Antalya Title Deed Lawyer

Summary: Title deed law covers the acquisition, transfer and restriction of ownership of immovable property, together with the correction of entries in the land registry. In Antalya, title deed disputes most commonly arise from actions for cancellation of title and registration, correction of the land registry record, collusive transfers by a deceased person and promise-to-sell agreements. This page sets out the legal framework of title deed transactions and proceedings for information purposes.

Principal Actions and Transactions in Title Deed Law

Disputes falling within the scope of title deed law in Antalya concern either ownership of the immovable or the entries recorded in the land registry. The principal types of action and transaction are summarised below.

Cancellation of Title and Registration Actions

These actions are brought in order to cancel a land registry record created contrary to law and to register the immovable in the name of the true right holder. The grounds relied upon include fraud, simulation, lack of legal capacity and misuse of authority granted under a power of attorney.

Correction of the Land Registry Record

This action concerns the correction of material errors in the land registry relating to the name, surname, surface area or the designated nature of the immovable. The documents on which the entry is based and the relevant technical data are examined.

Cancellation of Title Due to a Collusive Transfer by the Deceased

This action is directed against simulated transfers made by a deceased person in order to withhold assets from the heirs. Heirs holding a reserved portion may bring an action for cancellation of title and registration. Further detail is provided in the article on withholding assets from the estate, the burden of proof and Court of Cassation criteria.

Promise-to-Sell Agreement for Immovable Property

This is a preliminary agreement drawn up in official form, under which the transfer of title is to take place at a future date. Its validity depends on compliance with the official form prescribed by law.

Registration by Extraordinary Prescription (Turkish Civil Code art. 713)

This is the procedure whereby immovables that are not recorded in the land registry, or whose owner cannot be determined, may be registered by way of possession under the conditions laid down by law.

Donation, Exchange, Usufruct and the Right of Habitation

Alongside the transfer of ownership, these are transactions which establish limited rights in rem over an immovable and which are executed before the land registry directorate.

Matters Requiring Attention in Title Deed Transactions in Antalya

Prior to a transfer of title, any mortgage, attachment, annotation or restriction affecting the immovable should be examined, together with its zoning status and condominium ownership details. Sales concluded outside the land registry do not, as a rule, transfer ownership. On a risk frequently encountered in practice, see understating the sale price in the title deed: tax penalties, pre-emption and cancellation risks. For transactions conducted before the land registry directorate, see representation in Antalya title deed transactions.

Competent Court and Territorial Jurisdiction

In actions for cancellation of title and registration the competent court is, as a general rule, the civil court of first instance; the territorially competent court is that of the place where the immovable is situated, and this rule of jurisdiction is mandatory. The type of action and the available means of proof may vary according to the nature of the claim.

Foreign Property Owners and Title Deed Transactions

Land registry legislation applies to every owner of immovable property irrespective of nationality. Foreign nationals who have acquired immovable property in Antalya may resort to the same legal remedies in proceedings for cancellation, correction and registration. On the acquisition process, see the guide on acquisition of immovable property by foreigners in Antalya, military investigation and the permit procedure. For the general framework, see the Antalya real estate and property law page.

Frequently Asked Questions

In which cases is an action for cancellation of title brought?

Where circumstances such as fraud, simulation, lack of legal capacity, forgery or misuse of authority under a power of attorney render the land registry record contrary to law, an action is brought for cancellation of the record and for registration in the name of the true right holder.

How is an error in the name or surface area in the title deed corrected?

Correction of material errors is sought by way of an action for correction of the land registry record or through the relevant administrative procedures; the documents underlying the entry and the technical data are assessed.

What is a collusive transfer by the deceased?

These are simulated transfers presented as sales, made by a deceased person with the aim of withholding assets from the heirs. Heirs holding a reserved portion may bring an action for cancellation of title and registration.

Which court has jurisdiction in title deed proceedings?

In actions for cancellation of title and registration the competent court is generally the civil court of first instance, and the territorially competent court is that of the place where the immovable is situated.

May foreign nationals bring title deed proceedings in Antalya?

Yes. Foreign nationals who own immovable property have the same rights and remedies as Turkish citizens in proceedings for cancellation of title, correction and registration.

Legal notice: This page has been prepared for information purposes and does not constitute legal advice. As each concrete case has its own particular circumstances, it is advisable to consult a lawyer for an assessment of your individual situation.