Turkish Court of Cassation sets precedent on property title deed disputes

The Turkish Court of Cassation has issued a landmark precedent regarding real estate ownership and the protection of buyers. The ruling establishes that a title deed transfer alone may not be sufficient to prove legal ownership if the actual use of the property contradicts the registry.

The case involved a consumer who purchased an apartment from a contractor, paid the full amount, and had been living in the residence since 2013. However, the contractor transferred the title deed to a third party. The third party claimed to be a “good faith buyer,” arguing they were unaware that someone else was residing in the property.

Courts, including the Gaziantep Regional Court of Justice, rejected this defense. Evidence such as utility subscription records and witness testimonies proved the buyer was in physical possession of the home. The Court of Cassation upheld the decision to cancel the title deed, ruling that buyers who fail to physically inspect a property or verify its occupancy status cannot claim legal protection under the guise of good faith. This decision is expected to impact numerous pending property disputes involving similar circumstances.