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Title Cancellation and Registration Cases

Entitlement and Title Deeds on 2/B Land: Application, Sale Price and Litigation Routes

Representative land model showing an olive grove parcel, the forest boundary and a cadastral plan.
Author: Published: About 24 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

Entitlement on 2/B land, the 2026 application period, sale price, installments, inheritance, free return and litigation routes under court decisions.

Using a 2/B parcel is not, by itself, enough to obtain a title deed. The legal status of the property, the user or improvements (muhdesat) record, the start of the use, the application date and the payment conditions are examined together. Buying as a user, the former title holder’s claim for free return, and the later sale of a parcel for which a title deed has been issued are different legal transactions.

As of October 14, 2026, two developments are especially important: Law No. 7579 has granted an opportunity until December 31, 2026 for certain application and payment shortfalls. The Constitutional Court’s decisions, in turn, have removed some provisions that closed the sale price to judicial review. An extension of the period does not fix the old sale price in every case; nor does filing a lawsuit automatically suspend the payment obligation. [1–4]

This guide is prepared for entitled persons, heirs and those considering buying a property with a 2/B history. When the general explanations are applied to a specific parcel, the land registry and cadastral records and the notifications are decisive.

What is 2/B land, and which dates matter?

2/B is a legal status based on Article 2, paragraph 1, subparagraph B of Forest Law No. 6831. The provision concerns places that, before December 31, 1981, had entirely lost their forest character in scientific and technical terms and are suited to the uses specified in the law. The absence of trees on a parcel today, or agriculture carried out there in the past, does not by itself mean that the place is 2/B. The competent administrative acts and records must be examined. [1, 4]

December 31, 1981 and December 31, 2011 are different criteria. The first date concerns the legal framework of the loss of forest character; the second concerns the assessment of entitlement as a user or an owner of improvements (muhdesat) under Law No. 6292. Settling on the land later does not, by itself, satisfy the prior-use condition in the law.

2/A areas, ordinary Treasury agricultural land and 2/B parcels should not be treated as subject to the same sales regime either. In addition, project areas under Article 8 of Law No. 6292 have a special assessment process. Making a general sale calculation without determining which provision a file falls under would be misleading.

Who can be an entitled person on 2/B land?

The difference between a user record and a right of ownership

Article 6 of Law No. 6292 is based on persons who, in line with update lists, cadastral records or final court decisions, are shown in the declarations section of the land registry as the user of the property before December 31, 2011 or as the owner of the improvements (muhdesat) on it. Improvements (muhdesat) may relate to elements such as buildings and plantings on the land. A user record does not directly confer ownership of the property. [1]

The provision of paragraph 6/1, concerning records made before the law entered into force, must be distinguished from the provision of paragraph 6/2, concerning later records. The start of the application periods, and the provision to which the Constitutional Court’s decisions relate, are affected by this distinction. Under the law’s initial system, six months from entry into force were provided for 6/1; for 6/2, eight months from the registration of the update list or the finality of the cadastral record. The later extension provisions apply separately.

If who actually uses the land is disputed, old aerial photographs, cadastral documents, an on-site inspection, witness statements, and building and agricultural-use records are assessed together. For documents such as tax, electricity or water records, it must be explained which period and which person they show. A title right cannot be derived automatically from a subscription document; each document is considered on its own evidentiary value.

Heirs and those who take over the entitlement

Paragraph 6/10 of the law recognizes statutory succession and, under certain conditions, succession by agreement. If the entitled person dies, the certificate of inheritance, inheritance shares, earlier applications and payments are examined together. The fact that only one of the heirs has applied should not be read to mean that the others’ rights have automatically lapsed.

It is significant for succession by agreement under the law that the entitled person or the heirs give a notarized consent statement. Transfer of the entitlement and transfer of ownership of a registered property are not the same transaction. A person’s abandoning use by a handwritten document or receiving money does not show that the administration will necessarily accept the buyer as the entitled person. The subject of the transfer, the transferor’s right, the will of all the persons required and its counterpart in the administration’s file must be determined.

