Advice on title-deed cancellation, condominium ownership, partition of joint ownership, expropriation, zoning and construction-contract disputes.
Real estate assets are important assets of high economic value whose legal consequences can persist for many years. Legal errors made during the purchase and sale of immovable property, land registry transactions, lease relationships, joint ownership, construction activities and zoning applications can lead to significant loss of rights and financial loss.
Real Estate Law is a broad area of law covering the ownership, use, transfer and lease of immovable property, mortgages and other rights in rem, condominium ownership, partition of joint ownership, title-deed disputes, construction and land relationships, and other legal disputes arising from real estate.
Our firm provides legal consultancy and attorney services in the field of real estate law, particularly with respect to real estate purchase and sale transactions, title-deed cancellation and registration actions, ownership of immovable property, lease disputes, eviction cases, partition of joint ownership, condominium ownership and easement of construction, land-share disputes, construction and real estate development projects, contractor–landowner disputes, zoning and expropriation procedures, mortgages and other rights in rem, and commercial disputes arising from real estate.
Our fundamental approach in real estate transactions is, as far as possible, to identify legal risks and take preventive legal measures against loss of rights before the transaction takes place, rather than seeking a solution only after a dispute has arisen.
Real Estate Law, also known as Immovable Property Law, is the area of law that governs ownership and other rights in rem over immovable property, as well as the use, transfer and lease of immovable property and the legal relationships arising from it. The principal matters within the scope of real estate law include land registry and cadastral procedures, the purchase and sale of immovable property, title-deed cancellation and registration, lease relationships, eviction, condominium ownership, easement of construction, partition of joint ownership, land-share disputes, construction contracts, mortgages, zoning disputes, expropriation, compensation for unjust use (ecrimisil), prevention of unlawful interference (elatmanın önlenmesi), and real estate development.
Because real estate purchase and sale transactions involve significant economic value, they may require legal review before the transaction takes place. Before purchasing a property, it is important to examine matters such as the title-deed record, any mortgages, seizures, easements, annotations and declarations affecting the property, its zoning status, condominium ownership or easement of construction, the legal status of the building, and the actual use of the property. The title-deed record is one of the primary sources for determining the legal status of a property; title-deed review may assess the owner, share ratios, mortgages, seizures, easements, usufruct rights, annotations, declarations, the family-residence annotation, and other rights in rem and personal rights.
Where it is claimed that the title-deed record does not reflect the true legal situation, or that it was created unlawfully, an action for cancellation and registration of the title deed may arise depending on the circumstances of the case; in this context, various legal grounds may emerge, such as inheritance, power of attorney, fiduciary transactions, fraud, sham transactions, cadastral matters, contract, family law, and ownership disputes. In every title-deed cancellation and registration action, it is important that the legal ground be correctly identified and that the property's title-deed records be examined in detail. In disputes relating to the boundaries, surface area, ownership or title-deed record of a property, evidence such as title-deed records, cadastral minutes, historical title-deed records, maps, technical measurements, and expert reports may need to be assessed. Disputes as to who owns a property, or as to the scope of the ownership right over a property, may also arise from various legal grounds such as the title deed, inheritance, sale, gift, sham transactions, the statute of limitations, or cadastral matters.
It is important that residential and commercial lease agreements be drafted in a way that protects the rights of the parties; lease agreements must clearly address matters such as the rent, rent increases, the deposit, the intended use, dues and expenses, maintenance and repair, sublease, assignment, termination, and eviction. In long-term lease relationships, changing economic conditions may give rise to the need to redetermine the rent or adapt the contract; an action to determine the rent may also be filed to redetermine the rent according to statutory or contractual conditions. Disputes concerning the eviction of leased property may arise from various legal grounds, such as non-payment of rent, eviction due to need, reconstruction or redevelopment of the property, breach of the lease by the tenant, an eviction undertaking, two justified warnings, or expiry of the lease term; it is of great importance that the statutory time limits and procedural requirements be correctly observed during the eviction process. With respect to unpaid rent, legal remedies such as formal notice, enforcement proceedings, proceedings seeking eviction, or an action for the debt may arise.
