New era for power of attorney transactions in land registry

The 'Individual Power of Attorney Inquiry' application, developed by the Turkish Notaries Union and integrated into the e-Devlet system, has been officially opened for use. Powers of attorney issued through notaries or consulates can now be viewed directly by citizens via e-Devlet. With this innovation, revocations of power of attorney, which are of great importance especially in land registry transactions, can also be carried out via WebTapu. The main purpose of the application is to increase security in transactions carried out with power of attorney in the land registry, ensure transparency, and establish a standard operation across the country.

NEW ERA IN THE SYSTEM: FASTER AND MORE SECURE OPERATION

Altın Emlak Global Chairman of the Board Mustafa Hakan Özelmacıklı noted the following in his assessment of the regulation:

"Transactions by power of attorney are among the most common types of transactions in the real estate sector. Therefore, the ability to track power of attorney via e-Devlet and the fact that revocation processes become instantly visible in all land registry offices is a very important step that protects both property owners and the parties to the transaction. The automatic entry of revocations made via WebTapu or in person at the land registry office into the registry will largely prevent fraud attempts and loss of rights."

NEW RULES FOR REVOCATION REQUESTS

Özelmacıklı stated that according to the published circular, revocation requests sent via fax, e-mail, or post are no longer accepted in order to ensure secure identity verification. He used the following expressions:

"Citizens will be able to access the information regarding the power of attorney they have granted at notaries and consulates through the 'Individual Power of Attorney Inquiry' service provided by the Turkish Notaries Union in the services offered via the e-Devlet portal, and will be able to carry out the revocation process by switching to the WebTapu system from this channel. For powers of attorney issued before January 1, 2023, both the physical revocation registry and electronic records will be checked. For powers of attorney issued after this date, transactions will be carried out based solely on electronic checks."

THE IMPORTANCE OF REVOCATION IN REAL ESTATE TRANSACTIONS

Touching upon the legal nature of the concept of revocation, Özelmacıklı made the following explanations:

"Revocation means that the person granting the power of attorney terminates the representation authority previously granted to their proxy through a unilateral declaration of will. In other words, a person can withdraw the authority of the proxy they have authorized to act on their behalf without having to show any reason and without needing the approval of the other party. The revocation process is a 'right that creates a disruptive innovation' that terminates the power of attorney relationship prospectively."

VISIBILITY FROM A SINGLE CENTER WITH THE TURKEY REVOCATION SYSTEM

Pointing to the importance of the application, Özelmacıklı continued his words as follows:

“Revocation cannot be asserted against third parties who do not know that the proxy has been revoked and who act in good faith. For this reason, especially in real estate transactions, it is not enough to notify only the proxy of the revocation; the situation must be conveyed to the land registry offices and recorded in the revocation registry. Thus, the termination of the proxy's authority becomes visible to all land registry units, and transaction security is ensured, preventing potential loss of rights. In order to ensure uniformity in the revocation registry, the Turkey Revocation System has been put into practice, and with this system, it has been ensured that revocations entered into the revocation registry via WebTapu or any land registry office are seen and queried by all land registry offices.’’

News Source: İHA