What to do if there is an error in the cadastral record

A user entered incorrectly, a share shown as incomplete, an incorrect date of use or improvements (muhdesat) shown as belonging to another person affect the very basis of the sale process. First it is determined whether the error arises from the forest cadastre, the use cadastre, an update exercise or a land registry transaction.

In the use cadastre, the 30-day public display period is a critical stage for applying to the cadastral court. In disputes after the determination becomes final, the competent court and the type of action may change. Letting the display period pass does not mean that every action that may be filed later continues with the same time limit and conditions. The dates of finality, sale and registration must be researched separately. [5]

The decision of the Civil General Assembly of the Court of Cassation dated July 10, 2024, E.2023/920, K.2024/368, shows the importance of identifying the parties correctly in these cases. The Assembly considered it necessary, in a dispute over a use annotation, to obtain the update records and to ensure that the person who will be affected by the decision takes part in the case. The majority’s reasoning rests on the fact that the merits cannot be reached without remedying the incomplete formation of the parties. The decision should not be reported as a general conclusion that actual use was, or was not, proven by a single document.

In practice, a lawsuit directed against the Treasury may not be sufficient. Standing to be sued is assessed with respect to the persons appearing in the declarations section of the land registry, those claiming rights in the update, and, if a sale has been made, the new owner. The petition must state clearly which record is requested to be corrected, and on what ground.

Who does the December 31, 2026 extension cover?

Provisional Article 1 of Law No. 7579 grants the following opportunities for the 2/B parcels within its scope. The provision is not a general amnesty that carries all cadastral objections or all litigation periods to December 31, 2026. [2]

SituationExtended period and basic result
No purchase application made in timeThe application period has been extended to December 31, 2026.
Notified price not paid in timeThe payment period has been extended to December 31, 2026. Price adjustment is examined.
More than two of the installments in the contract not paid when dueThe payment period within the scope of the provision has been extended to December 31, 2026.
No return application made in time under Article 7 of Law No. 6292The return application period has been extended to December 31, 2026.
Falling within the scope of provisional Article 8 of Law No. 6292The application period has been extended to December 31, 2026.

A person who wishes to benefit from this opportunity should request the status of the file in writing from the relevant National Real Estate unit. Filing only a general petition without determining which application is incomplete, whether the sale was made earlier, the date of notification and any forfeiture action may cause problems. The date and registration number showing that the application was received should be kept.

The extension of the period does not give a right to a person who does not meet the entitlement conditions merely because the person has filed a new application. It also does not automatically change the suitability for sale of a property allocated to a public service or placed under a special assessment regime.

How is the CPI (TÜFE) adjustment applied to late files?

For those who did not apply in time, the period taken as the basis runs from the end of the three-month period following the last day of the application period in the relevant law to the day of the application made for payment. For those who did not pay the notified price in time, the start is the day following the last day of the payment period.

The calculation is based on the sum of the monthly CPI (TÜFE) change rates of TurkStat (TÜİK). Fractions of a month are disregarded. For each year, the part of this sum exceeding twice the annual statutory interest rate is not taken into account. Therefore, it is not correct merely to multiply the old price by today’s CPI (TÜFE) rate or to apply the same start date to every file. In files concerning delay of more than two installments, the remaining debt and the delay provisions should be examined within their own scope; the calculation in the second and third paragraphs of the provisional article should not be extended directly to all situations.

Asking the administration for a calculation statement showing the principal price, the start and end dates, the monthly rates, the application of the annual cap and earlier payments makes the dispute concrete.

How is the 2/B sale price calculated?

The first 400 square meters and the agricultural-use distinction

Under Article 6/4 of Law No. 6292, in the general system 50 percent of the market value (rayiç bedel) applies to the first 400 m², and 70 percent to the part exceeding it. If entitlement exists in more than one property, the 50 percent calculation applies to only one property, which the person will choose. On a transfer of the entitlement, the 400 m² advantage does not arise anew for each new person; the allocation rule in the law is taken into account. [1]

For property used entirely and exclusively in fact for agricultural purposes, and meeting the conditions in the law as to the structures on it, the 50 percent calculation may apply to the whole price. The exception concerning agricultural structures and a dwelling used for permanent residence should be read together. The mere entry “field” in the land registry does not show that all the conditions are met.