In apartment and residential-complex living, disputes concerning ownership of individual units and the use of common areas may be assessed within the scope of Condominium Ownership Law; in this regard, individual units, common areas, land shares, the management plan, the board of unit owners, dues, the manager, and shared expenses are important. Resolutions adopted by the board of unit owners must comply with the law and the management plan; where it is claimed that a resolution is unlawful, annulment of the resolution or other legal remedies may arise depending on the circumstances of the case. Disputes may arise in apartment and residential-complex management with respect to dues, shared expenses, the management plan, the manager's authority, the use of common areas, and management resolutions; the rights and obligations relating to the use of the roof, parking area, garden, shelter, elevator, and other common areas are assessed according to the specific circumstances and the management plan. Where unit owners fail to fulfill their obligation to contribute to shared expenses, enforcement proceedings or other legal remedies may be pursued to collect the amount owed.
Where a property belongs to more than one person and the co-owners wish to end their joint ownership of it, partition may arise; depending on the circumstances of the case, methods such as division in kind or termination of the joint ownership through sale may be assessed. Where a property belongs to more than one person, disputes may also arise regarding the co-owners' use and management of the property and their rights over it; in such disputes, the share ratios, the manner of use, and the parties' agreements are assessed. Joint ownership (elbirliği mülkiyeti, ownership in common typically arising from inheritance) may arise in particular with respect to property acquired through inheritance; legal advice may be required in processes such as terminating the joint ownership or converting it into co-ownership by shares.
Land-share-for-construction agreements (arsa payı karşılığı inşaat sözleşmesi) entered into between a landowner and a contractor can give rise to high-value, long-term legal relationships; it is important that such agreements set out in detail matters such as the nature of the construction, the allocation of the individual units, the delivery date, technical requirements, delay, penalty clauses, defects, security, termination, and title-deed transfers. In construction projects, disputes may arise such as delays in construction, incomplete or defective workmanship, deviation from the project, allocation of units, transfer of title deeds, penalty clauses, or termination of the contract. In construction projects, it is important that the relationships between the landowner, the contractor, subcontractors, suppliers and other parties be clearly set out in contracts; the contracts may determine the parties' responsibilities, delivery periods, technical requirements, the payment schedule, and the provisions applicable in the event of delay. Where the delivered structure does not conform to the contract, the project, or technical requirements, claims of defect or incomplete performance may arise; in such disputes, the project, technical specifications, contract, delivery records, and expert examinations are assessed together. Purchasing a property that has not yet been completed in a housing project may produce specific legal consequences under consumer and real estate law; in such transactions, it is important to review the contract, the delivery date, the payment schedule, the security provided, and the conditions for withdrawal/termination.
Disputes arising from the zoning status of properties may relate to matters such as zoning plans, plan amendments, building permits, occupancy permits, subdivision, and zoning applications; the lawfulness of zoning actions must also be assessed before the administrative courts, depending on the circumstances of the case. Where the statutory conditions are met, an action for annulment may also be filed with respect to zoning plans or plan amendments affecting the rights of property owners; in such actions, the plan's compliance with the law, urban planning principles, and the public interest is assessed. In expropriation proceedings aimed at transferring ownership of a property to the state for reasons of public interest, protecting the rights of property owners is important; matters that may arise during the expropriation process include the expropriation decision, compensation, settlement, title-deed transactions, and de facto expropriation (unlawful taking without formal expropriation). Where public authorities physically or legally interfere with privately owned property without carrying out the required expropriation procedures, legal claims may also arise, depending on the circumstances of the case, on the ground of de facto expropriation.
A mortgage may be established over a property as security for a loan or other debt; matters relating to the mortgage, such as its establishment, ranking, repayment of the debt, release of the mortgage, and transfer of the mortgaged property, may require legal review. Usufruct is one of the limited rights in rem that grants its holder the authority to benefit from and use a property under certain conditions; the title-deed record and the relevant legal provisions may be examined with respect to the establishment, exercise, and termination of a usufruct right. Where a property lacks a connection to a public road, or where a need for access arises, a right of way may come into play if the conditions are met. A right of superficies, which grants the right to erect a structure or facility on property belonging to another, or to use an existing structure under certain conditions, can be particularly important in real estate development projects.
