The New Land Registry Bylaw

September 12, 2013

Effecting of the Land Registry Bylaw on August 17, 2013 with Resolution No. 2013/5150 is of a nature that affects especially the most frequently used procedures in practice. It would be beneficial to have an understanding of the recent amendments, as summarized below, in order to prevent potential loss of rights:

  • It is now mandatory that TR ID No or block parcel no is submitted in every record query, including confiscation procedures. Thus, confiscation requests including only the name, father's name and birth date of the debtor will be rejected. (Art.16/4)

  • Letters of proxy to be submitted for land registry procedures should include the signature of the grantor. Thus, letter of proxy copies with a "the original is signed" notary certification will not be accepted for applications. Undoubtedly, this provision will be applicable for the letters proxy issued after the effective date of the bylaw. (Art.18/4)

  • Confiscations regarding which the relevant land registry directorate is not notified of renewal within 2 years following the date of the deed restriction (excluding the time period granted with public confiscations, bankruptcy and composition procedures, as well as deed restrictions specified in Art. 150/c of the Debt Enforcement and Bankruptcy Law) will be cancelled. The relevant procedures will be notified to the relevant debt enforcement office. (Art.69/5)

  • Confiscations regarding which the relevant land registry directorate is not notified of renewal within 2 years following the date of the deed restriction (excluding the time period granted with public confiscations, bankruptcy and composition procedures, as well as deed restrictions specified in Art. 150/c of the Debt Enforcement and Bankruptcy Law) will be cancelled. The relevant procedures will be notified to the relevant debt enforcement office. (Art.69/5)

  • The bylaw provides that documents that are in kind and can end personal rights cannot be submitted for land registry procedures with manual follow-up. Thus, confiscation and mortgage cancellation documents will be submitted in accordance with the provisions of the Notification Law, rather than with manual follow-up. (Art.88)

  • Prior to the effective date of the bylaw, correction of the writing errors in the land registry regarding name, surname or father's name of the owner or the right holder, resulting from the cadaster works, could only be possible by a court verdict. However, after the new bylaw, errors can be corrected by recording into the journal, if it can be proven that the request originates from the right holder himself/herself, based on the examination of records and documents, witness and expert testimonials, and reports regarding field assessments. (Art.75)

  • The General Directorate is authorized for the provision of access to data over the Land Registry and Cadaster Information System (TAKBIS) for real persons and legal entities within the scope of the protocol. (Art.14)

Whether or not access authorization will be granted to the Union of Turkish Bar Associations (and therefore to the lawyers) will be clarified in time, with the practicing of the new bylaw. Other than the abovementioned, electronic storage of the Land Registry and electronic performance of the registry procedures, especially granting of access authorization to institutions via specific protocols, are very suitable for modern practices. Additionally, it would be right to comment that the new bylaw contains significant regulations that especially enable citizens to utilize their individual rights recorded in the registry and prevent unjust treatments.

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