If a different use emerges after this discounted agricultural sale, the difference calculated on 70 percent of the market value at the date of sale, together with statutory interest, may come into question. The purpose of use should not be viewed merely as a statement submitted at the time of application.

Example sale calculation

For a hypothetical property of 600 m² in area, with the same market value of TRY 2,000/m² assumed for all of it, not within the agricultural-use exception, and for which the 50 percent choice can be used:

Calculation itemAmount
First 400 m²: 400 × 2,000 × 50%TRY 400,000
Remaining 200 m²: 200 × 2,000 × 70%TRY 280,000
Sale price before discountTRY 680,000
After the 20% discount for payment in full in cashTRY 544,000

This example assumes that there is no CPI (TÜFE) increase for a late application, no set-off, no special property situation and no additional transaction costs. No valuation has been made of the current market price of an actual property. The purpose of the example is to show that the market value, the statutory sale rate and the discount for payment in cash are different stages.

How do cash payment, installments and the transfer of the title deed work?

A 20 percent discount is provided for payment of the entire sale price in cash, and a 10 percent discount for payment of at least half in cash. The payment and discount conditions in the law apply together. The three-month payment period from written notification and any special extension of time that may apply to the file should be assessed separately. [1, 2]

Under the law’s standard installment system, an initial payment of 10 percent applies for places meeting the specified agricultural conditions, and 20 percent for other places. The remaining amount may be paid interest-free in ten equal installments over up to five years within municipal and adjacent-area boundaries, and in twelve equal installments over up to six years outside them. The availability of interest-free installments does not mean that delay will also be interest-free.

Failure to pay two of the installments when due is not in itself treated as a breach of the obligation, provided they are paid by the end of the installment period; the late-payment surcharge provisions are reserved. If there is a longer delay, both the main provision and the 2026 extension are examined according to the file.

Transfer of the title deed may also be possible, under the conditions in the law, before the whole debt is paid, by means of a bank letter of guarantee or a statutory mortgage in favor of the Treasury. If a property transferred with a mortgage is sold to a third party, the buyer is liable for the remaining debt and an annotation is made in the land registry. For this reason, the buyer should see not only the title deed but also the mortgage record and the current statement of debt.

Compensation for unjust occupation (ecrimisil) and transaction costs

Compensation for unjust occupation (ecrimisil) is neither the purchase price of the property nor a document of ownership. For direct sales under Article 11/6 of Law No. 6292, the compensation for unjust occupation (ecrimisil) collected for the last five years as of the application date is to be set off against the sale price; a refund of the part exceeding the sale price cannot be derived from the same provision. Accrual and actual payment must be distinguished.

The old statements of TRY 1,000 and TRY 2,000 application fees in paragraph 6/5 of the law should be read together with the later-added sentence stating that no application fee is collected. These amounts should not be presented as a current and mandatory application condition. The tax and fee exemptions in the law also apply only to the transactions within their scope; it does not follow that a later private sale and every additional service are entirely free of cost.

Can the sale price be challenged and a lawsuit filed?

The Constitutional Court’s decision dated May 18, 2023, E.2023/27, K.2023/100, annulled the sentence in Article 6/8 of Law No. 6292 that closed the route of objection and lawsuit against the notified price. The Court explained that the administration may determine the market value or the sale calculation incorrectly, and that review of these acts matters for the right to an effective remedy linked to the right of property. [3]

The decision dated November 26, 2025, E.2025/236, K.2025/227, in turn, annulled the wording in 6/2 that linked acceptance of the price, without making it the subject of an objection or lawsuit, to entitlement. The decision was published in the Official Gazette dated March 9, 2026. [4]

However, the scope of the second decision must be reported carefully: the application concerning 6/1 was rejected for lack of jurisdiction, because that provision was not the rule to be applied in the specific case. It cannot be said that the similar wording in 6/1 was also annulled by the same decision. Nevertheless, the annulment of the general ban on lawsuits in 6/8 and the constitutional reasoning of the decisions are assessed together. It must be determined which paragraph the file falls under; different provisions should not be merged into a single sentence.

