What Should You Pay Attention To When Buying Land?
First and foremost, when buying land, one should demand a proof of deed from the seller/owner; in a case where this isn’t possible, the deed information should be inquired about. One should also ask for the seller to produce their ID to check if there are discrepancies between the owner and the seller information on the deed and the ID. Otherwise, a very convenient state of conditions would be formed for swindling.
After the land deed has been verified, the total area of the land should be verified. The total area that is stated in the deed should be compared with the statement of the seller. The information regarding whether if the land is owned by one person or if it is shared can also be received via the deed. If there are no share rate statements on the deed, this is an implication that the land is owned by multiple people. These types of “divided and joint-owned” lands and fields worth less than the monolith ones. Because any kind of process might require the consent of the other owners, which is to say, when a joint-owned land is being sold, the unanimous consensus of all shareowners is mandatory.
Another thing that should be checked when going through the land deed is the annotations/glossary to see if there are any mortgages or preemptions on the property. Because these states are superior, as in prior, and are given rights to other parties. For example, if the land has a mortgage, the mortgage’s owner can oblige the buyer to sell the land to collect what is owed to them. That’s why any states the land might be in should be checked and verified before the purchase process is concluded.
There are special terms and regulations regarding the foreign nationals and the foreign-based companies. Any decision regarding them should be made after going through the mentioned regulations.
From the Cadastre department, you can inquire about information regarding the land you’re planning to buy such as whether if there are any limitations regarding its road-front or any other problems regarding any aspect of it. These information are essential. For example, you can find out that a 200 sq meter land might have a 50 sq meter cession for road.
Countless facts such as the plot’s topography (slope etc.), ground, if it’s cornered, the social environment of the land, it’s proximity to social services such as hospitals and schools, does it lead to any high-streets or mainroads, the permitted building area that is given in accord with the zoning plan (lot coverage) should also be kept in consideration.
To inquire about all these information you should request an application form or contact a freelancing mapping and cadastre engineer (for a formal application form, you’re obliged to go the Land Registry and Cadastre in person, and for that, a formal application should be made by the property holder. A freelancing engineer doesn’t want this kind of a responsibility.)
By following these directions, it is possible for you to find out whether if the information you’ve received about the land is correct or not.
For example, information such as the total area of the land and the social service institutions and many other significant places where the land is in the adjacency of can be reached by finding out about the land’s block and plot number running a quick search on Land Registry and Cadastre’s formal site “tkgm.gov.tr” or using the CBS applications which are built in on some municipalities’ official website pages.
One other important fact for consideration is the zoning state of the land. The zoning plan should be found out before any purchase, for it is an essential information. If the land’s qualification is stated as “farm field, olivery, orchard etc.” this land is considered as an unzoned one. There can be small shacks built on this land. The information regarding the land’s zoning plan can be requested from the Ministry of Public Works (Bayındırlık Bakanlığı) or the Board of Settling (İskan Müdürlüğü). For example, the seller might state that the land is zoned for 10 floor buildings, but the reality might be that the land is zoned for 2 floored buildings, it might be a forestry, or even a protected site! The zoning plan for the adjacence of the land also possesses an essential importance for it can be a factory site in the future, a commerce center, or a transportation route might be planned. These factors play a substantially influential role in deciding the value of the land.
The lands with the possession right (Zılliyet Hakkı) and 2B status also pose an importance that is worthy of attention. Such as, even if there aren’t glosses/annotations on 2B deeds, General Directorate of Highways should always be consulted and one should find out whether if there are any plans for road-widening within a 5-10 year period.
Last but not least, if you’re not thoroughly informed about the process of purchasing a property, we advise you to go through the information we’ve given you above and receive help from a Professional.