Property and lease

Annotation in the land registry

The entry of personal rights or restrictions on disposal into the land register, making them assertable against third parties.

All terms

An annotation (şerh) is the entry of certain personal rights and restrictions on disposal into the relevant column of the land register. Once entered, the matter can be asserted against anyone who later acquires the property, giving the personal right an effect attached to the land itself.

Promises of sale, lease agreements and contractual pre-emption or repurchase rights are the main personal rights capable of annotation. Restrictions such as attachments, bankruptcy and preliminary injunctions, as well as the family residence entry, are also recorded. The practical consequence for buyers is clear: no one can claim ignorance of what appears in the register.

Statutory effect periods apply to some entries, and an expired annotation cannot be asserted against new owners. Examining these columns before purchasing prevents surprises that are difficult to remedy later.

Not to be confused with

İpotek ile karıştırılmamalıdır: ipotek alacağı güvence altına alan bir rehin hakkıdır ve kütüğün ayrı bir sütununa tescil edilir.

Statutory basis

  • TMK m.1009
  • TMK m.1010

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.