Buying a Home or Land with a Shared Title Deed

A shared title deed (hisseli tapu) shows that a property belongs to more than one person in specific proportions. A co-owner does not hold a right to a specific part of the property, but a right over the whole of it in proportion to their share. So saying 'that unit is my share' is often not accurate in title-deed terms.

Co-ownership and joint ownership

• Co-ownership (paylı mülkiyet): Each co-owner's share is defined (e.g. 1/4). A co-owner can sell their own share on their own.
• Joint ownership (elbirliği mülkiyeti): Usually seen in inheritance; shares are not defined and transactions require all co-heirs to act together.

Main risks

• Right of pre-emption (şufa / önalım hakkı): If a co-owner sells their share to a third party, the other co-owners have the right, within a set period, to buy that share by paying the same price. The share you bought could be taken from you.
• Use: Disputes can arise over who gets to use which part; how use is shared is a matter between the parties, not something recorded on the deed.
• Partition: Any co-owner can sue to have the property sold and the proceeds shared.
• Financing: Banks generally do not lend, or lend only on limited terms, against shared properties.

If you are buying a shared property

• Find out who the other co-owners are and whether they will waive their pre-emption rights.
• Where possible, arrange for all co-owners to sell together, or have the property first separated through subdivision or condominium ownership.
• For shared land, always check the zoning plan and the parcelation status; shared 'field' sales asking a high price on the expectation of future zoning are common.