Where a property is used unlawfully by a person who is not entitled to it, a claim for ecrimisil (compensation for unjust use) may arise, depending on the circumstances of the case; in ecrimisil disputes, matters such as the manner and duration of use, the economic value of the property, the unlawful use, and comparable rental values may be assessed. A claim for prevention of unlawful interference may also be brought, depending on the circumstances of the case, in order to put an end to an unlawful interference with a property owner's ownership right.
Before filing suit in a real estate dispute, it is important to correctly determine the nature of the dispute and the applicable legal remedy; depending on the nature of the dispute, various legal remedies may come into play, such as mediation, formal notice, enforcement proceedings, title-deed transactions, litigation, administrative applications, or administrative litigation. In real estate disputes in particular, special assessment is required with respect to preclusive time limits, the statute of limitations, and rules of subject-matter and territorial jurisdiction.
Before purchasing a property, assessing only the sale price may not be sufficient. Through title-deed review, the ownership, share status, mortgages, seizures, and annotations affecting the property are examined; through zoning review, the property's zoning status and construction conditions are assessed; with respect to the physical and legal status, the consistency between the property's actual condition and its title-deed and other official records may be examined; through contract review, the sale or preliminary sale agreement is assessed for legal risks; with respect to payment and security, the payment schedule and the parties' obligations are reviewed for legal assurance; and within the transfer process, advice is provided to ensure that the title-deed transfer and related procedures are carried out lawfully.
Particularly for high-value properties, reviewing the title deed, zoning status, mortgages, seizures, annotations, and other legal records before the purchase is important for preventing the loss of rights that may arise in the future.
The transfer of a mortgaged property may be possible under certain conditions. However, before purchasing the property, the scope of the mortgage, the status of the debt, and how the mortgage will be released must be assessed.
Where it is claimed that the title-deed record does not reflect the true legal situation, or that it was created unlawfully, a title-deed cancellation and registration action may arise, depending on the legal ground of the specific case.
It is an action filed to terminate a joint ownership relationship over a property. Depending on the circumstances of the case, the joint ownership may be terminated through division of the property in kind or through sale.
Grounds for eviction may vary depending on the nature of the lease relationship, the contract, and the applicable legal provisions. Various grounds may arise, such as non-payment of rent, need, reconstruction, or an eviction undertaking.
In land-share-for-construction agreements, it is important that matters such as the allocation of the individual units, the delivery period, technical requirements, delay, penalty clauses, security, title-deed transfers, and termination of the contract be set out in detail.
Depending on the provisions of the contract and the circumstances of the case, claims such as a penalty clause for delay, compensation, termination, or other legal remedies may arise.
Ecrimisil is a compensation for use that may be claimed, where the conditions are met, due to the unlawful use of a property by a person who is not entitled to it.
Depending on the type of dispute, mandatory mediation may be a precondition to filing suit. Mandatory mediation provisions may arise in particular in lease and certain other real estate disputes.
Because of their high economic value and long-term legal consequences, real estate assets may require detailed legal review before a transaction takes place. Before purchasing a property, reviewing the title-deed record, mortgages and seizures, annotations, zoning status, and the legal status of the property, and, for construction projects, setting out in detail the contracts and the rights and obligations of the parties, can help prevent disputes that may arise in the future. Our firm provides legal consultancy and attorney services in the areas of real estate purchase and sale transactions, land registry and cadastral disputes, title-deed cancellation and registration, lease and eviction, rent determination actions, condominium ownership, partition of joint ownership, ecrimisil, prevention of unlawful interference, land-share-for-construction agreements, contractor–landowner disputes, zoning law, expropriation, mortgages and other rights in rem, and commercial disputes arising from real estate.