The new Land Registry Communiqué
("Communiqué") has been issued by
virtue of the Resolution of the Council of Ministers dated July 22,
2013. The Communiqué was issued in the Official Gazette
dated August 17, 2013 and introduced a new concept to the Turkish
legislation namely Land Registry and Cadaster Information System
However, there were no reference to TAKBIS under the repelled
Land Registry Communiqué ("Repelled
Communiqué") dated February 17, 1994. TAKBIS
is the result of drastic improvements in the field of technology
within the past decade.
There was no need for the Repelled Communiqué to include
any provisions regarding land registry records to be kept within an
electronic environment. It can be said that this Communiqué
actually fills both a legal and practical gap created by the
As of the moment, 957 land registries have adopted the TAKBIS
The main purpose of TAKBIS is to transfer all land registry and
cadaster records into an electronic environment and perform all
transactions through this electronic environment ensuring that both
private and public real estate is controlled and tracked
TAKBIS project aims to provide a safe electronic environment
through which the transactions with regard to land registry and
cadaster records are being performed in a standardized fashion.
For the time being, TAKBIS is only used for record-keeping and
communication purposes amongst the land registries and also between
land registries and certain public organizations such as Ministry
of Justice, Treasury, Social Security Institution, Municipalities
etc. The reason for this is that the Communiqué does not
include any provisions stating that the land registry and cadaster
transactions (e.g. purchase and sale transactions, mortgages,
easements and etc.) have to be performed through TAKBIS. However,
may be possible in the future to perform these transactions through
TAKBIS if the necessary amendments are made to the relevant
In terms of legal proceedings, TAKBIS will significantly ease
the burden of both courts and prosecutors. Since TAKBIS will be
connected to the National Judiciary Network Project
("UYAP"), the judges, prosecutors or
their officers will have the opportunity conduct their research
into real estate or any rights in rem related to real estate more
efficiently and swiftly. This will also reduce the duration of
This being said as an introduction of TAKBIS, a closer look into
the provisions of the Communiqué would be helpful to
understand this system.
Pursuant to Article 13 of the Communiqué, transactions
such as procurement of records or documents which are not subject
to an official form as determined by the General Directorate Land
Registry and Cadaster ("General
Directorate") through an electronic environment by
means of using an electronic signature or other authentication
Article 14 of the Communiqué contains provisions on how
the right to access the data kept under TAKBIS shall be practiced.
In this respect, the first paragraph of Article 14 provides that
courts, chief public prosecutors offices, execution offices and
public organizations can access the data with a protocol to be
executed with the General Directorate given that the data to be
accessed by these judicial authorities is relevant to their
Moreover, pursuant to the third and fourth paragraphs of Article
14, separate agreements must be executed between the General
Directorate and (i) persons seeking to perform any inquiries from
TAKBIS and (ii) the landlords holders of any rights in rem related
to real estate seeking to access the data in TAKBIS. The principles
and procedures on how ordinary persons, landlords or right holders
will practice their rights through TAKBIS will be determined under
this aforesaid agreement
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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