An encumbrance is a constraint on the title deed of a property which restricts the rights of its owner to act on that property, or which may affect the security value of the property.
This note is intended to give some brief information about the potential encumbrances you may come across.
CULTURAL AND NATURAL HERITAGE IS ELIGIBLE FOR PROTECTION
These are properties listed by the General Directorate of Foundations and the Ministry of Culture for preservation. If the property belongs to the Treasury or any public agency, the permission from the Ministry of Culture is required for a transfer. There is no need for permission for the transfer if the property is owned by private entities.
DECISION FOR DEMOLITION
If the building on an immovable property is found to be contrary to the building permit and project, the municipal building will issue a cease and desist order and the municipality council may decide to demolish the building. Upon the request by the municipality, this demolition decision for the building is registered with its title deed. This declaration does not stop the creation of a mortgage over the property, but it rather acts as a warning for those who may acquire the rights of the property.
ANNOTATION FOR CONSTRUCTION AGREEMENT IN RETURN FOR FLAT
In a construction project in return for flats, the owner of the property promises to transfer a specific share of the property or certain independent units of the building to the contractor, in exchange for the construction work.
ANNOTATION FOR SALES PROMISE AGREEMENT
A sales promise is a preliminary contract where the owner commits to sell the property at a future date. A sales promise agreement is executed before a notary public. Upon request, it may be registered with the title deed. It will become null and void for third parties after ten years following the registration. But it remains applicable between the signatories for ten years.
FORBIDDEN MILITARY ZONE
A first degree forbidden military zone is an area that is in the range of 100 – 400 metres distance to the outer periphery of a military facility, as set by wire mesh. Such facilities are vital for territorial defence. A second degree forbidden military zone is defined as the areas surrounding the first degree zone, or those areas that are considered to be necessary for the purpose of national defence.
NOTATION FOR FORBIDDEN MILITARY AND SECURITY ZONES
They may be created over any piece of land or facilities which are owned by public or private persons and which have a strategic value.
ARCHAEOLOGICAL SITES (PROTECTED AREAS)
An archeologically protected site is an area whose protection is for the benefit of the public owing to its historical significance.
RIGHT OF WAY
Right of way is the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.
INNOVATIONS
An innovation is any object on a property that belongs to a third party other than the owner, such as a structure or a tree. It is possible to declare an innovation in the column of declarations in the land register pursuant to Article 19 of the Cadastral Law no 3402.
APPURTENANCES AND ACCESSORIES
These are places that are outside an independent unit but are directly attached and allocated to that unit. When the independent unit is transferred, the appurtenances will be automatically transferred.
Av. Hatice AKAY