A. The Regulation on the Procedures and Principles Regarding the Execution of Title Deed Transactions Outside the Authority Area and in Case the Parties are Located in Different Units has been Published!

"The Regulation on the Procedures and Principles Regarding the Execution of Title Deed Transactions Outside the Authority Area and in Case the Parties are Located in Different Units" ("Regulation") prepared by the Ministry of Environment, Urbanization and Climate Change was published in the Official Gazette dated 03.12.2024 and numbered 32741.

• Pursuant to Article 5 of the Regulation, in the event that the parties are located in different land registry units, contracts for the transfer of ownership and land registry transactions related to immovables registered outside the authority can be carried out electronically without obtaining authorization from the land registry directorate where the immovable is registered.
• Within the scope of Provisional Article 1, title deed transactions outside the jurisdiction will not be possible with powers of attorney issued before 21 November 2023.
• Within the scope of Article 11, if there is more than one party transferring ownership, the application must be made by the parties to the same unit.
• Receiving applications, issuing official deeds and other processes will be carried out digitally. With this regulation, it is planned that non-jurisdictional title deed transactions will be carried out electronically, quickly and securely.
• This regulation entered into force on 03.12.2024.

Please click on the link to access to the relevant Regulation: https://www.resmigazete.gov.tr/eskiler/2024/12/20241203-1.htm

 B. Circular No. 2024/5 has been published.

Circular No. 2024/5 dated 29.11.2024 on "Mediation Practices in Land Registry" ("Circular") was published by the Ministry of Environment, Urbanization and Climate Change, General Directorate of Land Registry and Cadastre, Land Registry Department. The Circular explains in detail the amendments made to the Law No. 7445 on Amendments to the Execution and Bankruptcy Law and Certain Laws and the Law No. 7531 and the Law No. 6325 on Mediation in Civil Disputes. With the amendments, the scope of disputes that can be resolved through mandatory and optional mediation has been expanded, disputes regarding the transfer of immovable property and the establishment of limited property rights on immovable property, disputes regarding the division of immovable property and the elimination of partnership have been included in the scope of mediation, and it is regulated that one of the parties of the mediation agreement document can request registration from the land registry office.

• Disputes that can be resolved through mediation: Disputes regarding the transfer of immovable property and the establishment of limited real rights on immovable property can now be resolved through mediation. If the parties agree, an agreement document is issued and a request for registration can be made to the land registry office by obtaining an enforceability annotation.
• Restriction of Dispositive Power in Mediation: When the parties participate in the mediation process, the power of disposition may be restricted upon their written agreement and the request of the mediator. In this case, the interests of the parties are temporarily secured by annotating the land registry.
• Mediation as a Condition for Litigation: Disputes regarding the transfer of immovable property or the establishment of limited real rights on immovable property are eligible for voluntary mediation, while disputes regarding the division of immovable property and the elimination of partnership are eligible for mandatory mediation.
• Enforceability Annotation and Registration: In order for mediation agreements to be enforceable, an annotation from the court is required. After this annotation is obtained, one of the parties may request registration to the land registry office. The land registry office initiates the registration process by making the necessary examination.
• Inheritors and Registration: In cases related to inheritance, it is possible to convert the immovable from joint ownership to shared ownership according to the inheritance share. In this process, the mediation agreement document and certificate of inheritance must be submitted.

Please click on the link to access to the relevant Circular: https://www.tkgm.gov.tr/sites/default/files/2024-12/Tapu%20Sicilinde%20Arabuluculuk%20Uygulamalar%C4%B1%20Genelgesi.pdf