Foreign Investor Buys Land With Several Co-Owners in Turkey: How Can All Ownership Shares Be Acquired? (2026 Updated Guide)

A foreign investor buys a share in land with several co-owners in Turkey. Learn how the remaining ownership shares may be acquired, how co-owner sales work, when pre-emption rights create risks and whether partition proceedings can lead to full ownership.

Buying land with several registered owners can create a significantly more complicated investment than purchasing a property from a single owner. A foreign investor may believe that purchasing one large ownership share gives effective control over the entire land, only to discover that every remaining co-owner continues to hold independent ownership rights. One co-owner may agree to sell while another refuses. A third may be deceased, involved in an inheritance dispute or impossible to contact. The investor may then ask the most important question: How can all remaining shares be acquired so that the investor becomes the sole owner of the land?

Under Turkish co-ownership rules, each co-owner owns a defined legal share in the entire undivided property rather than automatically owning a physically separated part of the land. Each co-owner can generally dispose of that share. Acquiring one share therefore does not automatically provide ownership of the other shares or a specific physical section of the land.

For a foreign investor seeking complete ownership, the strategy usually begins with identifying every registered owner and share, investigating title restrictions, negotiating individual share transfers and examining statutory pre-emption risks. Where voluntary acquisition of every share is impossible, termination of co-ownership through partition proceedings may become relevant. However, such proceedings should not be treated as a guaranteed mechanism for transferring all shares directly to the investor.

First Determine the Exact Ownership Structure

Before negotiating with anyone, the land registry position must be examined.

The investor should determine how many owners exist, the percentage or fraction registered in the name of each owner and whether the property is held under ordinary co-ownership or another form of collective ownership.

This distinction can materially affect how individual ownership interests may be transferred.

What Does Co-Owned Land Mean?

Under Article 688 of the Turkish Civil Code, several persons may own an undivided property in specified shares.

Each co-owner has ownership rights and obligations concerning their own share, and that share can generally be transferred, pledged or subjected to enforcement.

The critical point for a foreign investor is that a 40 percent ownership share does not normally mean that the investor automatically owns a particular 40 percent physical section of the parcel.

The legal share extends to the undivided property.

Buying the Largest Share Does Not Automatically Give Full Ownership

An investor may acquire 60, 70 or even 90 percent of a parcel while another person retains the remaining percentage.

The investor does not become sole owner merely because the investor holds the overwhelming majority.

The remaining co-owner continues to possess legally protected ownership rights.

Complete ownership generally requires acquisition or other lawful elimination of every remaining ownership interest.

Can Each Co-Owner Sell Their Share Separately?

In ordinary co-ownership, yes, subject to applicable legal restrictions.

This allows an investor to negotiate separately with each registered co-owner.

For example, where four people hold 25 percent each, an investor might acquire the first owner’s share and later negotiate acquisitions from the other three.

Each transaction should be examined individually.

The Safest Strategy May Be a Coordinated Acquisition

Where possible, the investor may attempt to negotiate with all co-owners before completing the first purchase.

A coordinated transaction can reduce the risk that the investor purchases one share but later discovers that another owner refuses to sell or demands a substantially higher price.

The purchase structure should identify every seller, share and payment obligation clearly.

Do Not Assume That One Co-Owner Represents Everyone

This is a common investment risk.

One co-owner may tell a foreign investor:

“My family owns the entire land.”

“My relatives have agreed.”

“I can arrange their shares later.”

Such statements should not replace land-registry verification.

A person can transfer only the rights that person legally holds unless properly authorized to act for other owners.

Verify Every Seller at the Land Registry

The investor should determine whether the proposed seller is actually registered as an owner and what percentage is registered in that person’s name.

The investigation should also identify mortgages, liens, annotations, rights in rem and other restrictions affecting the share or parcel.

Foreign investors should avoid making substantial payments based only on copies of documents provided by intermediaries.

