Shared Title Deeds and Pre-emption 2026

What is a shared title deed, what can co-owners do, how is pre-emption exercised? The new periods and the market-value rule in force since 25.12.2025 are here.

A shared title deed (hisseli tapu) is a situation where a property belongs to more than one person in defined shares. It is common in inherited plots, jointly bought olive groves and family homes. In the Turkish Civil Code this situation is called co-ownership in shares (paylı mülkiyet). In this guide we summarize the rights of co-owners and the rules on the right of pre-emption (şufa) as amended by Law No. 7571 dated 24.12.2025.

Basic rules of co-ownership in shares

Under Article 688 of the Civil Code, in co-ownership in shares, several persons own the whole of an undivided thing in specified shares. Unless otherwise determined, the shares are presumed equal. Each co-owner has the rights and obligations of an owner with respect to their own share; a share may be transferred, pledged and attached.

Under Article 689, co-owners may, unanimously, establish a different arrangement among themselves on matters of use and management. If the signatures on such agreements concerning real property are notarized, an annotation can be entered in the land register at the request of one of the co-owners. For example, a use agreement such as “A uses the northern section of the olive grove and B uses the southern section” can be registered this way.

Points to watch when buying a shared title deed

A share is not a specific place. The share in the title deed is a proportional right over the whole property; a boundary such as “this corner is mine” does not arise from the title deed.
The other co-owners have a right of pre-emption. If you sell a share to someone who is not a co-owner, or if you buy such a share, the other co-owners may bring a suit within the periods described below.
Agricultural land has additional restrictions. Under Article 8/B of Law No. 5403, transactions on agricultural land such as subdivision, share creation and transfer of shares are carried out with the permission of the Ministry of Agriculture and Forestry.
The share ratio matters in loan assessment. In BDDK Decision No. 10656, it is stated that, when assessing home ownership for the loan-to-value ratio, those who hold 50 percent or less of the shares in any home title deed will not be taken into account, except for those who hold shared title deeds in more than one home.

What is the right of pre-emption?

Under Article 732 of the Civil Code, if a co-owner in co-ownership in shares sells their share in the property, in whole or in part, to a third person, the other co-owners may exercise the right of pre-emption. The right is exercised by bringing a suit against the buyer (Article 734). The right does not arise in sales between co-owners; it comes into play in a sale to someone who is not a co-owner.

Rules changed as of 25.12.2025

Articles 733 and 734 were amended by Law No. 7571; the changes entered into force on 25.12.2025:

The forfeiture period was shortened: The right of pre-emption lapses three months after the date on which the sale is notified to the right holder and in any case one year after the sale. In the previous text the upper limit was two years.
The price is now the market value: The market value of the share in dispute is determined by the judge without delay. The holder of the right of pre-emption must deposit in cash this value and the registration costs borne by the buyer within the final period given by the judge; if they do not, the share cannot be ordered to be registered in their name.
Cases where it cannot be exercised: The right of pre-emption cannot be exercised in sales falling under the State Tender Law No. 2886 and in sales made by compulsory auction.

Under provisional Article 1 added to the law, the changes in Article 733 do not apply to sales made before the entry into force; the changes in Article 734 also apply to suits filed before the entry into force.

Notification and waiver

A sale made under Article 733 is notified to the other co-owners by the buyer or the seller through a notary. Since the three-month period starts running with this notification, having the notification made shortens the uncertainty from the point of view of the person acquiring the share. A general waiver of the right of pre-emption must be made in official form and annotated in the title deed; a waiver for a specific sale is subject to written form and may be made before or after the sale.

Dissolution of co-ownership (izale-i şuyu)

If the co-owners cannot agree, under Article 698 each co-owner may demand the division of the property. Under Article 699, division takes place by physical partition or by sale; if physical partition is not suitable, sale by public auction is ordered. Under Article 18/B of Law No. 6325, in disputes concerning the dissolution of co-ownership, applying to a mediator before filing suit is a condition for the suit.

Checklist

See the co-owners and share ratios in the title deed.
Check whether there is a use agreement or an annotation relating to the right of pre-emption.
If you are acquiring a share, plan for the sale to be notified to the co-owners through a notary.
If it is agricultural land, ask whether Ministry permission is required.
Make your budget bearing in mind that, in a possible pre-emption suit, the share may change hands at its market value.

Aktif Emlak can guide you while you examine the title deed record and co-owner structure of a shared property; we recommend that you consult a lawyer for litigation and mediation processes.