For an objection to be strong, the error is made concrete: the area, the characteristics of the comparables, the form of use, the choice of the market-value date, the 50–70 percent distinction, the share ratio, the CPI (TÜFE) calculation, the discount, or the set-off of payments. Merely finding the price expensive is not the same kind of claim as alleging a calculation or valuation error. The location of the comparables, the zoning status and the valuation dates must be explained.

Filing a lawsuit does not automatically stop the payment plan or the implementation of the act. Payment, a reservation of rights (ihtirazi kayıt), an administrative application and a request for a stay of execution should be planned together; it should not be assumed that an objection petition protects all the periods.

Property that cannot be sold, an equivalent place and free return

Sale of another 2/B property

Paragraph 6/12 of the law lists places that cannot be sold directly, for reasons such as allocation to afforestation, public service or certain water-basin areas. Under the conditions in the law, if requested, the sale of another 2/B property of equivalent market value, primarily in the same province, may come into question. [1]

This opportunity is not a general free swap. Equivalence is examined in terms of market value; the sale price of the new property is also subject to the 6/4 calculation. Even if the areas are the same, values may differ because of access, zoning, location and restrictions on use. The legal and factual situation of the property offered must also be researched separately.

Free return to the former title holder

Article 7 of the law establishes a separate regime for the removal of the annotations of, or the return of, properties that belonged to certain persons under a title deed and whose records were affected on the ground that they were taken outside the forest boundary in the name of the Treasury. The reason the title deed came into being, the reasoning of the cancellation decision, and whether registration in the Treasury’s name has taken place all matter.

Not every 2/B user can request free return. The former owner, the statutory heir and the situations of succession accepted in the relevant subparagraph are assessed separately. If the registered owner and the user are different, and the owner wishes to benefit from the right under Article 7, the user’s expectation of a direct sale may be affected. The fact that a place or a price was given earlier may also, under the relevant conditions, prevent a return claim.

For places that cannot be returned, payment of the market value or the granting of another suitable property may come into question under the conditions in 7/4. This route and the sale of an equivalent property under 6/12 should not be confused. The 2026 extension should also be checked for a return application.

An erroneous sale noticed later

Paragraph 11/4 of Law No. 6292 concerns certain erroneous sales noticed later. By the Constitutional Court’s decision dated September 10, 2025, E.2024/144, K.2025/188, certain wording in this paragraph was annulled. According to the explanation in the current text of the law published by the General Directorate of Forestry (OGM), the annulment entered into force on September 30, 2026. [1]

For this reason, explanations based on refunding the price in the old text only with statutory interest should not be repeated as the current rule. The scope of the annulment, the date of the transaction and the specific claim are examined together; it cannot be concluded that the decision validates all erroneous sales or provides automatic compensation to everyone.

In which court is a lawsuit filed, and how are time limits protected?

Not every dispute linked to 2/B is heard in a single branch of the judiciary. An objection to the use record, determination of the administrative sale price, rejection of a free-return application, and a title dispute between individuals are assessed separately.

The decision of the Court of Jurisdictional Disputes dated September 25, 2023, E.2023/296, K.2023/584, held the administrative courts competent in a case concerning rejection of a request for another property or a price under Article 7 of Law No. 6292. In that decision, this request was distinguished from a compensation action based on Article 1007 of the Turkish Civil Code for loss arising from the keeping of the land registry. The outcome depends on the basis of the dispute and the legal protection sought. [6]

Unless there is a special period, the general time limit for filing an action to annul an administrative act is 60 days. A timely and proper application under Article 11 of the Administrative Procedure Law (İYUK) can suspend a limitation period that has begun to run. If no answer is given to the application within 30 days, implied rejection arises; after rejection, the time that elapsed before the application is also counted. Each new petition does not provide a new 60-day period. [7]

Article 9 of Law No. 6292 contains special provisions on the stay of certain cases and on time limits concerning the real right in a specific property. These do not mean that the limitation periods for actions against all administrative acts are suspended. The cadastral display period, the administrative action period, and the sale application and payment periods should be tracked on separate calendars.

