How to File a Pre-emption Action in Turkey — Deadlines for Co-Owned Title

The right of pre-emption is a statutory right that, when a co-owner sells their share of a co-owned property to a third party, gives the other co-owners priority to purchase that share.

Legal Basis for the Right of Pre-emption

Under Article 732 et seq. of Turkish Civil Code No. 4721, when a co-owner sells all or part of their share to a third party, the other co-owners have the right to purchase that share in priority, on the same price and terms as the sale. This right protects co-owners who were not party to the sale contract from being forced into co-ownership with an unwanted third party.

When the Right of Pre-emption Does Not Apply

The right of pre-emption does not arise when a share is sold to another existing co-owner, since the purpose of the law is to preserve the balance among the existing co-owners. A share changing hands through gift, exchange, or inheritance is also outside the scope of the pre-emption right.

Filing Deadline

Under Article 733 of the Turkish Civil Code, the right of pre-emption can no longer be exercised once three months have passed from when the buyer or seller notifies the other co-owners of the sale through a notary, and in any event once two years have passed from the date of the sale; these periods are preclusive. If no notification was given, the two-year maximum period applies.

Filing the Action and the Competent Court

A co-owner wishing to exercise the right of pre-emption files a title cancellation and re-registration action against the third party who purchased the share, before the civil court of first instance where the property is located; the sale contract, the land registry record, and, where available, the notarized notification are submitted as evidence with the petition.

Payment of the Pre-emption Price

When exercising the right of pre-emption, the claimant co-owner is obliged to pay the price stated in the sale contract (or the actual sale price, if the stated price is proven to be a sham); the court may require this amount to be deposited as a procedural requirement for the action.

Practical Recommendations

If you learn that a share in a co-owned property has been sold, act before the three-month period expires; carefully examine whether the sale was properly notified to you and the documents showing the notification date (the notary notice, the land registry record).

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.