How Is a Shared Title Deed / Field Divided into Independent Parcels?
Many fields (tarla) and building plots (arsa) in the Arnavutköy and Yenişehir area are bought and sold under a shared title deed (hisseli tapu). So how is a shared title deed divided, and how does each co-owner end up with their own independent parcel? In this guide we explain the consensual and court-based division methods, the requirements, and the points to watch out for.
What Is a Shared Title Deed?
A shared (co-owned) title deed is a title deed (tapu) under which several people jointly own a property in specific share ratios. Owning a "1/4 share", for example, means holding one quarter of the parcel as a share; however, that share does not indicate which physical corner of the parcel it corresponds to. All co-owners are joint owners of the entire parcel.
3 Ways to Obtain an Independent Title
1) Consensual Partition + Subdivision (İfraz)
The soundest route is for all co-owners to divide the parcel by agreement (partition, "taksim"). If the zoning plan permits, the parcel undergoes subdivision (ifraz) and each co-owner receives the title deed of their own clearly bounded independent parcel. The steps:
- An up-to-date zoning status (çap) certificate is obtained,
- A surveying engineer prepares the subdivision/partition file,
- An application is filed with the municipality with the consent of all co-owners, and the municipal executive committee (encümen) issues its decision,
- The Land Registry Office issues the new independent title deeds.
2) Dissolution of Co-Ownership (İzale-i Şuyu)
If the co-owners cannot agree, any one of them may file a dissolution of co-ownership (izale-i şuyu) lawsuit in court. The court chooses one of two routes:
- Partition in kind: The property is physically divided and the shares distributed (where possible),
- Sale: The property is usually sold at public auction, and the proceeds are distributed according to the share ratios.
3) Sale / Transfer of a Share
Instead of dividing, a co-owner may sell their own share to the other co-owners or to a third party. In that case the parcel is not divided; only the share changes hands and the co-ownership continues.
Requirements for Division
| Subject | Requirement |
|---|---|
| Zoning requirement | The resulting parcels must meet the minimum size/frontage/depth set in the plan |
| Co-owner consent | A consensual partition requires the consent of all co-owners |
| Agricultural land | Parcels may not fall below the indivisible minimum size set by the legislation |
Frequently Asked Questions
How does a shared title deed become independent?
If the zoning plan permits, it is divided into independent parcels through subdivision (ifraz). The agreement of all co-owners, a file prepared by a surveying engineer, and the approval of the municipal executive committee and the Land Registry Office are required; in the end, everyone receives an independent title deed in their own name.
What happens if the co-owners cannot agree?
Any co-owner may file a dissolution of co-ownership (izale-i şuyu) lawsuit in court. The court orders either partition in kind or sale by public auction; the proceeds are distributed according to the share ratios.
Can every shared field be divided?
No. Every resulting parcel must meet the minimum size, frontage and depth requirements set in the plan. In addition, for agricultural land, the indivisible minimum size limit under the legislation applies.
What is the difference between selling a share and subdivision?
When a share is sold, the parcel is not divided; only the share in the title deed changes hands and the co-ownership continues. In subdivision/partition, the parcel is actually divided and everyone becomes the owner of a clearly bounded independent parcel.