A GENERAL OVERVIEW OF THE LAND REGISTRY AND CADASTRE SYSTEM IN TURKEY
In our country, land registry is the registry maintained under inspection and supervision and strict liability of the State. Under Article 1007 of the Turkish Civil Law, the State is responsible for any losses arising out of the land registry maintained.
In Turkey, land registry procedures such as sale, grant, transfer by inheritance, and mortgage take place through land registry directorates only, and real estate ownership may be assigned by an official deed to be signed at the land registry directorates and registration.
It is also possible to sign “agreement for the promise of sale” before the notary public. However, an “agreement for the promise of sale” signed before the notary public or any contract of sale issued outside will only constitute a preliminary agreement that entitles one to request the real estate to be sold. It is not possible to transfer real estate ownership by an agreement for the promise of sale. One can apply to the land registry directorate of the place, where the real estate is located, for land registry procedure requests; and it is also possible to apply to any land registry directorate in Turkey or the land registry and cadastre representation offices abroad.
In our country, creation of initial cadastre started during the early years of the Republic and at present, the country’s cadastre is complete by 100%. Although cadastre procedures involving real estates, such as setting marks, land use conversion, parceling and land amalgamation are also performed by land registry directorates, some of these services may also be performed by Licensed Mapping and Cadastre Offices (LİHKAB) authorized under the Law No 5368.