Turquoise sea, white beaches, untouched nature, warm weather, large historical sites, culture and more to discover. In recent years, Turkey has also become a popular destination spa and healthcare tourism.
In 2014, Turkey attracted around 42 million foreign tourists, ranking as the 6th most popular tourist destination in the World.
Many Mediterranean and Aegean coast lines have priceless experiences and touching the lives in all respects. All these reasons make the Turkey is the centre of attraction in EU region and Eurasia for Acquisition of Real Estate by Foreigners in Turkey. Also Turkey is separated from the other holiday destinations because of many reasons.
First of all it is maximum 3 hours away from the EU countries, Euroasia and Middle East Countries by flight.
Secondly, cheaper than other regions stated before.
And thirdly, a secular, democratic and globalized.
And many reasons can be listed further.
In the past decade purchasing property in Turkey became very popular through holiday home owners and investors worldwide. National Statistic Institute statistics show numbers of Acquisition of Real Estate by Foreigners in Turkey.
Year of 2013, 12.181,
Year of 2014 18.959,
Year of 2015 22.830,
All these reasons enforce the Turkish Parliament to enact the certain amendments for the Land Registry Law No 2644 in 2012, which regulates acquisition of property by foreigners easily. The amendment has bring remarkable changes for real property acquisition of foreigners in Turkey by the enactment of the Law on Amendments on Land Registry Law and Cadastral Law numbered 6302 (Law No 6302) in 2012. With this amendment, in any case, entitled to further limit, restrict, and partially or fully cease or prohibit acquisitions of real property and limited rights in rem by foreign real persons and legal entities in Turkey in the interest of the state have been all changed.
However, it is very important for foreigners who want to obtain real estate in Turkey to get legal support. It is a common situation that real estate agents who act as intermediaries in buying and selling transactions do not consider the buyer as a duty to inform the legal status of the real estate. For this reason, most buyers can be informed of legal premises of the real estate much later than the sales process, and often lose their rights when the law foresees defective periods in terms of notifying the defenders of the law.
First of all, it should be noted that the sale of real estate in Turkey can be realized with the official deed issued by the Land Registry Office. Preliminary agreements on the sale of real estate are valid only if they are arranged in the form of an arrangement with a notary public. However, even such an agreement provides for the transfer of the priesthood by filing a lawsuit, even if the full amount of the sale has been paid. Such a legal process will take a long time without controversy.
In this regard, it is necessary for foreigners to investigate the legal status of the real estate before making any agreement on the sale of the real estate, and to support it if they do not have sufficient information.
In our country, the register of land register is the domain of every real person who proves the interest. In practice, however, it is almost impossible for any person without a preliminary contract to examine the real estate record since the Land Registry Office interprets the concept of interest narrowly. However, the Lawyers have the authority to review the title deed in accordance with the authority provided by the Law on Advocacy.
During this examination, the contents should be investigated if there is any tardiness or commentary in the register, If there is a commentary or tacit, the content should be investigated. Again, it should be determined whether the owner of the real estate on the real estate sale subject is a rights owner.
It is not possible to say that the examination made only in register of land title is sufficient. However, it is necessary to get information about the zoning status of the immovable by applying to the municipality where the real estate belongs. Because the zoning status of the immovable shows primarily the conditions of reconstruction after acquisition. Therefore, if there is a restriction such as recreation area in the immovable, the building will not be constructed in the future. This will greatly affect the value of the immovable. The rate of build-up will also become evident in the case of reconstruction.
Another important issue is the evidence of the cadastral directorate. Especially in the sale of real estate which is near the forest, it should be investigated whether the immovable remains on the forest boundaries by applying the cadastral directorate, not enough only to the land registry office and municipality registers. Because of our Constitution, the acquisition of forest land is not possible. Therefore, even if any forest land is determined as private land even if it is faulted by the cadastre office and is accordingly recorded in the land register, land registration will be canceled without regard to this situation when it is determined that the landed land has been left on the forest boundaries.
If there is any disagreement about buying and selling, it is necessary to move the arbitration to the judiciary and to file a lawsuit in Turkish courts. It is important that the legal process is carried out correctly and that it is known how the process will be carried out together with the telling of the plaintiff.
In short, the acquisition of real estate can lead to the possession of legal disputes from an investor if there is no research conducted following the above methods.
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