If there is more than one shareholder on a real estate registered in the title deed, these real estates are called share real estate. So, how is the sale of shared housing done, how is the shared title deed converted into an independent title? As Millennium Turkey, we have decided to detail the answers to all these questions that you wonder about this and this subject.
The term shared housing, which is frequently encountered in the Land Registry, is divided into two types: joint ownership and shared ownership. Since it is not detailed in the joint ownership, how many rights the people have in which region, disputes often arise between people during the sale of this property. In shared ownership, this situation is stated by the official documents in proportions to what extent the people who have rights on the immovable property have shares. Shareholder title deed holders can sign a consent division agreement among themselves, which indicates which part belongs to them.
What is the Rizai Taksim Agreement?
Consent partition agreement is a type of agreement based on the written declarations of the owners among themselves about which owner will use which share in the joint ownership title deeds established by an official contract. Although the Rızai Taksim contract is a de facto sharing, it will not have any effect on the share deed unless it is registered in the land registry. In this agreement, there is no obligation for each shareholder to receive an equal share, and upon agreement of the owners, the shareholder who receives less shares can be paid an equalization fee to enter into a contract.
How is the Shared Title Deed Converted to an Independent Title Deed and How is the Shared Housing Sale Realized?
Owners of shared real estate should convert their title deeds to individual title deeds in order to sell their shared residences. So, how is a shared title deed converted into a separate title? There are some cases for the transition from a shared title deed to an independent title deed. If the application of the 18th article of the Zoning Law No. 3194 is valid in the place where the parcel that will be transferred from the shared title deed to the detached deed is located, there will be no share settlement. The parcel to be allocated in return for the remaining amount after deducting the partnership share at the determined rate from the parcel during the implementation is given as shares. Then, the stakeholders can buy and share each other's shares and reach an agreement. If the application; If more than one parcel can be given in return for the shareholder's parcel after the shareholding ratio is deducted, together with Article 18 of the Law No. 3194 and Article APPENDIX.