Foreigners and Persons Living Abroad: Title Cancellation and Registration Actions in Türkiye

Foreign nationals and Turkish citizens living abroad may bring an action for cancellation of title and registration over immovables in Türkiye, provided the conditions are met. The success of the action depends first on the legal basis of the ownership claim, on the evidence and on the chain of title. Because of the foreign element, the court’s jurisdiction, the applicable law, restrictions on acquiring immovables, security, powers of attorney and the use of foreign documents require additional review. 123

Not everyone who lives abroad is legally a “foreigner.” A Turkish citizen living in Germany, a person who holds only a foreign citizenship, a dual citizen and a person within the scope of Article 28 of Law No. 5901 on Turkish Citizenship (Türk Vatandaşlığı Kanunu) should not be assessed under the same heading. The first step is to establish the claimant’s citizenship and residence status with documents. This distinction matters especially for security and for the conditions on acquiring property in Türkiye. 124

Which court is competent for an immovable in Türkiye?

The location of the immovable is decisive

MÖHUK 40 ties the international jurisdiction of Turkish courts to the domestic rules on territorial jurisdiction. Under HMK 12, in actions that may affect a right in rem over an immovable or change the holder of such a right, the court of the place where the immovable is located has exclusive jurisdiction. A claimant living in London and a defendant living in Berlin do not change this rule by themselves. 12

The court with subject-matter jurisdiction is determined separately. In general title cancellation and registration disputes, the civil court of first instance is the usual forum. A consumer transaction, a commercial relationship or a dispute under a special statute may bring in different rules on subject-matter jurisdiction. The mere presence of a land registry entry in the file does not allow a single answer on the competent court for all actions. 2

Does a foreign court decision directly change the Turkish title?

A foreign decision, once translated and submitted to the land registry directorate, does not automatically produce a registration effect in Türkiye. The conditions for recognition or enforcement and the exclusive jurisdiction of Turkish courts are examined. MÖHUK 54/1-b and 58 are important in this review. A foreign decision that directly rules on the property right in an immovable located in Türkiye is not the same as a foreign decision that determines another legal relationship and is submitted as evidence in the file. 1

For example, how a decision issued in a foreign divorce or inheritance case affects an immovable in Türkiye must be examined on the basis of the operative part of that decision. The statement “the house was left to me in the foreign decision” alone is not a sufficient legal basis for changing the registry.

Applicable law and restrictions on acquiring immovables

Under MÖHUK 21, ownership and other rights in rem over an immovable are governed by the law of the country where the immovable is located. For an immovable in Türkiye, the rights in rem are governed by Turkish law. A foreign choice of law in a contract does not remove the mandatory rules on ownership of immovables in Türkiye or the registration requirements. 1

Article 35 of the Land Registry Law No. 2644 (Tapu Kanunu) sets country-wide and area limits on the acquisition of immovables by foreign natural persons. Under the statutory framework, the limits are thirty hectares per person across the country and ten percent of the private-ownership area of the district. The powers of the President to increase and restrict these limits, as set out in the law, are reserved. Current acquisition conditions by country, immovable and region must be checked for the specific file; an outdated online list of countries should not be relied on for a firm result. 3

A company established abroad and a foreign-capital company established in Türkiye are also different. For the former, the special framework of Article 35 of the Land Registry Law applies; for the latter, the partnership and control criteria in Article 36 are important. Having an immovable that a person cannot acquire in their own name taken apparently in another person’s name is not a safe way around the acquisition restrictions. In such a file, the real purpose of the transaction and the conditions for reclaiming the immovable are examined separately. 35 For comparison, the explanations in the article taşınmaz alımıyla Türk vatandaşlığı (in Turkish) may be used.

Why are the Blue Card (Mavi Kart) and dual citizenship examined separately?

Article 28 of Law No. 5901 sets out a special rights regime for persons who were Turkish citizens by birth and lost their citizenship through permission to renounce it (çıkma izni), and for the descendants within its scope. This status is different from an assessment based only on a foreign passport. Whether the person is actually within the scope of the provision, and the nature of the transaction, must be documented. 4

A person who holds more than one citizenship and is also a Turkish citizen is assessed under the Turkish-law connection in MÖHUK 4. The passport, the civil registry record and the documents on acquiring or losing citizenship submitted to the file must be consistent with each other. Explaining any changes of first name or surname makes it easier to show that different documents belong to the same person. 1

In which cases can title cancellation and registration be requested?

