Hisseli tapu is a shared title deed for a fraction of a plot of land or a property, where each owner's share is expressed as a proportion but no specific part has been physically divided off. You know how much you own, but you cannot legally point to which piece of land or which room is yours.
Where shared deeds turn up
- Land, especially agricultural plots and land outside built-up areas.
- Inherited houses and land that formally belong to several relatives.
- Plots that a seller has informally "split" into lots without an official subdivision.
A hisseli tapu is not the same as an ordinary flat. A flat with a kat mülkiyeti deed also comes with a share of the land (arsa payı), but the flat itself is a separate, defined unit. Likewise, a flat owned jointly by a married couple is shared ownership of one defined flat, not the purchase of an undivided share.
The risks for a buyer
- No control over a specific area. Building on, fencing or using "your" part without the co-owners' consent is risky, because legally it is not yours.
- Pre-emption rights. When a share is sold to an outsider, the other co-owners may by law be entitled to buy it on the same terms.
- Disputes. Decisions about the shared property need agreement, which is not always reached.
- Practical limits. Mortgages, building and reselling a share are usually harder than with a defined property.
Ways out of shared ownership
The options include subdividing the plot (ifraz) where zoning rules allow, an agreement between the co-owners, one owner buying out the others, or a court-ordered division or sale (ortaklığın giderilmesi davası). All of these take time and call for legal advice.
What to check before buying
- How many co-owners there are and the size of each share.
- Whether there is a notarised agreement on who uses which part, and what zoning plan applies to the land.
- Whether other owners' shares carry any charges.
- Whether your part can legally be divided off, and how long that would take.
- Who actually uses the land at present, and whether any buildings on it were agreed with the other owners.
How we help
We do not advise buying a shared deed without thorough checks, and in most cases we suggest properties with clearly defined ownership. We check the tapu, the list of owners and any charges before completion; see transaction support. If you own a share and want to sell, we can help you weigh up the options, see sell your property. Rules change, so confirm the current position with a lawyer.