Mortgages, seizures and annotations on the tapu record: how to read a property’s record before buying

A nice-looking deed in the seller’s hand is not enough. What matters is the live record at the land registry office, because it shows what you cannot see in the photos: a debt on the property, a lawsuit, or someone else’s right. In this guide we explain the sections of the record, known as takyidat (the encumbrance record), and what each entry means.

The sections of the tapu record

1. Owner (Malik): the name and the share.
2. Mortgages (Rehinler / İpotekler): debts secured on the property.
3. Annotations (Şerhler): rights and restrictions registered in favour of individuals or bodies.
4. Declarations (Beyanlar): legal information about the property or the building.
5. Easements (İrtifaklar): such as a right of way or a right of usufruct.

Bank mortgage (İpotek)

The most common entry, because many owners bought with a loan.

• It does not prevent the purchase if it is arranged properly.
• Ask the bank for a debt statement letter showing the balance outstanding up to the day of sale.
• The debt is paid from the sale price directly to the bank, and the mortgage is released before the transfer or at the same appointment.
• Never pay the seller the full price on a promise that they will “release the mortgage later”.

Seizure (Haciz) and injunction (İhtiyati Tedbir)

• Seizure: placed by a creditor or the tax office to collect a debt. The debt must be paid and the seizure formally lifted before the transfer.
• Court injunction: issued by a court because of a dispute, and it prevents any dealing with the property. Do not go near a property with an injunction on it until it is lifted.

Annotations that deserve attention

• Lease annotation (Kira Şerhi): a registered lease that binds the new owner. Read its term and conditions.
• Promise of sale annotation (Satış Vaadi Şerhi): someone else holds a promise-to-sell contract for the same property. This is a stop sign until things are clear. See the promise of sale contract guide.
• Family home annotation (Aile Konutu Şerhi): the property cannot be sold without the explicit consent of the owner’s spouse.
• Pre-emption right annotation (Önalım Hakkı): in shared ownership, the co-owners have a priority right to buy.

Important declarations

• Risky building declaration (Riskli Yapı): the building is classified as risky under the urban transformation law and will be demolished and rebuilt. This changes the deal entirely. See the urban transformation guide.
• Management plan (Yönetim Planı): the rules of the building or complex, including usage rules and fees.

Usufruct right (İntifa Hakkı)

A property can be in one person’s name while another person holds the right to live in it or use it for life. If you buy without having it removed, you may not be able to use your own property.

What the record does not show

• Unpaid maintenance fees. See the maintenance fees guide.
• Unpaid utility bills (electricity, water and gas).
• Unregistered building violations. See the occupancy certificate guide.

That is why checking the record is part of the pre-purchase checklist, not all of it.

When should you check the record?

1. Before the deposit: to know whether anything blocks the deal.
2. One or two days before the appointment: because a new entry can be registered at any time.
3. On the day of the appointment: the land registry officer reviews it before signing.

In short

Read the record the way a banker does: who owns it? Who has a right over the property? What must be lifted before the transfer? A bank mortgage can be arranged, a seizure or injunction must be lifted, and a promise of sale annotation or usufruct right is a reason to stop until things are clear.

We check the tapu record of every property we list before you pay anything. Contact us if you would like us to go through a specific record with you.