Buying a Home
How to Read a Title Deed Record: Annotations, Declarations and Liens
What do the annotations, declarations and liens on a title deed record mean? We explain field by field what to check on the deed before you buy.
3 min read
The title deed document (tapu senedi) is a summary of a property; the authoritative information is in the land registry record (tapu kütüğü). Viewing the current record before deciding to buy is the only reliable way to know whether there are rights on the property that could cause you problems.
Where do you get the current record?
- The owner can view the record for their own properties through e-Devlet's Title Deed Information Inquiry service and share a printout.
- A 'title deed record copy' can be obtained from the land registry directorate.
- Using the block/parcel (ada/parsel) information, you can see a parcel's location and area through the General Directorate of Land Registry and Cadastre's parcel inquiry application; however, this application does not show owner or annotation information.
Sections of the record
| Section | What it shows | Watch out for |
|---|---|---|
| Property information | Province, district, neighborhood, block, parcel, area, nature | If the nature is not 'residence' (e.g. 'land', 'shop'), use and financing can be a problem. |
| Owner information | In whose name, with what share, it is registered | If shared, the status of all co-owners matters. |
| Annotations (şerh) | Rights and restrictions that can be asserted against third parties | Watch for attachment, injunction, promise-of-sale and family-residence annotations. |
| Declarations (beyan) | Informational notes about the property | Notes such as a management plan, risky-building status, or a zoning implementation. |
| Liens (rehin) | Security records such as mortgages | Check the amount, the creditor and the ranking. |
Common annotations and their meaning
- Attachment annotation (haciz şerhi): A restriction placed by the enforcement office because of the owner's debt. An attached property can still be transferred, but the creditor's right continues; as the buyer, you would take on the home together with the attachment.
- Interim injunction (ihtiyati tedbir): A court order that blocks the transfer of a property until a lawsuit is concluded. While an injunction is in place, transfer is usually not possible.
- Promise-of-sale annotation (satış vaadi şerhi): Shows that the owner has undertaken, before a notary, to sell the property to someone else. The earlier promisee's right may take priority over yours.
- Lease annotation (kira şerhi): Shows that the tenant's right will also be protected against the new owner.
- Family residence annotation (aile konutu şerhi): Shows that the home is a family residence and that sale requires the other spouse's explicit consent.
- Usufruct right (intifa hakkı): Shows that someone else has the right to use the home and collect its income; even as the owner, you may not be able to live there.
What does a mortgage mean?
A mortgage (ipotek) shows that the home has been pledged as security for a debt. Most homes bought with a mortgage loan carry the bank's lien. A mortgaged home can be bought, but paying before the debt is settled and the mortgage is released (fek), or before the transaction is coordinated with the bank so the new loan pays off the previous debt, is risky.
This content is for general information only and is not a substitute for legal, financial or tax advice. Rates, amounts and legislation can change over time. Confirm current information with the relevant authority or a professional before proceeding with a transaction.