The right of pre-emption in Turkey is called the real estate in which more than one person owns a share. In joint ownership, a shareholder may want to sell all or part of his share in real estate. Other stakeholders have a priority right to purchase real estate to be sold. This permission of pre-emption, granted in the sale of joint real estate, is also called right of pre-emption. The nature of the property does not matter its type. The property in question may be land, housing, or any other type. The important thing is that there is common ownership.<\/p>\n
The owner of the real estate, which has put his share for sale, must notify other stakeholders through a notary public. The right of preemption can be exercised within three months following this notification. If no notification is made, a pre-emption case can be filed within two years. These periods are defined as the period of disqualification. In other words, as long as the preemption right is not used within the specified periods, the pre-emption right is forfeited.<\/p>\n
It is not sufficient to provide written information about the sale of a shared real estate. It is obligatory to notify other shareholders through a notary public. If the sale is made to a third party without notifying the other shareholders, the shareholders have the right to file a pre-emption lawsuit. Within two years following the sale, a preemptive case can be filed by applying to the Civil Court of First Instance in the region where the real estate is located.<\/p>\n
A lawsuit is filed against the person who bought the real estate share with a petition. In case the plaintiff pays the sales price and expenses declared in the title deed, it is decided to cancel the said share in the title deed. The share subject to the lawsuit is registered in the name of the plaintiff.<\/p>\n
The person who will buy a shared immovable property can negotiate with other shareholders in order not to file a bankruptcy case. An official document stating that they have waived the preemption right should be obtained from the shareholders. This document is annotated in the land registry and the shareholders waive their right to preemption.<\/p>\n
Some persons who do not have a share in the shared property may also have a pre-emption right. If an annotation is made to the land registry with the pre-purchase contract, the person whose name is specified in the contract has the right to preemption. The conditions for exercising the preemptive right arising from the contract are the same as those of the shareholders. However, this right ceases to exist 10 years after the annotation is made.<\/p>\n","protected":false},"excerpt":{"rendered":"
What is the right of pre-emption in Turkey and who can use it? The right of pre-emption in Turkey is called the real estate in which more than one person owns a share. In joint ownership, a shareholder may want to sell all or part of his share in real estate. Other stakeholders have a […]<\/p>\n","protected":false},"author":1,"featured_media":89799,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[537],"tags":[],"class_list":["post-91285","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-turkey-property-buying-guide"],"_links":{"self":[{"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/posts\/91285","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/comments?post=91285"}],"version-history":[{"count":0,"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/posts\/91285\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/media\/89799"}],"wp:attachment":[{"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/media?parent=91285"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/categories?post=91285"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/emlakey.com\/en\/wp-json\/wp\/v2\/tags?post=91285"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}