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what is floor easement

What is Floor Easement?

The floor easement refers to the sign that is placed on the title deed, i.e. (Tapu), that belongs to land that has not yet been built on or on which construction work has just begun and has not yet been completed.  Real estate companies employ easements to explain the features and specs of certain properties to clients and customers. Easement title deeds are used to represent all shareholders in Turkey’s real estate if it is owned and shared by more than one individual, as well as to demonstrate the rights of each project participant from start to finish. It’s important to note that the terms “floor ownership” and “floor real estate easement” are not interchangeable.

What is the Use of Floor Easement?

The term “floor easement” refers to a sign inserted in the title deed that refers to a floor that has not yet been built on or developed. The property’s shares, as well as each owner’s portion, will be listed in this register. Construction companies and real estate marketers commonly use this register to present the attributes of the building to be sold to the customer on a map. The floor easement tries to express the owners’ shares of the established right in the real estate, or the statement. A floor easement is not the same as floor ownership, contrary to popular assumptions. A floor easement’s main goal is to establish legal ownership of the floor of the facility that will be built or is now being built on it. Turkish law requires that you shift from a floor easement to floor ownership once the housing process has begun. When purchasing a property that is currently under construction, it is vital to examine this issue. 

What is the Floor Easement Certificate in Turkey?

A title deed (Tapu) establishes a person’s legal right to own land. It is overseen by the General Directorate of Land Registry and Cadastre (Tapu ve Kadastro Genel Mudurlugu– TKGM). TKGM (previously Defthane-i Amire), the Turkish Republic’s heritage organization, was founded in 1847 and is one of the world’s oldest enterprises. Because all homes in Turkey are freehold, you have complete ownership rights once you purchase one. In addition, your family has the right to inherit once you pass away (succession). Irtifak (Floor Easement) The Deed of Title is a document that certifies the ownership of a property. This type is granted once at least 70% of the construction has been completed. The Land Registry Office evaluates and certifies that the building met the Building Code’s requirements. This sort of title deed, which provides detailed information about the property, can be provided by building builders to customers.

How to Get a Floor Easement Certificate?

Title deed administration and Turkish lands are the only ways to receive the ultimate title deed (tapu). It is crucial to realize that contracts documented by a clerk in a Turkish court are not considered comparable to a title deed under Turkish law. The procedures for extracting the tapu begin after the purchase process is completed, including the writing of the contract, both parties’ signatures, and payment of the advance, and the procedures are summarized by submitting a request to transfer ownership to the Turkish Land Registry and Land Department, along with the following documents:

  • The contract governing the process of buying and selling.
  • A copy of both the seller’s and buyer’s identification documents
  • A copy of the seller’s original tapu for the item being sold.
  • Clearance paperwork from the municipality for the vendor.
  • The buyer’s three personal photographs

Explain the status of the sold property and read the terms of the agreement, as well as ensure that the full amount of the sale process is paid from the buyer to the seller, and then the two parties are asked to sign, after which the tapu document is issued and the buyer receives it.

What are the Documents Required to Obtain a Floor Easement Certificate?

The documents required to obtain a floor easement certificate are listed below.

  • The personal identification of the property purchaser, or the agency in the case of a person acting on the purchaser’s behalf, and the agency must be attested by a notary public or the Turkish embassy in the purchaser’s country.
  • The tax number of the buyer, obtained from the Turkish Tax Department.
  • The real estate department requires one photo for the selling and two photos for the buyer.
  • Natural disaster and earthquake insurance from DASK.
  • The property’s common allowance document, which was obtained from the involved municipality.
  • The real estate register document is a legal document that identifies the property.
  • Report on a real estate appraisal.

How to Register Floor Easement Using Land Registry?

Over the previous ten years, the Turkish Land Registry Directorate has upgraded its working techniques and facilitated official procedures and transactions to provide the best services in a more convenient and fast manner, keeping up with current technology and information automation. 

Adoption of “QR barcode technology” as an identification code on real estate titles:

  • QR barcode technology was adopted on title deeds at the end of 2018, allowing the property’s location to be recognized on a map and all property information to be easily accessed.
  • Abolition of the compulsory personal photo in title deeds: The compulsory personal photo in title deeds have been eliminated, as the Land Registry Directorate used around 3 million personal images, making 150 million Turkish liras accessible. Respective cities, or even from their respective countries if they are outside Turkey. The Land Registry Directorate has opened 12 representative offices outside of the Republic of Turkey:

The Directorate of Land Registry has opened 12 representative offices outside of Turkey’s borders, the first of which was in Berlin, Germany’s capital, to make purchasing and selling procedures easier for ex-pats living abroad. Azerbaijan, France, Belgium, and five Arab countries are also included.

The E-devlet presently provides four types of real estate documents: The e-government window E-devlet now allows users to receive real estate title deeds, mortgage documents, and property registration documents, as well as register real estate stakes.

What is the Floor Easement Right in Turkey?

The term “floor easement” right in Turkey refers to the property right to erect a structure on a piece of land. This idea applies to both projects that have not yet begun construction and structures that have already begun construction. As a result, the floor easement might be classified as a sort of title deed. The construction servitude officially and legally confirms the shares of all parties who are legally and officially entitled to the construction in the issue. In other words, unless there is a floor easement, it is impossible to have a say or a right on a project in progress. If you’re thinking about getting a bank loan to buy a house, the house you want to buy must have a condominium servitude. Banks do not provide housing loans if this is not the case.

The floor easement deed is a type of land deed that verifies the owners of separate parts of linked land that are to be built or built. The floor easement deed, which is issued in compliance with Condominium Law No. 634, is critical in establishing legal connectedness. Assume you’re purchasing an apartment from a project that hasn’t yet begun building. Even if the flat in question has yet to be built, when you receive your floor easement deed, you are documenting all of the characteristics of the unit you purchased. The floor easement document contains all relevant information, such as the flat’s floor number, open address, and the square meter of the land share you are entitled to. In this manner, you can verify that the autonomous piece you own is yours.

How is the Real Estate Floor Easement Terminated in Turkey?

By filing a written statement to the Tapu Directorate (Land Registry Office), the landowner, or all owners in the case of an allotment, can cancel the temporal or floor easement. The land’s floor easement will automatically expire if the land structured by the title is destroyed by a flood, earthquake, or other natural calamities. If the completion of the construction on the property becomes infeasible, such as if a piece of the land collapses, if it is included in a new urban plan, or if it is expropriated by the state, the floor easement will be terminated.

At the request of one of the land’s partners, the judge may issue a decision terminating the land’s floor easement after five years since the construction was not completed according to the plan filed for the easement.

What is the Difference Between Floor Ownership and Floor Easement?

There are fundamental differences between floor easement and floor ownership which are listed below.

  • The floor easement is only established on buildings that have not been completed yet. Settlement projects under construction are also handled within the framework of floor easement. The floor easement is established with a document obtained from the General Directorate of Land Registry and Cadastre.
  • To have a floor ownership deed, first of all, it is necessary to have an occupancy permit. The occupancy permit certificate can also be called a building use certificate. The floor ownership purchased for independent areas such as flats, warehouses, stores, or floors also necessitates a completed construction.

The difference between floor easement and floor ownership is that the floor easement is the previous step before going into floor ownership.

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