Title Deed Guide
Mortgages, Annotations and Encumbrances
How is a mortgage released, can a mortgaged home be sold, how is a family home annotation registered and how do you get an encumbrance record? What to know before buying in Turkey.
Last updated: · RE/MAX İDA
A property’s title deed record shows more than just the owner’s name; it also contains entries that restrict ownership or grant rights to third parties. All of these entries together are called takyidat (encumbrances). Reviewing the encumbrances of a property you plan to buy is one of the most important preliminary checks.
Main entries covered by encumbrances
- Mortgage (ipotek): A charge placed on the property as security for a debt.
- Attachment (haciz): A restriction placed by an enforcement office at a creditor’s request.
- Annotation (şerh): Personal rights such as a lease, a promise to sell or a family home registered on the title deed.
- Declarations and easements: Entries such as a management plan, right of way or usufruct.
Buying a mortgaged property
A mortgaged property can be sold. In practice, part of the sale price is usually used to pay off the debt, and the transfer takes place once the mortgage has been released. Agreeing in writing on the order of payments is the safe option for both parties.
Family home annotation
While the marriage continues, either spouse can have a family home annotation (aile konutu şerhi) registered on the property used as the family home. This annotation prevents the home from being sold without the other spouse’s consent. Its existence should always be checked before buying.
The information on this page is for general guidance only.
Frequently asked questions on this topic
I have paid off my mortgage. What do I need to do to have the mortgage removed from my property?
A mortgage on a property is not automatically deleted from the title deed record when the loan is repaid. A “mortgage release” (ipotek terkini) has to be carried out. Today most banks notify the land registry electronically that the debt has been closed; once this notification is made, the mortgage is deleted without the owner having to apply separately.
If the bank does not send an electronic notification, you should obtain an official letter from the bank confirming that the debt has been paid and apply to the land registry with it. After the necessary checks, the mortgage is removed from the register.
How is a family home annotation registered? Can it be added after divorce?
While the marriage continues, either spouse can apply to the land registry to have a family home annotation (aile konutu şerhi) registered on the property. This annotation prevents the property from being sold without the other spouse’s consent.
A family home annotation cannot be registered after the divorce has taken place.
Can a mortgaged property be sold?
Yes, a mortgaged property can be sold. In most cases the mortgage debt is paid off from the sale price and the mortgage is released. However, the parties may also agree on a different method.
What is “takyidat”? How do I get a copy of the title deed record, and what are the fees?
“Takyidat” refers to all records that restrict the ownership of a property, such as mortgages, attachments and annotations. A copy of the title deed record and the encumbrance information can be obtained through the Web Tapu system. A fee or revolving fund charge may apply when obtaining these documents.