Preliminary Agreements Do Not Automatically Transfer Ownership

A promise to sell, reservation document or private agreement should not be confused with completed transfer of real-estate ownership.

Ownership transfer requires the legally required land-registry process.

Accordingly, an investor who pays for several shares but completes registration for only one may face significant risks if the remaining sellers later refuse to complete their transfers.

What If One Co-Owner Refuses to Sell?

A co-owner generally cannot be forced to sell their individual share merely because another co-owner or investor wants complete ownership.

The investor can continue negotiations, make a commercial offer or examine whether termination of co-ownership is appropriate.

The investor should not assume that holding a majority share creates a unilateral right to purchase the minority owner’s interest.

Can the Investor Offer Different Prices to Different Co-Owners?

Commercial negotiations may result in different prices.

A reluctant owner may demand more than another owner. A share subject to litigation or other restrictions may also have a different commercial position.

However, the investor should evaluate the consequences of each transaction carefully, particularly where statutory pre-emption rights remain relevant.

Statutory Pre-Emption Rights Can Create a Major Risk

Article 732 of the Turkish Civil Code establishes a statutory pre-emption right where a co-owner sells all or part of their share to a third party.

The other co-owners may potentially exercise that right.

This means that a foreign investor buying a share from one co-owner while remaining outside the existing co-owner group can face a pre-emption claim from another co-owner.

The risk should be analyzed before the first share acquisition, not after the transaction has already been completed.

Why Pre-Emption Matters to a Foreign Investor

Imagine that three people own land in equal shares.

A foreign investor purchases one owner’s share.

One of the remaining co-owners may potentially seek to exercise the statutory pre-emption right under the applicable conditions.

The investor should therefore examine whether pre-emption rights exist, whether any waiver has been executed and how the planned acquisition should be structured.

What Changes After the Investor Becomes a Co-Owner?

Once the investor validly acquires and registers a share, the investor becomes part of the co-ownership structure.

This can materially affect subsequent acquisitions.

Article 732 concerns the sale of a co-owner’s share to a third party. The legal position of subsequent transactions should therefore be assessed according to who the buyer and seller are at the time of each sale.

This is one reason why the order in which shares are acquired may matter.

Can Existing Co-Owners Waive Pre-Emption Rights?

Turkish law permits waiver, but the required form matters.

A general waiver of statutory pre-emption must be made in official form and annotated in the land registry.

A waiver concerning a specific sale is subject to written form and may be made before or after that sale.

For a foreign investor planning a multi-share acquisition, these distinctions can be extremely important.

The 2026 Pre-Emption Rules Must Be Checked Carefully

The statutory regime changed at the end of 2025.

Under the amended Article 733, statutory pre-emption is subject to a three-month period from proper notification of the sale and, in any event, a one-year ultimate period from the sale.

The amendment makes current-law review especially important for acquisitions taking place in 2026.

Foreign investors should therefore avoid relying on older online materials describing the previous ultimate period.

Notification of the Share Sale Is Important

Article 733 requires the sale to be notified to the other co-owners through a notary by the buyer or seller.

This notification is directly relevant to the three-month period for exercising statutory pre-emption.

A foreign investor purchasing the first share should therefore include post-closing notification and pre-emption management in the transaction strategy.

How Is a Pre-Emption Right Exercised?

The statutory pre-emption right is exercised through legal proceedings against the buyer.

The 2025 amendments also changed the payment mechanism applicable to the exercise of that right. The current Article 734 provides for judicial determination of the market value of the disputed share and requires the pre-emption claimant to deposit the determined amount together with relevant land-registry expenses within the court’s mandatory period.

For substantial land investments, this makes current legal analysis of pre-emption litigation particularly important.

Can All Co-Owners Sell Simultaneously?

Potentially, and this may provide a cleaner transaction structure where everyone agrees.

Instead of acquiring shares over a long period, the investor may seek coordinated transfers so that every seller participates in the closing process.

The exact transaction structure should be prepared carefully to address payments, authorizations, title restrictions and registration.

