Buying property in Turkey—especially in high-demand areas like Istanbul or Maslak—can be a profitable investment. However, it’s essential to be aware of certain legal annotations (şerh) in the title deed, which can delay or even prevent a property sale.
Here are the key annotations that should be reviewed carefully before finalizing any real estate transaction:
Lien (Haciz):
If the property has an outstanding debt with a lien on it, the sale cannot proceed until the lien is cleared.
Preliminary Injunction (İhtiyati Tedbir):
A court order that temporarily blocks the transfer of the property. The sale can only go through once the injunction is lifted.
Mortgage (İpotek):
If the property is used as collateral for a loan, it may still be sold, but the mortgage must be paid off or transferred with consent.
Promise of Sale (Satış Vaadi):
If a notarized promise of sale has been previously recorded on the title deed, selling the property again can lead to legal conflict.
Family Residence Annotation (Aile Konutu):
If the property is registered as a family residence, it cannot be sold without the explicit consent of the spouse.
Right of Usufruct (İntifa Hakkı):
If someone holds usage rights on the property, ownership may be transferred, but the usage rights will still remain valid.
Lease Annotation (Kira Şerhi):
If a tenant agreement is officially registered with the title, the lease remains valid even if the property is sold.
These annotations are not just formalities—they carry legal weight. Always consult your real estate agent or attorney to ensure the property you intend to buy is free from legal blocks. This step is crucial for anyone aiming to invest in Turkish real estate or buy property in Istanbul with confidence and clarity.
