Section 4 · Ownership risks

The pre-emption (şuf'a) risk in shared-title parcels, and solutions

When a share is sold, the other co-owners can take it from the buyer by depositing the market value (TMK 732–734)

In co-ownership, if one co-owner sells their share to a third party, all the other co-owners hold a statutory pre-emption right (yasal önalım, ‘şuf'a’). If the sale is notified to the co-owners through a notary, the limitation period for suing is 3 months from notification; if it is not notified, the right lapses in any case one year after the sale. In the lawsuit, the judge sets the value of the share as market value; the pre-emption holder must deposit this amount and the buyer's title-deed expenses within the final period given (Law No. 7571, 25 December 2025). For sales before that date, the old 2-year period applies.

Step-by-step process

Analysing the co-owner structure and share distribution (Web-Tapu and Parselo (user-declared)). Under KVKK (Personal Data Protection Law No. 6698), the national ID and phone details of owners in the title-deed register are not public; however, through Web-Tapu you can see how many co-owners the property has (number of shareholders) and the share numerator/denominator ratios. In Parselo, the ownership type and the number of co-owners are your own declaration; indivisibility risks under Law No. 5403 are assessed according to this declaration.
Obtaining a notarised pre-emption waiver (Notary). Before the sale, get a written waiver from the co-owners for this sale; if a general waiver is wanted, have it drawn up in the official form and annotated in the title-deed register (TMK Art. 733/2). A co-owner who has validly waived cannot bring a pre-emption lawsuit for this sale.
Notifying the sale through a notary (notarial notice) (Notary and PTT service of notice). If a waiver cannot be obtained, on the day the sale is completed at the land registry the buyer or seller should have an official notice served through a notary on all the other co-owners, stating the sale price and the buyer's details. The limitation period for suing is 3 months from notification; if no notice is given, the right lapses one year after the sale.
Registering the real sale price at the land registry (Land Registry Directorate). Declare the real price at the land registry. The fee is charged on the declared price and cannot be less than the property-tax value; for a low declaration, a difference in fees and a tax-loss penalty are assessed (Law No. 492 Art. 63). In a pre-emption lawsuit, the price is the market value set by the judge.

Legal basis

Turkish Civil Code (Türk Medeni Kanunu, TMK) Art. 732 (the holder of the pre-emption right and its exercise)
TMK Art. 733 (notification, waiver and forfeiture periods: 3 months and 1 year — as amended by Law No. 7571)
TMK Art. 734 (pre-emption lawsuit; market value set by the judge and deposited)
Court of Cassation General Assembly of Civil Chambers (Yargıtay HGK) case law on de facto partition (e.g. E. 2024/447, K. 2025/400)

Key principles

Declaring a low price. Showing a low price at the land registry does not help in a pre-emption lawsuit: the judge sets the price as market value. On the other hand, a difference in fees and a tax-loss penalty may be assessed (Law No. 492 Art. 63).

Notarial notice and the 3-month forfeiture period. If the sale is notified to the co-owners through a notary, the limitation period for suing is 3 months from notification. If it is not notified, the right lapses in any case one year after the sale (2 years for sales before 25 December 2025).

De facto partition (rızai taksim) defence. If the co-owners have in fact divided the ground and the share sold corresponds to this divided part, the Court of Cassation General Assembly may regard the exercise of the pre-emption right as contrary to the rule of good faith (e.g. E. 2024/447, K. 2025/400). It varies with the specific case.

Notarised pre-emption waiver. A waiver for a specific sale can be made in writing; a general waiver covering all sales must be made in the official form and annotated in the title-deed register (TMK Art. 733/2).

Mistakes to avoid

Buying or selling a shared-title plot without obtaining a written notarial waiver from the co-owners.
Showing a lower real sale price at the land registry and paying the difference in cash (risk of tax assessment; the payment becomes hard to prove).
Relying on verbal agreements without making the de facto partition agreement in writing and with a sketch.

Checklist

In a shared-title sale, either a notarial sale notice must be sent to all co-owners or a waiver must be obtained.
The sale price at the land registry must match the real bank transfer to the last kuruş.
A Parselo file shows the co-owner structure and ownership type you declared.

With Parselo

You upload or draw the boundary yourself; the ownership type (sole title / shared title) and the number of co-owners are your own declaration. Based on this declaration, Parselo gives the buyer and seller a pre-emption (şuf'a) risk checklist for shared-title parcels.

Official source: Union of Notaries of Türkiye e-Services (Türkiye Noterler Birliği) (https://portal.tnb.org.tr)

For information only; for definitive information, consult the official institutions and sources. This booklet was prepared by Parselo Coğrafi Bilgi Sistemleri; legislation may change, so confirm with the relevant institution before any transaction.

Step-by-step process

Analysing the co-owner structure and share distribution (Web-Tapu and Parselo (user-declared)). Under KVKK (Personal Data Protection Law No. 6698), the national ID and phone details of owners in the title-deed register are not public; however, through Web-Tapu you can see how many co-owners the property has (number of shareholders) and the share numerator/denominator ratios. In Parselo, the ownership type and the number of co-owners are your own declaration; indivisibility risks under Law No. 5403 are assessed according to this declaration.

Obtaining a notarised pre-emption waiver (Notary). Before the sale, get a written waiver from the co-owners for this sale; if a general waiver is wanted, have it drawn up in the official form and annotated in the title-deed register (TMK Art. 733/2). A co-owner who has validly waived cannot bring a pre-emption lawsuit for this sale.

Notifying the sale through a notary (notarial notice) (Notary and PTT service of notice). If a waiver cannot be obtained, on the day the sale is completed at the land registry the buyer or seller should have an official notice served through a notary on all the other co-owners, stating the sale price and the buyer's details. The limitation period for suing is 3 months from notification; if no notice is given, the right lapses one year after the sale.

Registering the real sale price at the land registry (Land Registry Directorate). Declare the real price at the land registry. The fee is charged on the declared price and cannot be less than the property-tax value; for a low declaration, a difference in fees and a tax-loss penalty are assessed (Law No. 492 Art. 63). In a pre-emption lawsuit, the price is the market value set by the judge.

Legal basis

Turkish Civil Code (Türk Medeni Kanunu, TMK) Art. 732 (the holder of the pre-emption right and its exercise)

TMK Art. 733 (notification, waiver and forfeiture periods: 3 months and 1 year — as amended by Law No. 7571)

TMK Art. 734 (pre-emption lawsuit; market value set by the judge and deposited)

Court of Cassation General Assembly of Civil Chambers (Yargıtay HGK) case law on de facto partition (e.g. E. 2024/447, K. 2025/400)

Key principles

Mistakes to avoid

Buying or selling a shared-title plot without obtaining a written notarial waiver from the co-owners.

Showing a lower real sale price at the land registry and paying the difference in cash (risk of tax assessment; the payment becomes hard to prove).

Relying on verbal agreements without making the de facto partition agreement in writing and with a sketch.

With Parselo