What If One Seller Changes Their Mind Before Closing?

This can create a serious problem if the investor has already paid deposits or completed purchases from other co-owners.

The enforceability of any preliminary commitment depends on the type and form of the agreement.

Foreign investors should therefore avoid paying substantial amounts under informal documents without first examining whether the transaction structure adequately protects them.

What If a Co-Owner Has Died?

The investor should determine whether the deceased person’s ownership position has been properly transferred through inheritance procedures.

Several heirs may have rights relating to the deceased owner’s interest.

This can transform what appeared to be a four-owner transaction into negotiations involving many additional people.

Inheritance issues should be resolved before assuming that the deceased owner’s share can be purchased from one family member.

Co-Ownership and Joint Ownership Must Be Distinguished

Not every property with several interested persons operates under the same legal structure.

Article 701 of the Turkish Civil Code regulates joint ownership arising from a legally recognized community. In such ownership, the participants do not hold separately disposable defined shares in the same way as ordinary co-owners.

Under Article 702, unless otherwise provided by law or agreement, disposition generally requires unanimous action.

The investor should therefore verify the legal form of ownership before negotiating individual transfers.

What If the Property Is Still Registered Through an Estate?

Where inheritance has not been fully resolved, the investor may face joint-ownership issues rather than immediately transferable individual shares.

The inheritance records, certificate of inheritance and land-registry status should be examined.

An investor should not assume that a person describing themselves as a “one-third heir” can automatically transfer a separately registered one-third land share.

Can Joint Ownership Be Converted Into Ordinary Co-Ownership?

Depending on the legal circumstances, transition from joint ownership to ordinary co-ownership may become relevant.

Article 703 recognizes termination of joint ownership through transfer, dissolution of the underlying community or transition to co-ownership.

The appropriate process depends on why the joint ownership exists.

This issue commonly requires attention where inherited land is being acquired.

What If a Co-Owner Cannot Be Located?

A missing or unreachable co-owner can significantly complicate a full acquisition.

The investor should first verify the person’s identity, registration details and current legal status.

The other co-owners cannot ordinarily sell that person’s ownership merely because the person cannot be contacted.

Legal procedures may need to be considered depending on the circumstances.

Can a Majority Owner Force the Minority Owner to Sell?

Not simply because the majority owner holds more shares.

A 90 percent co-owner does not automatically obtain a unilateral right to compel the remaining 10 percent owner to transfer their share directly to the majority owner.

However, every co-owner generally has a right to seek termination of co-ownership unless a statutory or contractual restriction applies.

That creates a different legal route.

What Is a Partition Action?

Articles 698 and 699 of the Turkish Civil Code regulate termination of co-ownership.

Subject to the applicable exceptions, each co-owner may request partition.

The objective is to terminate the co-ownership relationship rather than to force a particular co-owner to privately sell their share to another co-owner at a price chosen by that person.

Can the Land Be Physically Divided?

Possibly.

Article 699 recognizes partition through physical division or sale and distribution of the proceeds.

If the parties cannot agree, the court can consider physical division where legally and practically appropriate.

Whether land can actually be divided depends on the nature of the parcel and applicable planning, agricultural and other regulatory requirements.

What If Physical Division Is Impossible?

Where division is not appropriate and the property cannot be divided without significant loss of value, sale may become the applicable method of terminating co-ownership.

The proceeds are then distributed according to ownership interests.

This can create an opportunity for an investor who wishes to acquire the entire property, but it also creates competition risk.

Does Filing a Partition Case Guarantee That the Investor Gets the Land?

No.

This is a critical point.

A partition action is not a mechanism guaranteeing that the co-owner who filed the case will become sole owner.

Where the property is sold through the applicable process, other potential buyers may participate depending on the form of sale.

The investor could therefore lose the property to another bidder.

Can the Sale Be Restricted to Existing Co-Owners?

Article 699 provides that a sale by auction among the co-owners requires the consent of all co-owners.

