Types of Real Estate Without Title Deed:
Immovable properties without title deed are divided into two:
• Immovable properties without title deeds passed through inheritance: These types of immovable properties can be transferred by inheritance even if there is no title deed registered.
• Immovable properties with title deed allocation certificate: Even though there is no title deed recorded in these types of immovable properties, there is a title deed allocation document. This document replaces the title deed registration and ensures the transfer of the real estate.
How to Transfer Real Estate Without Title Deed?
To transfer real estate without title deed, the following steps must be followed:
1. Determination of Value: The value of the real estate to be transferred is determined by experts.
2. Sales Contract: A written sales contract is prepared between the seller and the buyer. The contract should include details such as property information, price and payment method.
3. Delivery and Receipt: The seller delivers the real estate to the buyer and the buyer pays the price.
4. Title Deed Allocation: For real estate without title deed, title deed must be allocated first. An application is made to the relevant land registry office with the necessary documents for title deed allocation.
5. Title Deed Registration: After the title deed allocation is completed, the title deed of the real estate is recorded.
Things to Consider When Transferring Real Estate Without Title Deed:
• When transferring real estate without title deed, a written contract must be made.
• The seller must document that he has the ownership right of the real estate and has the authority to transfer it.
• It should be checked whether there is any mortgage, lien or other goodwill on the real estate.
• Documents required for title deed allocation and title deed registration must be prepared completely.
Legal Regulations Regarding the Transfer of Real Estate Without Title Deed:
Legal regulations regarding the transfer of immovable properties without title deeds are included in the Turkish Civil Code (TMK) and the Land Registry Law. According to Article 763 of the Turkish Civil Code, immovable properties without title deeds are considered movable property and no form requirement is required for their transfer. According to Article 26 of the Land Registry Law, title deeds can be allocated for immovable properties without title deeds.
