What is meant by easement in Turkey real estate
Last Updated: 2023-07-27What Is Meant By Easement In Turkey Real Estate?
Each field has its own terminology, as new pioneers in any field need to be aware and familiar with these terms, in order to avoid them getting into trouble, misunderstanding or dealing ..
And the real estate sector in Turkey is not isolated from all of the above, as it includes many terms and expressions that need explanation in detail of their true meanings.
We recall from these terms, (easement title) ... What is meant by easement title in Turkey? The floor easement means that sign that is placed on the title deed, i.e. (Tabu) that pertains to a land on which no building has been built, or on which construction work has just begun and has not finished.
What are the uses of the real estate easement title?
Real estate companies use easements to explain the properties and specifications related to a particular property to clients and customers.
Easement title deed is used to indicate the shares of all shareholders in Turkey's real estate, in the event that it falls under the ownership and share of more than one person .., as it is used to indicate the right of each participant in it .. from the moment of the project's start until its completion.
We note an important information, which is that there is a difference between the terms floor ownership and floor real estate easement ...
The essence of this difference is that the floor ownership is an adjective for the property in Turkey or the completed project, in contrast to the floor easement that is called for unfinished Turkey real estate.
What is the best ? Floor ownership or real estate easement?
The floor easement is subject to more legal dangers than the property marked with floor ownership, as the municipality can issue an official decision on the right to construction, which may amount to its complete demolition, in the event of some violations of the specifications laid down and agreed upon in advance, while the floor ownership is considered immunity to construction when completed.
How is the floor easement fixed on the title deed?
To perform this step, the owner of the property (the land), or all those who own shares in it, must submit an official statement to the Land Registry Directorate to inform it of their desire to fix the floor easement on the title deed of the property.
After this step, the owner or owners of the property must do the following:
-
The future project must be planned by a specialized architect, and this plan must be presented and signed by the owner or owners of the property and to ensure that it conforms to the specifications laid down by the municipality.
-
(This project includes the shares of the shareholders in the project in detail according to their location, area and related data ....
-
And also, an organizational plan must be drawn up to manage the project and its progress in all its phases, in detail, and signed by all the parties involved and the owners of shares in it.
-
The creation of a new plan will not be requested when moving to the stage of real estate ownership ... and the Land Registry employee must verify all documents and identities of the property owners and shareholders, and the validity of the established organizational plan ...
Is it possible that the title deed easement ends?
Yes, it may end automatically, in the event of a natural disaster that leads to the loss of the land, or if it becomes difficult or impossible to complete and finish the construction, or its acquisition by the government ...
The judge can also issue an order to terminate the easement title upon the request of one of the property owners in Turkey according to special conditions ... or extend the period allocated for construction as well.
By this, we have explained and separated what the term (easement title deed) is, which must be clear in the minds of all those coming to enter into real estate investment projects in Turkey.
And you must adhere to all that has been mentioned above, to ensure that your projects and investments proceed properly, away from the problems and legal violations that may cause the project to fail.
What is the function of the real estate easement bond in Turkey:
The importance of the real estate easement document comes at the forefront of the transaction that takes place in order for the individual to obtain a title deed permanently, that is, there is no validity period for its expiration, and they give this bond at the beginning of the real estate sale and purchase process, that is, when the legal procedures are still under implementation and the buyer did not get the property purchased yet.
How is the real estate floor easement terminated in Turkey?
It is possible that this floor easement will end on its own in the event of an earthquake or a natural disaster for the real estate land, and the property features disappear and with it the real estate easement disappears, and it is also possible that this easement ends when a written statement is placed in front of the Turkish Land Registry Directorate that includes this statement sharing the land between the owners of it, in addition to that this easement may be terminated if five years have passed and the project put in place has not been completed, so the judge ends it, and moreover, this easement will be considered null and void when the completion of the project on this land becomes impossible in certain cases, such as partial land demolition or taking a decision to make it within another project.
How can the floor easement be permanently and irreversibly fixed in real estate in Turkey?
If the landowners in Turkey want to permanently adopt the floor easement, they must submit a request to the Land Registry Directorate in order to mark it as what they want, and in this case they will need several steps to take.
What steps must be taken to permanently fix the floor easement?
First of all, the landowners must submit to the Land Registry Department in Turkey the scheme of the project that they will implement on the real estate land. This project is placed by an architect who is legally recognized, and this plan must be attached to an administrative plan for the project that will be established and that the landowners agree to it and signed by them as well.
What are the documents required to extract the real estate easement bond in Turkey:
First, you must have a tax number, personal photos of both parties, whether for the seller or the buyer, and you also need a personal identity of course, and you must also have insurance against earthquakes and natural disasters in case they occur, the state will compensate you for your losses, if you cannot attend in person during the buying or selling process, you can send an agent on behalf of you in this transaction, to whom you have previously sent a duly certified agency.
Some notes related to the real estate floor easement bond in Turkey:
At the beginning of the matter, the real estate easement document in Turkey may only be granted to the original owner of the property, as in the event that this property has more than one owner, all names must be mentioned in the deed and it is only one copy that contains all the details related to the property and its owners in every detail, in addition to that it is always advised for the owner of the property to be aware of all the legal details, even if they are simple, in order to have a true picture of everything that will take place, and this is to avoid deception and fraud. When signing the purchase contract, you must have all the required documents including the floor easement bond, personal ID, official delegation, and many more.
Editing by Mersat Real Estate Team©
Real estate Articles
Real estate News