Without the required agreement, an investor should not assume that the auction will automatically be restricted to the existing owners.

This risk should be assessed before using partition proceedings as an acquisition strategy.

Compulsory Auction Creates Different Pre-Emption Consequences

The current Article 733 provides that statutory pre-emption cannot be exercised in compulsory-auction sales.

This distinction can become relevant where co-ownership is terminated through a sale process.

However, the investor must still evaluate the auction structure, competition and price risk.

Could the Investor Buy the Entire Property at Auction?

Potentially, if the investor is legally eligible to acquire the property and successfully purchases it through the applicable process.

But there is no guaranteed acquisition price.

Other bidders may increase the price, and the investor should calculate in advance how much capital can realistically be committed.

A partition strategy should therefore include an auction budget and exit strategy.

Negotiation May Be Better Than Litigation

A partition case may place commercial pressure on co-owners, but litigation is not always the most efficient solution.

A negotiated acquisition can provide more certainty regarding price and timing.

Before filing proceedings, the investor may compare the expected litigation and auction risks with the cost of offering the remaining owners commercially attractive terms.

Do Not Overpay for the First Share Without an Exit Strategy

A foreign investor may pay a premium for the first share because the ultimate objective is full ownership.

If the remaining co-owners refuse to sell, the investor can become trapped in an unwanted co-ownership structure.

Before purchasing the first share, the investor should therefore identify at least three possible outcomes: acquisition of all remaining shares, long-term co-ownership or termination of co-ownership.

The economics of each outcome should be acceptable.

Conduct Title Due Diligence Before Buying Any Share

The land registry should be reviewed for mortgages, attachments, usufruct rights, annotations, easements and other restrictions.

Each individual share may have its own legal problems.

The fact that one owner’s share is clear does not automatically mean every other share can be transferred without difficulty.

Check Whether the Land Itself Can Be Acquired by a Foreign Investor

Foreign ownership rules must be reviewed separately from co-ownership law.

A foreign natural person cannot assume that every parcel available to Turkish citizens is automatically available for foreign acquisition.

Nationality-based eligibility, statutory area limits, restricted zones and other property-specific restrictions may need to be checked before the transaction proceeds.

Foreign Natural Persons Are Subject to Acquisition Limits

Foreign natural persons are subject to statutory restrictions concerning real-estate acquisition.

Current official investment guidance states, among other restrictions, that a foreign natural person may generally acquire real estate and limited rights in rem up to an aggregate statutory area limit of 30 hectares, subject to the applicable legal framework and possible increased limits under authorized circumstances.

The parcel-specific eligibility should be confirmed before payments are made.

Land Without Existing Construction Requires Additional Attention

Acquisition of undeveloped land can trigger additional requirements for foreign owners.

The investor should determine the classification and intended use of the parcel and whether project-development obligations or other regulatory requirements apply.

Purchasing all ownership shares does not eliminate planning, zoning, agricultural or foreign-ownership restrictions affecting the land itself.

Agricultural Land Can Create Additional Complexity

Where the property is agricultural land, special statutory rules may affect division, acquisition and use.

A strategy based on physically dividing the parcel may therefore fail even if the co-owners would otherwise prefer that solution.

The land’s official classification should be confirmed before a partition strategy is selected.

Zoning Status Should Be Checked Before Share Acquisition

Full ownership has limited investment value if the investor’s planned project cannot legally be developed.

The investor should therefore investigate zoning status, permitted construction, access, infrastructure and other development restrictions before attempting to consolidate all shares.

Ownership consolidation and development due diligence should proceed together.

Check Whether the Parcel Has Access Problems

Some land may lack legally adequate road access or may depend on easements affecting neighboring parcels.

These issues can materially affect value.

A foreign investor focused solely on acquiring every ownership share may overlook restrictions that make the land unsuitable for the intended project.

Mortgages and Attachments on Individual Shares Matter

A co-owner may agree to sell but have creditors with rights affecting the share.

