Legal Insights — EN

Acquiring Ownership of Immovable Property

Ownership of immovable property is usually acquired through registration; the law also provides for acquisition before registration in some cases. Purchase, inheritance, a court decision and possession-based acquisition are not subject to identical documents and requirements.
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Property Transactions and Legal Due Diligence

Real Estate and Property

Prepared by: Constantinople

Ownership of immovable property is usually acquired through registration; the law also provides for acquisition before registration in some cases. Purchase, inheritance, a court decision and possession-based acquisition are not subject to identical documents and requirements.

Acquisition Through Registration

In transactions intended to transfer immovable property, a valid legal basis, official form and authority to dispose are examined together. Payment of the price or delivery of keys does not invariably replace a title transfer. A registration claim arising from a promise of sale is likewise assessed while maintaining the distinction between a personal right and existing ownership.

Acquisition Before Registration

Ownership may arise before registration through inheritance, a court decision, compulsory enforcement and other cases specified by law. Nevertheless, completion of the land register entry may be necessary for the owner's acts of disposal. The document establishing the ground for acquisition and the registry procedure are connected but distinct stages.

Possession and Special Land Status

Long-term use can support a claim for registration only if statutory requirements are met. Registered or unregistered land, public property, forest status and cadastral circumstances produce different consequences. Before applying the requirements of one acquisition route automatically to another property, its records and land classification are investigated.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

  • Document establishing the ground for acquisition
  • Land register and cadastral records
  • Agreement or certificate of inheritance
  • Decision and certificate of finality
  • Payment and handover documents

Why Do the Particular Circumstances Matter?

For example, acquiring rights through inheritance and being able to transfer inherited property to a third party are different stages. The inheritance and co-ownership structure are examined first, followed by registration and representation arrangements. Preparing the procedure in the proper order reduces unnecessary applications.

Legal Basis

TMK 704–716,1023–1025