Mediation Practices In The Land Registry 06 July 2025

Within this scope, disputes concerning the transfer of immovable property and the establishment of limited real rights on immovable property have been included within the scope of voluntary mediation (Art. 17/B), whereas disputes concerning the partition of immovable property and the elimination of joint ownership have been included within the scope of procedural- mandatory- mediation (Art. 18/B). With this regulation, the legislator also enables one of the parties to the mediation settlement agreement to apply to the land registry office for registration.
 

Pursuant to the relevant amendments, Land Registry Department of the General Directorate of Land Registry and Cadastre under the Ministry of Environment, Urbanization and Climate Change, issued a circular dated 29.11.2024 and numbered 2024/5, setting out the procedures and principles regarding the practices of mediation in the land registry. According to the Circular:
 

A. Article 17/B Annotation
 

Article 17/B of the Law stipulates that disputes concerning the transfer of immovable property and the establishment of limited real rights on such property are suitable for mediation and it regulates that during the mediation process, an annotation may be entered in the land registry indicating that the power of disposition over the immovable property is restricted. Within the scope of this regulation:
 

1. The mediator may request the land registry office to issue an annotation on the restriction of the power of disposition limited to the duration of the mediation process and provided that the restriction period does not exceed three months from the date of its registration.
 

2. Such a request to the land registry office is subject to the parties participating in the mediation process making a written decision regarding the annotation and the mediator officially taking a record of this decision in the minutes.  A request must be made by the mediator through "Web Tapu" by uploading the document stating that the parties have agreed in writing on the annotation and the document stating that this agreement has been recorded by the mediator to the system.
 

3. The Land Registry Office is obliged to examine whether the request concerns the transfer of immovable property or the establishment of limited real rights on the immovable property within the scope of Article 17/B of the Law. Annotation requests that do not fall within the scope of Article 17/B shall not be accepted.
 

4. If the annotation request is approved, an annotation shall be issued in the annotations column of the immovable property subject to mediation, indicating that a mediation process has been initiated regarding the transfer or establishment of a limited real right. This annotation is regarded a restriction on the power of disposition pursuant to Article 48/1-ç of the Land Registry Regulation.
 

5. The effect of the annotation in question is limited to the duration of the mediation process and shall be valid for a maximum period of three months from the date it is issued at the land registry. At the end of the three-month period, the annotation will automatically expire.
 

6. Within the three-month period, the mediator may request the removal of the annotation upon submission of a written document stating that the parties either failed to reach an agreement at the end of the mediation process or agreed on the removal of the annotation.
 

7. In disputes subject to mediation concerning the division of immovable properties and the elimination of joint ownership which are considered under the scope of the article 18/B, annotation requests pursuant to Article 17/B shall not be accepted.
 

B. Implementation of Mediation Settlement Agreement in the Land Registry
 

With Article 17/B of the Law, disputes regarding the transfer of immovable property or the establishment of limited real rights on immovable property are included in the scope of voluntary mediation, and with Article 18/B, disputes regarding the division of immovable property and the elimination of joint ownership are included in the scope of procedural - mandatory - mediation.
 

Finally, for the mediation settlement agreement to be enforceable in the land registry, it must be related to the transfer of the immovable property, the establishment of limited real rights on the immovable property, the division of the immovable property and the elimination of joint ownership.
 

According to the relevant articles of the Law, for one of the parties to the mediation settlement agreement to request registration from the land registry office based on the agreement; an enforceability annotation for mediation settlement agreement must be obtained. This enforceability annotation may be obtained from the civil court of peace in the jurisdiction where the immovable property is located.
 

In this context;
 

1. Each party may request registration with the mediation settlement agreement and the enforceability annotation decision to be given by the Civil Court of Peace.
 

2. While the Land Registry Directorate carries out the necessary examinations and evaluations included in the legislation, it seeks the finalization of the enforceability annotation decision. After the relevant examinations are completed, the registration request is fulfilled by issuing a registration request document.
 

3. Along with the registration of the mediation settlement agreement, the annotation to Article 17/B, if any, shall be cancelled.
 

It is not possible to abandon or change a real/personal right in the land registry with a mediation settlement agreement. Within the scope of mediation regarding immovable properties, disputes regarding the transfer of immovable properties or the establishment of limited real rights on immovable properties, the division of immovable properties and the elimination of joint ownership have been determined in a limited number.
 

As a result, with the Circular numbered 2024/5, the procedures and principles regarding the registration of the 17/B annotation into the land registry and the execution of the process by the land registry directorates in the voluntary mediation process regarding the transfer of immovable property or the establishment of limited real rights have been established. In addition, the practice of registering the mediation settlement agreement in the land registry with an enforceability annotation obtained from the civil court of peace, valid only for certain types of disputes, has also been included.
 

The Circular on "Mediation Practices in the Land Registry", numbered 2024/5 has been published on the website of the General Directorate of Land Registry and Cadastre. The Circular may be accessed at the following link:https://www.tkgm.gov.tr/ tapu - sicilinde - arabuluculuk - uygulamalari.