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Title deeds suspended in Turkey

Last week The Turkish Constitutional Court temporarily suspended the issuing of title deeds to foreign property buyers.

Title deeds suspended in Turkey

However, while this may not sound particularly promising for those of you who are hoping to buy a property in Turkey, the situation isn't actually as bad as it first appears.

"The Constitutional Court of Turkey ruled that a specific section of Article 35 of the Title Deed Act (Tapu), which governs property acquisition by non-Turkish nationals and foreign companies, is contrary to the Turkish constitution," explains John Howell, a senior partner at the International Law Partnership. "The question is not whether foreign nationals should be allowed to acquire land in Turkey, but whether Parliament or the Government should relax limitations as to the size of land foreigners can purchase."

The Turkish government's concerns are mostly centred around the number of foreign-owned companies which are buying up huge tracts of agricultural land, particularly in the east of the country. Foreign nationals are already restricted from buying land and property in rural areas of Turkey, but under the proposed amendments, the same ban will apply to foreign-owned companies.

It is unlikely, then, that the majority of you - who are likely planning to buy in an officially zoned area of the country - will encounter any real problems, although if you are near to completion on a Turkish property, you will have to wait for a short time before it can be secured.

"This freeze is an inconvenience for anyone ready to complete on a property now, as they will have to wait until the new law is passed on 16th July but the changes in legislation will have no affect unless you were planning to buy rural land with a Turkish company," explains Dominic Whiting, editor of the Buying in Turkey guide. "The amendments will have absolutely no impact on the vast majority of British buyers – who are purchasing property or land in officially zoned areas in and around Turkish cities, towns and resorts."

To this, Howell adds: "This is a temporary measure and only in place until the Government decides on a new piece of legislation. Once the new legislation comes into force, the suspension will be lifted.

"This measure does not affect property rights of foreign nationals who already legally own Turkish property or those still wishing to buy property in Turkey."

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Article first published 23 April 2008