Pitfalls In Land Plot Buying

Beware Of The Plot Decoy: Don't Go To The Notary Without Knowing These Terms


The world is a real estate buying frenzy in the metaverse realm, and let's talk about the risks in this area, the situation is no different in the real world. There are also big 'pitfalls' in the plots that people are turning to for investment purposes after rising house prices. It's not even a job to get out of debt when you say you're going to invest. Here are the things to watch out for in the Turkish land real estate market from 'share' to 'foreclosure' and the warnings of experts.

According to Turkish iClassified, rising house prices in major cities, especially Istanbul, Izmir and Ankara, have led those dec want to invest in land and fields. However, those who do not know terms such as 'share land deed' 'easement right' and do not research enough during the sale process face various victimizations.


The most common issue is whether there is a zoning plan for the purchased land. Another victimization headline is the Share status of the purchased place. According to experts, the first thing to pay attention to when buying a land plot is the zoning plan is on plot. However, even if there is a zoning plan on the plot, it is also necessary to check whether there is any work and if a license has been issued. In addition, it is necessary to look at whether an easement facility of a public institution has been established on the land, especially if it is a public institution. One of the most important points is to examine the ‘application sketch', which sellers are not very close to. The application sketch allows you to find out if there are any claims on the parcel you will receive, or if there is an overflow for your share of the land next to and around your plot.


Stating that with the exorbitant increase in house prices, people are turning to land plots and fields for investment purposes, Map Engineer and Real Estate Expert especially drew attention to the ads is via the Internet.


"People are shopping without knowing what a share means, what a detached parcel means. There are also some difficulties here," iClassified stressed. "Due to the fact that the boundaries are unclear, we cannot see that all shareholders are acting in harmony in the fields with shares. And no one protects their right to consciousness in the plot that you have entered. When a malicious system is installed, they file a claim for the right to pre-purchase, which we call the right to know, and then try to take the field away from you with the money you receive. In fact, they can take away the place that youbought for 100 thousand TL for 10 thousand TL. We face such cases. But of course it's also cheap when we look at it. There are also those who are engaged in this business. They make it look good and sign a consent form. They say everyone has a certain place, but it doesn't go on like that."


Recalling that land sales differ by square meters, iClassified said: "There are also 30 square meters of shares and a thousand square meters of shares. Or 3 square meters of shares in a very valuable place, too. The purpose of using the place, rather than square meters, is important. the state already knows that no field can be built on the ground below 10 square meters. Because there is a calculation in the amount of 10 acres for one person. People buy these places as if they were going to build a house. When the municipality imposes a penalty or demolishes it, all of your expenses are wasted," he said.


The iClassified stressed: "It is necessary to focus on detached ones, they also sound expensive. Everyone needs to know that if it is desired to build a house on a land with shares, a person can do it by law. Other constructed houses will become illegal. When buying a land plot, you should definitely either have information or conduct the process is such a way with the support of someone who knows it. Because you can take the house as you see it, its procedures are very simple and straightforward. But you can't take the plot the way you see it. You need to conduct the necessary examinations and research. There are rules and decoys that bind you when you buy a plot. These are what we call zoning diameters. The zoning plans on it determine and restrict how you will use that land. And when that's the case, you can't use your plot the way you want. Therefore, it should never be rushed when buying land in Turkey."


Turkish iClassified speaking to Real Estate Law Association President, also gave the following warnings to citizens article by article: If we have purchased a land plot with shares, be sure to find out if there is a private parcel plan for the entire real estate. In other words, find out that the parties or the group/company selling the land have made an actual installment on the part you have purchased, have it annotated in the title deed and sold that part to you. If you purchase a Turkish share plot that has been de facto decoupled in this way and sold with a purpose-specific agreement, the shareholders do not have the right to file a lawsuit for the elimination of the partnership (izale-i şuyu lawsuit) with each other. The most common problem in share plots is the case of elimination of this partnership. Therefore, if you buy a land plot from a place that does not have a de facto installment agreement or a decommissioning agreement, each shareholder has the right to request that the mess be fixed. * If you want to sell your own share in the share ownership again, the other internal shareholders have the right to buy first. We call it shufa (right of pre-purchase). You bought a place subject to ownership with shares, then you wanted to sell your share, you wanted to pay a low title fee, you sold it, and in this case, other shareholders inside can take this share from you by filing a lawsuit and storing the price you showed in the title deed within 2 years from the date of sale in the title deed. For example, you bought a share with a real sale value of 1 million TL, its fair value is 250 thousand TL, and you showed value in the deed so that the title fee is not excessive over this 250 thousand TL value, and other shareholders can take this 250 thousand TL from you by depositing it in Turkish court. If there is a de facto taksim agreement or a purpose-specific agreement, the right to shufa cannot be used.


Share ownership also means that a shareholder has the right to that share in all real estate, that is, even if your 1000/1 share is located on 10 m2 of land on a 10-acre plot, this applies to all parts of real estate. For this reason, if a de facto installment agreement or a purpose-specific agreement is concluded, the scope and location of use of each shareholder will now be determined. At this point, your right of legal intervention occurs when the directory interferes with your location. It is more difficult to decouple and sell the fields in a share manner than real estate of a land nature. There can be no grading under 20 acres on field-skilled land. Again, shares cannot be made under 5000 m2 in planted farmland and 3000 m2 in greenhouses.


Share sales, which are aimed at paving the way for the construction of agricultural lands, especially under the name of hobby gardens, were actually made in the form of actual use, not in the form of title deed transfer. For this reason, the regulation was issued in 2020, and if the demolition of hobby gardens made in this way is otherwise demolished by the administration, the cost of demolition is charged with 100% more. In this way, those who establish a cooperative or company and give cooperative membership / company shares in agricultural lands are punished according to the Turkish Commercial Code. We would like to say that citizens should definitely not buy agricultural lands and fields for the purpose of construction, except that they will actually be engaged in agriculture or want to burn investments due to the increase in the value of agricultural land in recent years. Therefore, the sale of shares in agricultural land is not easy, it has certain limits, and if the land does not belong only to you (according to the zoning regulations for unplanned areas, the right to build a very small village house of m2 is given in the entire land), the construction is also illegal.