The Registration Principle in Acquiring Immovable Property Ownership

Legal Article · 12 November 2026
Thomas Andreas Di Constantinople, Attorney at Law

The basic rule for acquiring ownership of immovable property is registration. Under Article 705 of the Turkish Civil Code (TMK), ownership generally passes through registration in the land register. An agreement creating an obligation to transfer ownership and the performance of that obligation are separate transactions. Payment of the price, delivery of keys or moving into the property therefore does not, by itself, establish that ownership has been acquired.

Official Form and Acquisition Before Registration

Article 706 TMK makes the validity of agreements intended to transfer ownership of immovable property conditional on official form. Unless a specific exception applies, an ordinary written document drawn up privately by the parties does not satisfy that form. The type of transaction and the authority of the official drawing it up are examined separately. The form requirement and the registration requirement are distinct; compliance with one does not make the other unnecessary.

The law recognises acquisition of ownership before registration in certain circumstances. Inheritance, a court decision, compulsory enforcement and expropriation are examples. Each ground for acquisition is subject to its own requirements. Becoming the owner before registration does not mean that every act of disposal can be carried out without registration. Article 705 TMK separately requires registration for disposal in these circumstances.

If the person obliged to transfer ownership refuses registration, a claim for transfer by judgment may arise under Article 716 TMK. A valid legal basis and an entitlement to claim are required. Long-term occupation or expenditure on the property does not automatically produce the same result. A claim to acquisition must be clearly characterised by reference to an agreement, inheritance, a decision or another statutory ground; the evidential requirements for these grounds differ.

This article has been prepared for general legal information.