Does obtaining the title deed give zoning and building rights?

Obtaining a 2/B title deed does not, by itself, give a building permit or zoning rights. Article 11/2 of Law No. 6292 provides that no vested right under zoning legislation can be derived from the assessment transactions. The title deed, the zoning plan, the plan notes, agricultural use and protection restrictions are examined separately. [1]

The existence of a house on the parcel does not show that the building is licensed. The status of the building in the records of the municipality or the competent administration, access to the road, the possibility of subdivision and co-ownership should be researched. It should also be remembered that a section actually used and a share transferred in the land registry do not produce the same legal result.

Later sale of a registered property and secure payment

The first direct sale by the Treasury, through which a title deed was obtained, must be distinguished from the later sale of the property between individuals. The later buyer should examine mortgages, the remaining Treasury debt, lawsuit and injunction records, restrictions on use, and the method of paying the sale price together.

The Ministry of Trade’s announcement of September 28, 2026 on the Secure Payment System announced a December 1, 2026 timetable. In the published text of the regulation amendment dated October 1, 2026, the transition date also appears to have been changed to December 1, 2026. For this reason, as of October 14, 2026, it should not be written that the system is already mandatory for all property sales. The scope on the day of the transaction, the exceptions and the payment procedure specific to a Treasury sale should be checked separately. [8, 9]

Which documents should be examined before applying or buying?

  • The current land registry record; declarations, annotations, mortgages and other restrictions.
  • The cadastral record, update list, public display notice and information on finality.
  • The user and improvements (muhdesat) record, and documents showing use before December 31, 2011.
  • The application papers, sale notification, proof of service, contract and payment plan.
  • The market value and sale price calculation, the CPI (TÜFE) statement, and payment and compensation-for-unjust-occupation (ecrimisil) receipts.
  • The certificate of inheritance, any necessary consent statements and documents showing authority of representation.
  • Records on zoning status, project areas, public service and other special areas.
  • Earlier court decisions and pending case and application files.

For entitled persons living abroad, the scope of the power of attorney, the address for notifications and payment follow-up should be planned separately. The conditions under which documents drawn up in a foreign language or obtained from a foreign authority can be used in Türkiye are examined according to the document. Living abroad is not the same matter as the conditions concerning a person’s citizenship or a foreign person’s acquisition of immovable property.

Conclusion

In a 2/B file, the right path is first to determine which right is being asserted: a direct sale to the user, inheritance or transfer of the entitlement, return to the former owner, or the resale of a property for which a title deed has been obtained. The record, the period, the price and the judicial route are assessed according to this choice.

While the 2026 extension provides an important application and payment opportunity, it does not remove the price adjustment or the basic conditions of entitlement. The Constitutional Court’s decisions must also be used by reading their scope carefully. That obtaining a title deed does not automatically create zoning rights, and the effect of the remaining Treasury debt on a later buyer, are matters to be clarified before the transaction.

Related articles: Title Cancellation on Forest and 2/B Land: Cadastre, User Annotation, Sale and Return

Frequently Asked Questions

I have used 2/B land for years; can I obtain a title deed directly?

Long use alone is not sufficient. The record, dates, application and payment conditions required by the law are examined. Being shown as a user does not mean that ownership has already been acquired either. Details: Entitlement.

Was the 2/B application period extended in 2026?

Yes. For the application and payment shortfalls specified in provisional Article 1 of Law No. 7579, there is an extension until December 31, 2026. This date does not apply to all cadastral and litigation periods. Details: 2026 extension.

If I benefit from the extension, does the old sale price change?