A foreign or foreign-resident owner may ask for the correction of the registry because of a forged signature, a forged power of attorney, abuse of authority under a power of attorney, a defect of intent, simulation or another ground of invalidity. The ground relied on affects the burden of proof, the time limit and the defendants. The statement “I could not come to Türkiye” alone does not make a registration invalid. 56

Non-payment of the sale price, a transfer that was never made in the land registry, and an unlawful disposal of an existing title must be kept apart. A sale agreement for an immovable that was not concluded in the required official form generally does not transfer ownership directly. Payment of the price does not in every case give a right to cancel the title; a refund of the price, a contractual claim or another route to court may arise instead. 567

If the immovable was later transferred to someone else, the current owner and the chain of title must be examined. The protection of a third party who relied in good faith on the land registry falls under Articles 1023–1024 of TMK. An unlawful first transaction does not necessarily mean that the immovable can be recovered from every later acquirer. The relationships, the price, the order of transactions and the knowledge of the dispute are assessed on concrete evidence. 5 For more detail, the article sahte vekâletname, kimlik veya imzayla yapılan tapu devrinin iptali may also be read.

Must a foreign claimant deposit security?

MÖHUK 48: foreign status and reciprocity

MÖHUK 48 provides for security from foreign natural and legal persons who file an action, join a proceeding or start enforcement proceedings before a Turkish court. The court applies an exemption based on reciprocity. Reciprocity is not limited to a bilateral agreement; it may be assessed within the framework of the relevant international convention, a statutory provision or actual practice. Imposing the same security on every foreigner without examining the exemption is not a correct approach. 17

This security is different from the security that may be requested for court fees, advance on costs or an interim injunction. Being exempt from one does not automatically exempt the claimant from the others. The deadline set by the court and the scope of its interim decision must be followed; it is not enough merely to assert that reciprocity exists. 12

HMK 84–85: Turkish citizen living abroad

A Turkish citizen who does not have a habitual residence in Türkiye may be subject to a security review under HMK 84 when filing an action. However, the exceptions in HMK 85 also apply separately. For example, it is important whether the claimant owns an immovable sufficient to cover the security required in Türkiye, or holds a receivable secured by a security in rem. The statements “I am a Turkish citizen, so no security will ever be required” and “I am abroad, so firm security is required” are both incomplete. 2

What does the 2025 Court of Cassation decision show?

The decision of the Third Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) dated October 15, 2025, E. 2025/1328, K. 2025/4863, concerns a buyer living abroad who sought the return of a payment made for an informal (harici) sale of an immovable. It is not a decision that directly orders the cancellation of the title. Nevertheless, it is instructive on the procedural safeguards of a foreign claimant and on how the claim should be framed where no transfer was made. 7

The first-instance court dismissed the action as time-barred, counting from the date on which the immovable was sold to a third person. The Chamber stated that it must be determined whether the buyer’s knowledge of that sale was alleged and proven in the concrete case, and that the point at which the expectation of a transfer in the land registry ended must be assessed separately. The legal and factual framework of the earlier contract must be preserved. It cannot be concluded from this decision that, in every immovable claim, the limitation period starts only when the action is filed. 7

The second important aspect of the decision is security. The Chamber requested that the exemption be researched with the relevant Ministry unit and, where necessary, that a firm deadline be given for security, and that a conclusion on the procedural precondition be reached only after that. The decision of the regional court of appeal was set aside and the first-instance judgment was quashed. In a file with a foreign element, the review of security requires preparation separate from the main claim. 7

Can the case be followed without coming to Türkiye?

Proceedings can be followed through a lawyer holding a suitable power of attorney. The authority to represent a party in the action, and the authority to sell the immovable, collect the price, settle, waive or admit a claim, are not the same. The transactions for which HMK 74 requires special authority and the needs of the file must be assessed together. An overly broad sale authority should not be treated as a necessary element of following the case. 2

For documents issued abroad, the authority that issued the document, the applicable international convention and the certification regime are examined. HMK 224 regulates the probative value of foreign official documents and the reservation of agreements. An apostille relates to the signature and certification chain of the document to which it is applied. It does not by itself prove the legal content of the document, establish that the authority is sufficient for the action, or show that the transaction is valid. A Turkish translation must be prepared in a manner suited to the document’s purpose and nature. 2

Whether personal attendance at a hearing is required may vary according to the court’s procedure. Having only a lawyer in place of the party does not meet every need, for matters such as the interrogation of a party (isticvap), an oath, or the examination of an identity or a signature. Online participation should not be assumed to be an unconditional right in every file, or a technically ready option. 2 For related information, the article Türkiye’ye gelmeden miras işlemleri may also be read.

Which additional documents are needed for inherited immovables?

MÖHUK 20 generally subjects the succession to the national law of the deceased, while providing that Turkish law applies to immovables located in Türkiye. The status as heir, the death record, family ties, any will, and the conditions under which foreign documents may be used in Türkiye are considered together. A certificate of inheritance issued abroad should not be accepted as sufficient for direct registration in every file. 1

The capacity of a foreign person to be an heir and the capacity to keep the immovable in their hands permanently are different examinations. Article 35 of the Land Registry Law provides, apart from certain acquisition restrictions, for the liquidation of immovables acquired by inheritance and the payment of their value to the rights holder. Therefore, an acquisition restriction does not mean in every case that the economic value of the share in the estate is entirely lost. 3 For a separate assessment of this subject, see yabancılar ve yurt dışında yaşayanlar için Türkiye’de miras intikali.