The investor should determine whether existing encumbrances can be removed as part of the transaction.

Payment should be structured carefully where discharge of a mortgage, attachment or other restriction is required.

Do Not Pay All Sellers Before Registration

Large advance payments create obvious risk.

The investor should coordinate payment and title transfer so that ownership is actually registered as intended.

Where several co-owners are involved, the payment mechanism should identify exactly how much each seller receives and what happens if one transfer cannot be completed.

Powers of Attorney Must Be Checked Carefully

Some co-owners may live abroad or be unable to attend the transaction personally.

A representative may therefore act under a power of attorney.

The authority should be reviewed to ensure that it adequately covers the relevant real-estate transaction.

The investor should not rely merely on a representative’s statement that they are authorized to sell.

The Purchase Price Should Be Allocated by Share

Where several co-owners are selling, the agreement should clearly identify the consideration attributable to each share.

This can reduce later disputes concerning whether one seller was paid, what percentage was acquired and which transaction a particular payment related to.

Bank payment records should correspond with the transaction documentation.

What If One Co-Owner Demands a Very High Price?

This often occurs after an investor has already purchased most of the land.

The remaining owner may understand that their small percentage is strategically important to the investor.

The investor must then compare the demanded premium against the cost, time and uncertainty associated with continuing co-ownership or pursuing partition.

This is why the negotiation strategy should ideally be developed before the first acquisition becomes public to all remaining owners.

Can the Investor Use Pre-Emption to Acquire a Remaining Share?

Once the investor is a registered co-owner, a subsequent sale of another co-owner’s share to an outside third party may raise statutory pre-emption issues.

Whether and how the investor can exercise that right must be assessed under Articles 732–734 and the current 2026 rules.

A pre-emption claim is a procedural legal remedy, not an informal right simply to match another buyer’s offer.

Monitor Changes in the Land Registry

An investor trying to consolidate ownership should monitor the legal status of the parcel.

A remaining co-owner may sell, mortgage or otherwise deal with their share.

Delayed discovery of a transaction can affect available options.

The investor should therefore maintain an organized record of ownership developments.

What If the Remaining Co-Owner Sells to Someone Else?

The investor should immediately determine the transaction date, purchaser and nature of the transfer.

Where the legal requirements for statutory pre-emption are satisfied, the current limitation periods must be considered urgently.

Under the amended 2026 framework, reliance on outdated information about longer ultimate periods can be particularly dangerous.

Can the Investor Acquire Shares Through a Company?

The answer depends heavily on the identity and legal status of the company.

Foreign legal entities, Turkish companies with foreign capital and foreign natural persons are not treated identically for real-estate acquisition purposes.

The acquisition vehicle should therefore be selected before signing transaction documents.

Using a company does not automatically eliminate restrictions applicable to foreign real-estate investment.

Due Diligence Should Cover Every Co-Owner

A multi-owner transaction requires both property-level and seller-level investigation.

For every ownership share, determine the registered owner, transfer authority, encumbrances, inheritance status, litigation risk and whether another person has rights affecting the share.

A single problematic share can prevent the investor from achieving the objective of sole ownership.

Create a Share Acquisition Map

A practical acquisition strategy should list every co-owner and the exact registered percentage.

For each share, record whether the owner is willing to sell, expected price, title restrictions, inheritance issues, pre-emption considerations and planned closing date.

This makes it easier to identify which ownership interests present the greatest risk.

Consider the Acquisition Sequence Before the First Purchase

The order of purchases can have legal and commercial consequences.

The first transaction may create pre-emption exposure because the investor is initially an outside third party. Once the investor becomes a registered co-owner, the legal position of later co-owner-to-co-owner transactions may differ.

The acquisition sequence should therefore be planned rather than determined simply by which owner responds first.

2026 Practical Legal Strategy

A foreign investor seeking complete ownership of co-owned land should begin with full land-registry and ownership due diligence before purchasing the first share. Every owner, ownership percentage, encumbrance, inheritance issue and foreign-acquisition restriction should be identified.