It may change. Where no application was made in time or the notified price was not paid, a CPI (TÜFE) adjustment is applied on the basis of the periods and the cap in the law. The start date differs by file. Details: CPI (TÜFE) calculation.

Is all 2/B land sold at 50 percent of the price?

No. The general system distinguishes the first 400 m² from the part exceeding it. For the 50 percent calculation in entirely agricultural use, the conditions in the law must also be present. Details: Sale price.

If I sue over the sale price, does my entitlement end automatically?

This result cannot be assumed automatically. There are annulment decisions concerning the ban on lawsuits and the restriction in the 6/2 provision. However, the 6/1 and 6/2 distinction, the payment obligation and the specific act must be examined together. Details: Challenging the price.

Can the title deed be obtained before the installments are finished?

It may be possible under the conditions in the law for a guarantee or a mortgage in favor of the Treasury. A person who later buys a mortgaged property should also be assessed with respect to the remaining debt. Details: Installments and transfer.

Is the compensation for unjust occupation (ecrimisil) I paid deducted from the sale price?

In sales under Article 11/6 of the law, the amount collected for the last five years as of the application date may be set off. Refund of all past payments or of the amount exceeding the price is not automatic. Details: Compensation for unjust occupation (ecrimisil).

If the entitled person dies, can the heirs apply?

The statutory succession provisions may apply. The certificate of inheritance, the shares, earlier transactions and the periods are examined together. A transaction made by a single heir does not in every case replace the will of the others. Details: Inheritance and transfer of entitlement.

Is another place given free of charge instead of 2/B land that cannot be sold?

The equivalent-property opportunity in 6/12 relates to a sale for a price. The former title holder’s claim for return or replacement under Article 7 is subject to separate rules. Details: Property that cannot be sold, and return.

Can a house be built on land for which a 2/B title deed has been obtained?

Obtaining a title deed does not by itself give permission to build. The zoning plan, the permit and special-area restrictions are examined. An existing building also does not become lawful automatically. Details: Zoning and construction.

Does objecting to the administration always suspend the limitation period for suing?

No. A timely and proper application under Article 11 of the Administrative Procedure Law (İYUK) and a general information petition do not produce the same result. After rejection, the time that elapsed before the application is also counted. Details: Court and periods.

Sources

  1. Law No. 6292 – current text published by the General Directorate of Forestry (OGM). In particular Arts. 2, 6–11 and the explanations of Constitutional Court annulments. The scope and entry-into-force information concerning decision E.2024/144, K.2025/188 was verified from footnote no. 6 of the text.
  2. Law No. 7579 – adopted text, Grand National Assembly of Türkiye (TBMM). Provisional Art. 1; application, payment and return periods and the CPI (TÜFE) calculation.
  3. Constitutional Court, 05/18/2023, E.2023/27, K.2023/100. Annulment of the ban on objection and lawsuit in Art. 6/8 of Law No. 6292.
  4. Constitutional Court, 11/26/2025, E.2025/236, K.2025/227. Annulment of the restriction in provision 6/2; review of the rule applicable under 6/1.
  5. Civil General Assembly of the Court of Cassation, 07/10/2024, E.2023/920, K.2024/368. Formation of the parties in a dispute over a use annotation.
  6. Court of Jurisdictional Disputes, 09/25/2023, E.2023/296, K.2023/584. The competent branch of the judiciary in the rejection of an application under Art. 7 of Law No. 6292. Links to the decision may require a user login.
  7. Time Limits in the Administrative Courts – Administrative Procedure Handbook Series No. 4. Explanation of Arts. 7 and 11 of the Administrative Procedure Law (İYUK) and the periods after Law No. 7331; not used for current monetary limits on appeals.
  8. Ministry of Trade, announcement of September 28, 2026 on the Secure Payment System.
  9. Regulation Amending the Regulation on Real Estate Trade, October 1, 2026, No. 33387: Official Gazette link; accessible reproduction of the regulation text. Because the Official Gazette page could not be opened technically in this review, the reproduced text was assessed together with the Ministry’s announcement.

Source review date: October 14, 2026.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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