Source Freshness Review — Power of Attorney Authority
A power of attorney that was valid when signed is not automatically reliable evidence on the day of a property sale. A source-freshness review asks whether the instrument that will actually be used is still operative, whether it covers the precise transaction, whether the principal and agent match the land-registry identities, and whether any later event has ended or restricted the authority. The Turkish Land Registry Regulation makes identification of the right holder and representative part of the transaction review and requires a power of attorney that is valid for the requested act when an application is made through an agent.
Work from the instrument that will actually be presented
Do not treat an old email scan, an undated translation, or a copy detached from its notarial context as the current source. Record the date, number, issuing authority, principal, agent and document form. Note whether the file is the original, a certified copy, or an instrument previously scanned into TAKBİS. TKGM explains that a power of attorney already used by one land-registry office may be usable at another office when it has been uploaded with the required electronic signature and timestamp and can be verified in the system. That procedural convenience does not remove the need to review the authority itself.
Read the authority clause by clause
The instrument must authorize the act being requested. A broad management clause should not be assumed to include every disposal. For a sale, examine authority to sell and transfer title, sign the official documents, make declarations required for the transaction and, where relevant, receive or acknowledge payment. If the acting agent appointed a substitute, the Land Registry Regulation requires the underlying power of attorney that contains the right of substitution to be considered as well. A mismatch between written authority and the planned action is an unresolved legal issue, not a drafting detail.
Check whether the authority continues
TKGM states in its official FAQ that the mere passage of ten years does not by itself invalidate a power of attorney when no legal termination event has occurred. On the other hand, authority may end through revocation, resignation, death, loss of capacity, bankruptcy or expiry of an agreed term, depending on the relationship and applicable rules. Freshness is therefore not measured only by the age printed on the paper. The reviewer must identify whether a later event has displaced the earlier authority and obtain a current revocation or status check where the risk is material.
Treat foreign powers of attorney as a separate verification path
Powers of attorney executed outside Türkiye require attention to form, authentication, apostille or consular requirements where applicable, translation and the current TKGM guidance. TKGM publishes a dedicated guide for foreign powers of attorney. A December 2025 TKGM instruction also notes that originals of foreign powers of attorney continue to be retained in land-registry archives because those instruments cannot be checked through Turkish Notaries Union systems in the same way as domestic instruments. This is a strong reason not to rely on an old country-by-country checklist without rechecking the official rules.
Reconcile identity to the land register
Match the principal named in the power of attorney to the registered owner, then match the agent to the person who will sign or attend. Differences in name order, citizenship, identity number, transliteration, birth data or document number must be explained by reliable evidence before the file is closed. The objective is not to show that a similar name exists; it is to establish that the principal is the same right holder and that the acting person is the authorized agent.
Define refresh triggers
Refresh the review before a non-refundable deposit when the transaction depends on an agent, after any change in principal, agent, capacity or instrument, and close to title transfer when significant time has passed. If a newer power of attorney, a revocation, or a conflicting copy appears, do not blend versions. Reopen the analysis, determine which instrument governs and document the result.
Closing standard
The source is sufficiently fresh when the file contains a verifiable current instrument, authority that clearly covers the intended sale, consistent identities, no unresolved termination or revocation issue, and compliance with foreign-instrument requirements when relevant. Record the check date, official source and exact document version so another reviewer can reproduce the conclusion.
Official sources
- TKGM — Tapu Sicili Tüzüğü, articles 18 and 19.
- TKGM — FAQ on termination and revocation of powers of attorney.
- TKGM — Guide for powers of attorney executed abroad.
- TKGM — 08.12.2025 instruction on foreign powers of attorney.