury. Such lands are usually leased to individuals or entities for specific purposes, such as agriculture or development.
• Significance: Ownership of treasury land is typically more complex, as it involves leases or concessions rather than outright ownership. The use of the land is subject to government regulations and can be revoked or altered depending on state requirements.

8. Village Settlement Title Deed (Köy Yerleşik Alanı Tapusu)

• Description: This type of title deed is issued for properties located within village boundaries. These areas often have special regulations regarding construction and land use, based on traditional or rural practices.
• Significance: Owners of such properties should be aware of specific restrictions or permissions that apply to village settlement areas, which can differ significantly from urban or agricultural lands.

The type of title deed (Tapu) you receive in Turkey has a significant impact on your rights and obligations as a property owner. It is crucial to understand the specific type of Tapu you are dealing with, especially if you are purchasing property as a foreigner. Consulting with a qualified real estate lawyer or agent who is familiar with Turkish property laws can help ensure that you obtain the correct type of title deed for your investment and avoid potential legal complications.