Ceren Çakır / Partner
Feyza İkiz / Associate
Title Locking
Commonly known as title locking or title lock insurance in public discourse, the Non-Transactable Declaration (İşlem Yapılamaz Beyanı in Turkish) is a digital security measure, designed to prevent third parties from conducting any legal transaction -such as sale, transfer, or mortgage- on an immovable property by proxy, without requiring the owner to physically attend the land registry. Once this declaration officially referred as the Non-Transactable Declaration is recorded in the land registry, no transaction can be executed by third parties on the immovable property.
This method provides the owner with an effective protection mechanism against various risks that may arise in transactions concerning immovable property ownership. Through this declaration, effective safeguards are established against unauthorized transactions at the land registry by appointed proxies, fraudulent sales, identity theft, and potential irregularities arising from inheritance or power of attorney.
The Non-Transactable Declaration can be submitted free of charge via the General Directorate of Land Registry and Cadastre’s Web-Tapu platform or through a computer by following the steps outlined below.
The Non-Transactable Declaration does not restrict the right of ownership. It merely prevents transactions on the immovable property from being conducted unless the owner attends in person at the land registry. Once the restriction is lifted, the immovable property becomes eligible again for transactions to be conducted by third parties by proxy.
1. Log in to the e-Government Portal (Alternatively, log in directly to Web-Tapu)
2. Accessing the “Web-Tapu” Service
3. Declaration Procedures Menu
4. Establishment of the Non-Transactable Declaration
Once “Confirm” is clicked on this screen, the DECLARATION ESTABLISHMENT AGREEMENT” must be approved as demonstrated in the visual below.
Once the “I have read and approve” checkbox is ticked, the “Proceed with transaction” button must be clicked.
Thus, the Non-Transactable Declaration process is completed for the selected immovable property or properties. By clicking the printer icon on the same page, it is possible to download a file containing a list of the transaction and the immovable properties involved.
5. Removal of the Non-Transactable Declaration
The Non-Transactable Declaration is instantly recorded in the system of the General Directorate of Land Registry and Cadastre and becomes visible to land registries on the same day. This ensures that the selected immovable property or properties are secured within a short period of time.
The Non-Transactable Declaration may be easily removed via the “Remove Non-Transactable Declaration” tab on the Web-Tapu platform, by following steps similar to those used during the initial declaration process.
The information and assessments contained in this article are provided for informational purposes only. They do not constitute a legal opinion applicable to any specific case. This article is not intended as advertising. All intellectual property rights belong to the author, and all rights are reserved.