How should the file and time limits be tracked?

At the preliminary review stage, the current title record, the official transaction file, the power of attorney, bank payments, correspondence and citizenship documents should be gathered together. In a foreign currency transfer, the sender, the recipient, the description, the date and the debt to which the payment relates are important. A translated bank receipt does not by itself resolve the whole dispute over signature and consent. 2

Living abroad does not, in general, extend the periods for filing an action or for remedies. The method of service, the date on which it was made, the representation by a lawyer and any electronic notification records are reviewed separately. Fraud, intimidation, an inheritance dispute or a contractual claim may be subject to different time-limit regimes. The time limit must be calculated according to the reason for the case. 126

If there is a risk of transfer, an interim injunction is considered under HMK 389 et seq. Filing the action does not automatically prevent the sale of the title. The scope of the injunction, its security and its implementation on the land registry are followed separately. A foreign claimant’s exemption from security for costs does not automatically remove the security required for an injunction. 2

For steps after the decision, the tescil kararının uygulanması rehberi may be used. For separate damages arising from registry errors, the TMK 1007 tazminat incelemesi may be considered together. As a separate guide, the article vekâletin kötüye kullanılması nedeniyle tapu iptali is also useful.

Conclusion

In a title action with a foreign element, the ownership claim and the procedural preparation must be carried out together. The citizenship status, the correct court, the acquisition restrictions, the exemption from security and a usable power of attorney should be clarified before the action is filed. Where a transfer is not possible, the conditions of a claim for the price must be established separately. Living abroad should not be taken to defer all time limits.

Frequently Asked Questions

Can a foreign national file a title cancellation action in Türkiye?

Yes. Other relevant conditions, such as the legal interest, the acquisition conditions and security, are assessed separately. Being a foreigner alone does not prevent filing an action. 13

Is security requested from a Turkish citizen living in Germany?

Under HMK 84–85, the habitual residence and the exceptions are examined. Living abroad does not in every case result in a firm security requirement. 2

Is the same security rate applied to every foreign claimant?

No. Under MÖHUK 48, the security the court sets and the exemption based on reciprocity are examined. A single percentage applicable to all foreigners cannot be foreseen. 17

Do I have to come to Türkiye to file an action?

The case can be followed through a lawyer. However, the procedures that require a party’s personal participation are assessed separately. It cannot be guaranteed that no attendance will be needed in every file. 2

Is an apostilled power of attorney sufficient for every land registry transaction?

No. The certification, the form of execution and the scope of the authority granted must be examined together. An apostille does not remedy every deficiency in authority or content. 2

Which law applies to the estate of a foreign national who owns an immovable in Türkiye?

For immovables in Türkiye, the Turkish-law rule in MÖHUK 20 is important. Inheritance certificates and the acquisition restrictions for foreign nationals are assessed separately. 13

I paid the price but no title was transferred: must a title action necessarily be filed?

The form of the contract, the legal basis of the claim and whether a transfer is possible are examined. In some cases a refund of the price or a compensation route arises. Payment alone does not prove a right to registration. 567

Sources and legal bases

1. Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Articles 4, 20, 21, 40, 48, 54 and 58; official text, accessed October 13, 2026. Source link
2. Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu), in particular Articles 2, 12, 74, 84–88, 114–115, 149, 169 et seq., 224 and 389–393; official text, accessed October 13, 2026. Source link
3. Law No. 2644 on the Land Registry (Tapu Kanunu), Articles 35–36; official text, accessed October 13, 2026. Source link
4. Law No. 5901 on Turkish Citizenship (Türk Vatandaşlığı Kanunu), Article 28; official text, accessed October 13, 2026. Source link
5. Law No. 4721 on the Turkish Civil Code (Türk Medeni Kanunu), in particular Articles 706 and 1023–1025; official text, accessed October 13, 2026. Source link
6. Law No. 6098 on the Turkish Code of Obligations (Türk Borçlar Kanunu), provisions on defects of intent, representation, form of contracts and agency; official text, accessed October 13, 2026. Source link
7. Court of Cassation, Third Civil Chamber (Yargıtay 3. Hukuk Dairesi), October 15, 2025, E. 2025/1328, K. 2025/4863. Full-text transcription of the decision. Refund of the price for an informal sale of an immovable, the starting point of limitation in the concrete case, and the security exemption of a foreign claimant; the full text in a secondary publication was reviewed, accessed October 13, 2026.