When a co-owner of a shared (jointly owned) title deed wants to sell their share to an outsider, the other co-owners have a priority in that sale. The legal concept that secures this priority is the right of pre-emption (şufa). This article explains this crucial right for both buyers and sellers in shared-title transactions.
What Is the Right of Pre-emption?
The right of pre-emption gives the other co-owners the power to purchase, on the same terms, a share that one co-owner sells to a third party. Its purpose is to prevent an unwanted outsider from entering the ownership and to protect the integrity of the property. This right arises only when a share is sold to a third party — not in transfers between co-owners or in gifts.
Statutory vs. Contractual Pre-emption
There are two types. The statutory right of pre-emption is granted by law to all co-owners by the very nature of shared ownership and needs no separate contract. The contractual right of pre-emption is created by agreement and, once annotated on the title deed, can be asserted against third parties too. Statutory pre-emption belongs only to co-owners, while contractual pre-emption can also be granted to non-owners.
How Is It Exercised?
The right is exercised by filing a lawsuit after the sale takes place. The co-owner wishing to use the right files a pre-emption case against the third-party buyer and requests transfer of the share by paying the sale price and costs. By court decision, the share passes to the pre-emption holder on the same terms. This is why the sale price should reflect the true value on the deed.
Time Limits
Exercising the right is bound by deadlines. The lawsuit must be filed within three months of the sale being notified to the co-owner through a notary, and in any case within two years of the sale. These are forfeiture periods; if missed, the right lapses. Both the seller and the rights-holder must track them carefully.
What to Watch for When Buying a Shared Plot
When buying a shared plot or property, remember that other co-owners may exercise their pre-emption right. Before buying, review the deed record and ownership structure, obtain a waiver of pre-emption from other co-owners if possible, and show the correct sale price on the deed. Otherwise you risk losing the share you paid for through a pre-emption lawsuit. Always seek expert support for a safe transaction.
For accurate guidance and safe transactions in shared titles and pre-emption, Armet Emlak & Harita is here: (0242) 417 72 72 · armetinsaatemlakharita.com