What Should You Consider During a Title Deed Transfer?

What Should You Consider During a Title Deed Transfer?

The title deed transfer is one of the most important stages of a real estate transaction. Ownership is officially transferred to the buyer once the relevant documents are signed and the registration is completed at the Land Registry Office.

Before completing the transaction, both the buyer and the seller should carefully examine the legal, financial, administrative and physical condition of the property. An inadequately reviewed transaction may result in disputes involving mortgages, liens, restrictions, incorrect unit details, unpaid purchase prices, tax penalties or delayed delivery.

1. Compare the title deed information with the actual property

The province, district, neighbourhood, block, parcel, independent unit number, surface area, land share, floor information and registered type of the property must be verified.

The buyer should ensure that the apartment, commercial unit, land or building being inspected is the same property registered in the title deed. In buildings containing similar units, the door number may not be the same as the independent unit number recorded at the Land Registry.

The registered type of the property, such as residence, commercial unit, land, agricultural land, warehouse or another classification, may affect its permitted use and financing. Where the actual use differs from the registered status, the municipality, Land Registry Office and, when necessary, a legal professional should be consulted.

2. Review mortgages, liens, annotations and restrictions

Before the transfer, an up-to-date land registry record and all encumbrance information should be reviewed. The parties should check whether the property is subject to:

A bank or private mortgage
A lien or provisional attachment
A court injunction
A family residence annotation
A usufruct or right of residence
Easements or rights of way
A preliminary sale agreement annotation
A registered lease
A risky building or urban transformation declaration
Expropriation or conservation restrictions
Special conditions under the building management plan

Certain registrations may not prevent the sale but may remain attached to the property after the transfer. Others may require the approval of a bank, creditor, spouse, court or public authority before they can be removed.

The fact that a property is technically transferable does not necessarily mean that it is free from legal risk. The effect of every annotation and restriction on the new owner should therefore be examined separately.

3. Verify the seller’s ownership and authority

The seller’s identity must correspond with the registered owner shown in the land registry. If the property is jointly owned, the exact share being transferred should be clearly identified.

Where the transaction is completed through a power of attorney, the document must be valid and must expressly authorise the purchase or sale of real estate. In transactions involving a company, the authority of the company representative and the required corporate documents should be verified.

Additional documents or approvals may be required in cases involving inheritance, guardianship, parental authority, family residences, companies or jointly owned properties. Where any uncertainty exists, information should be obtained from the Land Registry Office or a qualified legal professional before the transaction.

4. Investigate municipal and building records

A clear title deed does not necessarily mean that the property is free from construction or administrative problems. The following matters should also be investigated:

Building licence and occupancy permit
Condominium ownership or construction servitude status
Alterations contrary to the approved architectural project
Unauthorised extensions or enclosed areas
Zoning and development status
Risky building or urban transformation decisions
Outstanding building or site management fees
Electricity, water and natural gas liabilities
Existing tenants
The physical delivery status of the property

For land and agricultural properties, the zoning status, road access, cadastral access, shared ownership, agricultural restrictions, construction conditions and possible expropriation or public development projects should be examined.

5. Declare the actual purchase price

The sale price declared during the title deed transaction should reflect the actual amount agreed and paid between the parties. The declared value must not be lower than the official property tax value.

As a general rule in Türkiye, the title deed fee is charged separately to the buyer and the seller at a rate of 20 per thousand, equivalent to 2% for each party and 4% in total. A revolving fund or service charge may also apply depending on the transaction.

Declaring a lower value may lead to additional title deed fees, tax loss penalties, late-payment interest and difficulties in proving the actual purchase price in a future dispute.

6. Use a secure and traceable payment method

Cash payments are highly risky in high-value property transactions. Payments should preferably be made through a bank transfer or an authorised secure payment system.

The transfer description may include the property’s block, parcel or independent unit details and the purpose of the payment. The deposit, remaining purchase price, mortgage financing, payment date and refund conditions should be agreed in writing before the title deed appointment.

The seller should confirm that the funds have been securely received, while the buyer should avoid transferring the full amount without adequate protection before ownership is registered. Where available and appropriate, a secure account system connected to the title deed transaction may be used.

7. Prepare a written deposit and sale protocol

Where a deposit or advance payment is made before the title deed transfer, the parties should sign a written protocol containing:

The buyer’s and seller’s identity details
Complete land registry information
The actual purchase price
The deposit or advance payment
The payment date and method for the remaining balance
Allocation of title deed fees and other expenses
The agreed title deed transfer date
The delivery and handover date
Fixtures and items included in the sale
The status of any existing tenant
The consequences of either party withdrawing

Transactions involving instalments, deferred payments, penalties or a promise to sell should be documented through a legally appropriate agreement rather than a basic deposit receipt.

8. Prepare compulsory insurance and required documents

For qualifying residential buildings and independent units, the validity of Compulsory Earthquake Insurance should be checked before the transaction. The address, independent unit and surface area shown on the policy should correspond with the property.

The parties will generally need identity documents, property details and, where applicable, representation or power-of-attorney documents. Additional documents may be required for foreign nationals, companies, minors, persons under guardianship and heirs.

9. Read the official deed before signing

Before signing the official sale deed or transfer document, the parties should review it completely and verify:

The buyer’s and seller’s identity details
Block, parcel and independent unit information
The ownership share being transferred
The declared purchase price
Mortgages, annotations and restrictions
Any special statements accepted by the parties

Any incorrect or incomplete information should be reported to the land registry officer before signing. No document should be signed unless the parties understand and accept its contents.

10. Agree on the delivery conditions

The transfer of legal ownership and the physical delivery of the property may not always occur at the same time. The parties should determine in writing when the keys will be delivered, when the property will be vacated and which party will be responsible for management fees and utility charges up to the handover date.

Meter readings, keys, fixtures and the physical condition of the property may be documented in a handover report. This can reduce the risk of later disputes concerning damage, furniture, unpaid charges or evacuation.

11. Review the seller’s tax obligations

The seller should review the acquisition date of the property and determine whether the sale may generate a taxable capital gain. In particular, the sale of certain properties within five years of acquisition may result in an income tax obligation, depending on the circumstances.

Different rules may apply to inherited or gifted properties, repeated commercial sales and properties owned by companies. Professional advice from a certified public accountant or tax adviser should be obtained where necessary.

12. Complete the post-transfer procedures

After the transaction, the buyer should confirm that the property has been registered in their name and safely retain the new title deed document. Municipal property tax records, building management records and electricity, water, natural gas and other utility subscriptions should be updated.

The seller should complete the key handover, utility termination or transfer procedures and settle any remaining management obligations. Bank receipts, title deed fee receipts, sale protocols, handover reports and related documents should be retained by both parties.

Conclusion

A secure title deed transfer involves much more than signing documents at the Land Registry Office. The legal status of the property, encumbrances, municipal and construction records, payment method, declared price, delivery terms and authority of the parties should all be evaluated before the transaction.

Professional assistance is particularly important for mortgaged, attached, jointly owned, tenanted, inherited, company-owned or urban-transformation properties. Proper legal and technical review can significantly reduce the risk of future financial loss and legal disputes.

Legal Notice: This content has been prepared for general information purposes only. The legal and administrative circumstances of every property transaction may differ. Before entering into a binding transaction, the parties should obtain current and property-specific advice from the Land Registry Office, the relevant municipality, a tax professional or a lawyer specialising in real estate law.