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Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TAPU KANUNUNDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN
Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5444.html
Law No. 5444
Acceptance Date: 29/12/2005
Article 1 dated 22/12/1934 and numbered 2644 canceled by the Constitutional Court Article 35 of the Land Act has been amended as follows.
Article 35.- Foreign real persons, on condition of reciprocity and compliance with legal restrictions, to use the workplace or as a dwelling in Turkey may acquire immovable property that is registered for such purposes in the implemented development plans or localized development plan. Easements same conditions stipulated in the right facility. Foreign nationals in the total area of limited real rights that may be acquired in an independent and permanent nature with a real person in the country can not exceed two and a half hectares. the conditions set forth in this paragraph, the amount of surface area to increase the Council of Ministers is authorized to thirty hectares.
Established in foreign countries according to the laws of their own countries trading company having legal personality, but real property under private law provisions and can acquire easements over real property rights.
Foreign natural persons and legal entities with foreign trade companies in pledges over immovable property located in the first and second paragraphs and restrictions established in Turkey according to the laws of their own country is not required.
Foreign nationals in foreign countries by individuals established under the laws of their own country can not acquire immovable property in Turkey olds foreign trade companies having legal personality and limited real rights can not be in their favor.
Reciprocity between the Republic of Turkey for the nationals referred to in paragraph of that gets real Legally inherited conditions and restrictions apply. and restrictions in the above paragraphs shall apply testamentary disposition. real estate acquired through legal inheritance of reciprocity between Turkey and the Republic of non-citizens to be disposed of easements and rights of inheritance process.
Reciprocity is essential in determining taken jure and de facto situation. This principle is recognition of the right of people to land ownership, the implementation of the country nationality, a foreign state's property acquisition of the rights to their citizens, it is essential to recognize the Republic of Turkey citizens.
Foreign nationals in foreign countries by individuals established under the laws of their own countries trading companies having legal personality; irrigation, energy, agriculture, mining, archaeological sites, and cultural characteristics of areas in need of protection because of the special protection areas flora and fauna feature in sensitive areas should be protected because of its strategic location in the public interest and real estate and limited real rights can not obtain space in terms of national security related public institutions and organizations registered with the essential coordinates map and determine on a proposal containing the plans and foreign real persons in the province of real estate can obtain on the basis of one thousand according to the provinces and the provincial area determine the rate not to exceed five Council of Ministers is authorized. Within the Ministry to which the Land Registry and Cadastre General Directorate by a commission composed of the relevant government representatives, Ministers in accordance with this article by making work within the powers conferred on the Board by evaluating examined proposals in this regard of public institutions and organizations of Ministers submitted to the Council.
Military forbidden zones will be determined after the date of entry into force of this Act, and military or strategic areas and changes decided by a special security zone map and coordinate values of National Defense Ministry without delay Registry and presented to the Ministry to which the Cadastre Agency.
Statement related to the expropriation of plots due to be in the areas mentioned need to be annotated in the land registry or heard above paragraph is made to the respective administrations of land registry.
Limited real rights on the real property is determined that this Article shall be used contrary to the purpose of acquisition outside of acquired or legal obligation contrary to the Ministry of Finance that the liquidation by Maliki in time will be converted to value will be liquidated unless and charges paid to the rights owner.
Article 2 of Law No. 2644 has been added to the following temporary items.
Provisional Article 2- military forbidden zones are present on the date of entry into force of this Act, all of the military and private security zones and the decisions relating to strategic areas of the map and the coordinate value of Land Registry and Cadastre General Directorate within three months by the Ministry of National Defense It sent to the Ministry in charge.
The decision to the regions above mentioned map and the coordinate values of the Land Registry to be sent to the General Directorate and digital media to be transferred in time until the transfer to provincial units by asked the competent military authorities, carried out land transactions by sending information and documents after the completion of the procedures explained.
Article 3 of the publication date, to be effective from the date this law comes into force 26/07/2005.
ARTICLE 4. This Law shall be enforced by the Council of Ministers.
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