Where all owners are willing to sell, a coordinated acquisition is generally preferable because it reduces the risk of becoming trapped with an incomplete ownership position. The transaction should address share-specific purchase prices, payment mechanics, powers of attorney, registration and pre-emption issues.

Where shares must be acquired sequentially, the order of acquisition should be analyzed carefully. The statutory pre-emption regime is particularly important for the first purchase from an existing co-owner because the investor initially enters the co-ownership structure as a third-party buyer.

If one or more owners refuse to sell, voluntary negotiation should be compared with termination of co-ownership under Articles 698 and 699. A partition proceeding can potentially result in physical division or sale of the property, but it does not guarantee that the investor will acquire the entire land. Auction competition and acquisition-price risk must therefore be considered.

The 2026 legal framework also requires particular attention to the amendments affecting statutory pre-emption. The ultimate period under Article 733 is now one year from the sale, while the three-month period following proper notification remains relevant.

For a substantial investment, Lawyer Fırat Fesih Kaya can evaluate the ownership structure, acquisition sequence, pre-emption exposure, foreign-investor restrictions and potential partition strategy before the investor commits capital to the first share.

Frequently Asked Questions

Can a foreign investor buy only one share of jointly owned land in Turkey?

Potentially, yes, provided the foreign investor is legally eligible to acquire the relevant property and the proposed share can lawfully be transferred. Buying one share makes the investor a co-owner; it does not create sole ownership.

Does buying 51 percent of the land give the investor complete control?

No. Majority ownership does not eliminate the ownership rights of the remaining co-owners.

Can the investor force the remaining co-owners to sell their shares directly?

Not simply because the investor owns the majority. Negotiation or, where legally available, termination of co-ownership may need to be considered.

Can every co-owner sell their own share?

In ordinary co-ownership, each co-owner generally has rights of disposition over their own share, subject to applicable restrictions and the statutory pre-emption regime.

Can another co-owner challenge the foreign investor’s first share purchase?

A sale of a co-owner’s share to a third party may trigger statutory pre-emption rights under Article 732 if the applicable conditions are satisfied.

How long does a co-owner have to exercise statutory pre-emption in 2026?

Under the amended Article 733, the right is subject to three months from proper notification of the sale and, in any event, one year from the sale.

What happens if one owner refuses to sell?

The investor can continue negotiating or assess whether termination of co-ownership is appropriate. The owner cannot simply be forced to execute a private sale because other co-owners want the transaction.

Can a partition case make the investor sole owner?

It can potentially lead to a sale process in which the investor may seek to acquire the property, but it does not guarantee that the investor will become sole owner.

What if one of the registered owners has died?

Inheritance and land-registry records must be examined. The heirs’ legal position may need to be resolved before the ownership interest can be acquired.

What should a foreign investor do before purchasing the first share?

Identify every registered co-owner and ownership percentage, examine encumbrances and inheritance issues, verify that the land is eligible for foreign acquisition, analyze statutory pre-emption exposure and prepare a strategy for acquiring the remaining shares before completing the first purchase.

Legal Support for Foreign Investors Acquiring Co-Owned Land

Foreign investors can face significant legal and financial risks when purchasing land owned by several co-owners and attempting to consolidate every ownership share. The transaction may involve statutory pre-emption rights, inheritance issues, title restrictions, reluctant co-owners, partition proceedings, auctions and foreign real-estate acquisition restrictions.

Fırat Fesih Kaya Law Office assists foreign investors with co-owned land acquisitions, share-purchase strategies, land-registry due diligence, statutory pre-emption disputes, ownership consolidation, partition proceedings and real-estate investment disputes. Lawyer Fırat Fesih Kaya can examine the complete ownership structure before the first acquisition and develop a legal strategy for acquiring the remaining shares while reducing the risk of incomplete ownership or subsequent litigation.

Phone: +90 312 434 22 22

WhatsApp: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr