Real Estate Law
We provide professional legal support on a wide range of matters, including immovable property transferred by inheritance, mortgages, attachments or contracts of sale, zoning plans, land shares and disputes over common areas.
Real Estate Law Consultancy and Litigation Services: Your Legal Assurance
Real Estate Law is an integrated legal discipline that draws on various disciplines of Civil Law, such as Property Law, Contract Law, Planning Law, and Public Law, and regulates immovable property ownership, real rights, possession, land registry transactions, and contractual relationships related to immovable property. Given the complexity and economic value of legal processes in this field, the effective protection of our clients' property rights under constitutional guarantees necessitates professional and specialised legal advisory services.
Our office provides comprehensive legal support in all legal disputes and transactions concerning the real estate assets of individuals and legal entities, fully complying with current legislation and the established case law of the Supreme Court. Our services encompass risk analysis prior to the emergence of a dispute (preventive law), the amicable resolution of disputes (alternative dispute resolution) and, ultimately, litigation before the courts (contentious proceedings).
Legal Services Related to Property Rights
Real estate law is based on property rights, which are structured around ownership rights and limited property rights (easements, liens and encumbrances). In this context, the core services we offer are detailed below:
Protection of Property Rights and Registration Procedures
Disputes arising from breaches of property rights or irregular registration procedures are among our office's primary areas of expertise..
- Land Registry Cancellation and Registration Cases: In cases where ownership is transferred without legal grounds or as a result of fraudulent registration, meticulous monitoring of title deed cancellation and registration lawsuits filed in accordance with the relevant provisions of the Turkish Civil Code (TMK). In this context, lawsuits based on abuse of power of attorney, fraud, duress, fraudulent conveyance (cancellation of title deeds and registration due to fraudulent conveyance) and the exercise of pre-emption rights are pursued.
- Prohibition of Intervention and Damages Claims: Initiating and enforcing legal proceedings to prevent unlawful interference with immovable property (prohibition of interference) and to collect compensation for unlawful occupation (ecrimisil).
- Partition of Joint Ownership (İzale-i Şüyu) Cases: Management of processes aimed at terminating the partnership between shareholders in immovable property subject to joint ownership or co-ownership through sale or division in kind.
- Boundary and Area Disputes: Correction of boundary and area measurement errors in land registry records and resolution of cadastral disputes.
Limited Real Rights and Easements
Legal consultancy is provided in the processes of establishing, modifying and cancelling limited real rights established on immovable property.
- Registration of legal or contractual easements such as rights of way, water rights, and surface rights, and resolution of disputes relating to these rights.
- Management of the establishment and release processes of immovable property mortgages.
Real Estate Related Contracts and Debt Law
Contracts relating to the transfer and use of immovable property must be prepared in accordance with the formal requirements and substantive rules of the Law of Obligations.
Purchase and Sale, Construction in Return for Shares, and Preliminary Agreements
- Real Estate Sales Promise Agreements: Preparation and registration of real estate sale promise agreements drawn up before a notary public, and monitoring of legal proceedings in cases of breach of these agreements.
- Land Share in Return for Construction Contracts (Floor Share): Negotiating and drafting contracts that meticulously establish the balance of rights and obligations between the contractor and the landowner; representing clients in litigation concerning contract termination, penalty clauses, and title deeds.
- Legal Due Diligence: Prior to large-scale real estate projects, a detailed legal review of the property's legal status, zoning status, annotations and declarations in the land registry records, and potential risks.
Tenancy Law Disputes
Resolution of disputes between tenants and landlords within the framework of the special provisions of the Turkish Code of Obligations (TBK) concerning residential and commercial property leases.
- Preparation of rental agreements in accordance with the Turkish Code of Obligations and revision in light of current Supreme Court rulings.
- Determination of rent and adjustment lawsuits.
- Eviction proceedings (eviction due to necessity, commitment, default and two justified warnings).
- Enforcement proceedings for the collection of rent receivables and lawsuits for the removal/cancellation of objections.
Services Related to Planning and Administrative Law
The Planning Act and related regulations play a significant role in the processes of property development and utilisation.
- Disputes Regarding Development Plans: Initiating annulment proceedings in administrative courts on the grounds that zoning plans (master zoning plans, detailed zoning plans) are unlawful.
- Licensing and Permit Procedures: Monitoring administrative applications relating to building permits and building occupancy permits (occupancy) and full-judgment lawsuits to be filed due to unlawful actions by the administration.
- Urban Transformation Law (Law No. 6306): Legal consultancy on the identification of hazardous structures, evacuation, appeals against demolition decisions, and settlement processes in hazardous areas.
Expropriation and Administrative Seizure Cases
The protection of client rights is fundamental in processes where immovable property subject to private ownership is seized by the administration for public benefit (Expropriation Law).
- Determination of expropriation compensation and registration lawsuits.
- Compensation claims due to expropriation without compensation.
- Cases for the annulment of expropriation decisions.
The services offered in the field of Real Estate Law are not limited to resolving existing disputes, but also aim to maximise our clients' property security by anticipating potential legal risks. From legal risk analysis to specialised litigation and enforcement proceedings, we provide legal representation at every stage with full mastery of the legislation and judicial practices.
You can contact us to receive professional support from our team, which acts in accordance with the principles of transparency, reliability and expertise in all legal proceedings relating to your immovable property.
