What Is an Independent Title Deed? How It Differs from a Shared Deed
One of the questions you hear most often when buying a building plot (arsa) or a field (tarla) is "is the title deed (tapu) independent or shared?" An independent title deed (müstakil tapu) means owning a property entirely on your own, and it offers significant advantages over a shared title deed. In this guide we explain what an independent title deed is, how it differs from a shared deed, and how to convert to an independent title deed.
What Is an Independent Title Deed?
An independent title deed is a deed showing a distinct, self-contained parcel with defined boundaries, where a single person (or a single legal entity) owns the property in its entirety. With an independent title deed, the owner:
- has sole power of disposal over the entire parcel,
- has no co-ownership with any other shareholder,
- owns a specific parcel with clearly defined boundaries.
What Is a Shared Title Deed?
A shared title deed (hisseli tapu) is a deed in which several people are co-owners of the same parcel in specific share ratios. Holding a "1/3 share", for example, means owning one third of the parcel as a share; however, this share does not indicate which physical corner of the parcel it corresponds to. All shareholders co-own the entire parcel.
Independent vs Shared Title Deed Comparison
| Feature | Independent Title Deed | Shared Title Deed |
|---|---|---|
| Number of owners | Single owner | Multiple co-owners |
| Boundaries | Clear and defined | Share ratio known, location undefined |
| Sale/mortgage | Practical, single signature | Share transfer; co-owner situation matters |
| Construction | Sole decision-making | Co-owner consent may be required |
| Price | Generally higher | Generally more affordable |
How Is a Shared Title Deed Converted into an Independent One?
If the zoning plan permits, a shared parcel can be divided into independent parcels through subdivision (ifraz) and partition. In this process:
- the resulting parcels must meet the minimum size/frontage requirement,
- the consent (agreement) of all shareholders is required,
- at the end of the procedure, each shareholder receives an independent title deed in their own name.
If the shareholders cannot reach an agreement, a lawsuit for the dissolution of co-ownership (izale-i şuyu) may come into play.
Why Is an Independent Title Deed Preferred?
- Sole decision-making and easy sale,
- Convenience when using loans/mortgages and obtaining building permits,
- Low risk of disputes, since there are no co-owners,
- Generally higher value and demand compared with shared deeds.
Frequently Asked Questions
What is an independent title deed?
A deed showing a distinct, self-contained parcel with defined boundaries, owned in its entirety by a single person (or a single legal entity). The owner has sole power of disposal over the entire parcel; there is no co-ownership.
What is the difference between an independent title deed and a shared title deed?
With an independent title deed, the entire parcel belongs to a single owner and its boundaries are clear. With a shared title deed, several people co-own the same parcel in share ratios; a share does not indicate a physical location. An independent title deed is more practical for sales, mortgages and construction.
Can a shared title deed be converted into an independent one?
Yes. If the zoning plan permits, a shared parcel can be divided into independent parcels through subdivision and partition; each shareholder receives an independent title deed in their own name. The minimum size/frontage requirement and the shareholders' consent are needed.
Why is an independent title deed preferred?
It provides sole decision-making, easy sale, and convenience with loans/mortgages and building permits. Since there are no co-owners, the risk of disputes is low; for this reason it is generally a more valuable and sought-after form of ownership.