When you buy an apartment and hold the title deed (tapu) in your hand, there is a small fraction most people skip right past: the land share (arsa payı). A plain expression like "8/240." Yet this little fraction determines how much of the land beneath your apartment belongs to you, what you will receive in an urban transformation, and where you will stand at the table when the building reaches the end of its life.
In this article I explain land share, the numerator and denominator on the deed, how it differs from a "share," and why it deserves as much attention as price. My aim is for you to know exactly what you are looking at on the deed when you stand in front of a property.
What Is Land Share?
At its simplest, land share is the portion of the land allocated to an independent unit (apartment, shop, office). Under Turkey's Condominium Law No. 634, land share is defined as the shares of common ownership of the property subject to condominium ownership, allocated to the independent units in line with the law.
The law sets a critical criterion here: land share is distributed in proportion to the value of the independent units, not their size. When determining value, factors such as the unit's location, floor and aspect are taken into account, and these shares are shown in the project. So even if two apartments in the same building are equal in square meters, if their values differ, their land shares should differ too.
Think of it this way: if the building were demolished tomorrow, what remains is the land. The number that tells you how much of that land is yours is the land share.
What Do the Numerator and Denominator Mean on the Deed?
Ownership on the deed is usually shown as a fraction with two parts:
- Denominator: The bottom of the fraction. It shows how many parts the land is divided into in total — the whole common denominator.
- Numerator: The top of the fraction. This is the portion of that whole that belongs to you.
The denominator always represents the total share in the building; if you add up the shares of all independent units, you reach the denominator. That is why the question "is the land share low or high?" can only be answered by comparing it with the other units in the same building.
Share, Co-ownership and Joint Ownership
In everyday language "share" and "portion" are used interchangeably. In law, however, there are two basic forms of common ownership, and the difference matters:
Co-ownership (shared ownership)
Each co-owner holds a definite, abstract share. The owner knows this share and, as a rule, can transfer it or dispose of it separately. Land share in condominium ownership works on this co-ownership logic.
Joint ownership
Here there are no definite proportional shares; the owners hold the property together and as a whole. The most typical example is an undivided inheritance. In this type of ownership, disposal generally requires all owners to act together.
An important feature of land share is this: land share cannot be sold or transferred separately from the independent unit it is attached to. When you transfer the apartment, the land share passes to the buyer automatically. In other words, the land share is an inseparable part of your apartment.
How Is Land Share Determined?
The most common misconception I come across is the idea that "a larger apartment has a larger land share because it has more square meters." Since the law takes value rather than square meters as its basis, this is not always true.
Consider a top-floor apartment with a sea view and a wide aspect, versus a ground-floor apartment of the same size with no view. Even with equal square meters, their values differ; the land shares are therefore expected to reflect that difference in value. In practice, the shares are set by the party preparing the project and recorded on the deed accordingly.
Why Does Land Share Matter So Much?
Land share is not just a technical detail; it has concrete consequences:
- Urban transformation: In the renewal of risky buildings, decisions and the distribution of rights in the new project largely run through the owners' land shares. If your land share is low, your entitlement in the renewed building may also be smaller.
- Common expenses: Under the Condominium Law, unless otherwise agreed, owners contribute to the maintenance, protection and operating costs of the building in proportion to their land share. So a higher land share can also mean a higher contribution to certain expenses.
- Demolition and expropriation: When a building reaches the end of its life or expropriation is on the table, the proceeds are distributed according to land share.
One point often confused: voting rights in the building are not based on land share. As a rule, each independent unit has one vote in the owners' assembly; a larger land share does not grant more votes. By contrast, in processes such as urban transformation, what is decisive is not the number of votes but the majority of land share. These thresholds are set by legislation and can change from time to time, so it is worth confirming the current rules before any transaction.
Disproportionate Land Share and the Correction Action
Sometimes shares are not distributed in proportion to the real values of the independent units. The Condominium Law provides a remedy: if land shares have been set out of proportion to the values of the units, each owner or holder of a construction servitude can apply to the court to have the land share rearranged (corrected).
That is why, before buying a property, seeing the land share on the deed and comparing it with similar units within the same building helps prevent disputes down the line.
A Short Checklist for Buyers
- See the land share fraction on the title deed or the condominium / construction servitude document.
- Compare your share with those of similar apartments in the same building; is it proportional to value?
- Check whether the deed is a construction servitude or full condominium title.
- Review how common expenses are shared in the management plan.
- If in doubt, get an opinion from an expert or a lawyer before the transaction.
Frequently Asked Questions
Is land share the same as a share?
A "share" is a general concept describing your portion in joint ownership. Land share is a specific share allocated to each independent unit in proportion to its value. Every land share is a share, but not every share is a land share.
Does land share change over time?
A later rise or fall in the value of the apartment does not change the land share automatically. It only changes by agreement among the owners or through a correction action.
Can I sell the land share separately?
No. Land share cannot be sold or transferred separately from the independent unit; it changes hands together with the apartment.
Is a higher land share always an advantage?
In demolition, urban transformation or expropriation it usually is. However, where common expenses are shared in proportion to land share, a higher share can also mean a higher cost.
When buying a home, the land share on the deed is often as decisive as the price, yet it is the easiest item to overlook in the rush of a purchase. Let us review the title deed of the property you are considering together, and clarify whether the land share is proportional to value and what it means for you. If you would like me by your side at every step of the process, feel free to reach out.