Real Estate Law

Real Estate Law

It is a branch of law regulated in the section on Property Law in the 4th Book of the Civil Code numbered 4721 in general. The scope of “real estate ownership” is explained in Article 724 of the aforementioned law, which is based on real property ownership. According to the provision, the scope of real estate ownership is as follows.

Within the scope of the Real Estate Attorney service we offer;

• Land,
• Plot,
• Building,
• Workplace,
• Independent and permanent rights that are recorded on separate pages in the land registry,
• Independent sections registered in the condominium register are included.

There are also cases that are involved in this branch of law and fall within the service area of Istanbul Real Estate Attorney. These cases can be listed as follows.

• Deed Cancellation and Registration Cases
• Recovery of Property cases,
• Expropriation cases,
• Rent cases
• Adequate Pay cases
• Suit of Partition Cases (Elimination of Joint Ownership)

Real Estate Cases

Real estate cases within the scope of Real Estate Attorney and consultancy service are known to arise from real estate law. The subject of real estate law is the movables and immovables on which it is possible for institutions and individuals to establish property rights.

It is possible to say that the main subjects of real estate law, which cover most of the disputes arising due to the property law, are land, plot and independent sections. Real estate law cases and the details of these cases that arise depending on the mentioned items are as follows.

Deed Cancellation and Registration Cases

The immovable property has high values. This made it necessary to register the immovables. As a result, the land registry is the place where immovable, rights on said immovable, rights holders and special cases related to all of them are registered. The land registry is kept by the state-owned land registry offices. Keeping the land registries by the state brought along the responsibility of the state for possible damages arising from the said immovables.

The main purpose of keeping the land registry is that they have a relatively higher value compared to other sources of property. As a result, it is required that the rights existing on the immovables and the owners of these rights must be determined in accordance with the truth. In cases where the information about the right or right holders in the land registry is not true or contains uncertainty completely or partially, certain opportunities are provided to the right holders. It is possible for people who think that there is a registered problem with their real estate, to put forward their claims through lawsuits and in this context, request the correction of information that is against the purpose.

Within the scope of our Real Estate Attorney service; after the person claims that there is false information about the immovable property and carries these claims to various courts; If it is determined that the records related to the immovable in the land registry are changed (amended), deleted (abandoned) or an unfair registration process has taken place on the said immovable without a justified and valid reason, it will be clear that the result of the land registry is inaccurate. In the event of such a situation, a deed cancellation case is filed within the scope of our Real Estate Attorney service.

Elimination of Joint Ownership Case

It is possible for more than one person to own the property right that exists on the items, as well as for one person to own it. In this context, it is possible to make a binary distinction between single-person property and jointly owned goods. However, considering our experience in Real Estate Attorney and consultancy, it would be correct to say that disputes arise in most of the cases with joint ownership. In order to resolve disputes that arise in cases where there is joint ownership of the goods, a case for the elimination of the partnership–that is suit of partition, a case for the elimination of joint ownership case is filed.

It is possible that the shareholders holding the title of owner of the real estate may not agree with each other due to an issue. In order to eliminate this non-Agreement situation and to realize the necessary exchange of goods in this context, the case for the elimination of joint ownership case should be filed. It is possible for each of the disputed partners to apply to open this case.

As a result of a case for eliminating the joint ownership filed at the request of each of the partners, there is a possibility that there will be two decisions in the form of sharing or selling the property. Considering our experience in Real Estate Attorney and consultancy, it is possible to say that the sale of the property is an exception and it only emerges as a necessity after the emergence of non-distribution. Upon the decision to sell the goods after not being distributed; the value obtained from the goods sold is shared in proportion to the shares.

A case for eliminating the joint ownership, which is the key to the transition to individual ownership, is a case against all joint owners of the real estate in question. The approval of all partners is not required for this case to be filed. It is possible for a single partner to sue suit of partition and request to end its joint owner status.

Although the approval of all stakeholders is not required in the process of opening the case, it is imperative that all partners participate in the case in which the elimination of the partnership is examined. If one of the stakeholders dies, all heirs named in the inheritance certificate must be included in the case. Within the scope of our Real Estate Attorney and Istanbul Real Estate Attorney services, it is useful to say that it is not possible to get results in cases where not all partners are involved.

Preliminary Sales and Flat For Land Agreement

Preliminary real estate sale and flat for land agreement, also known as a construction agreement in return for land share, is an agreement between the land owner or the landowners and the contractor. With this agreement the landowner transfers his rights/a certain share of the land to the contractor, and the contractor delivers a certain number of independent sections built on the land to the landowner in return for this share.

Preliminary sales agreement, which is the subject of the preliminary real estate sales agreement we are preparing within the scope of our Real Estate Attorney and Istanbul Real Estate Attorney service, is an agreement that ensures the rights are guaranteed with an agreement before the real estate sales transaction.

Possessory Actions (Action Negatoria)

The actio negatoria or possessory actions is a case aimed at removing the obstacles to the exercise of the property right of a property owner. In this case, it is known that the immovable property has been unfairly interfered with and as a result of this intervention, owner who prevents the use of the immovable property can apply for the purpose of eliminating these situations.

Real Estate Acquisition Requirements and Limitations for foreigners in Turkey

Just like Turkish citizens, foreigners also have the right to acquire real estate in Turkey. However, this right is subject to some restrictions. These restrictions can be stated as follows.

• Before the amendment to the current law, the size of a real estate that foreign citizens can acquire in our country was limited to 2.5 hectares, which is 25 thousand square meter. With the latest amendment, the size of immovable property that foreigners can acquire in our country has been increased to 30 hectares. Also this amount will be doubled upon the decision of the President.
• It is not possible for foreigners to purchase real estate in security zones or prohibited zones.
• It is possible for real persons of foreign nationality to claim limited and immovable real rights up to 10% of the area of the district subject to private property.

Regardless of whether Turkish or foreign, people who request Real Estate Attorney or Istanbul Real Estate Attorney service in the field of Real Estate Law can benefit from both our attorneyship and consultancy services in this context.

It is possible to request services by contacting us in cases such as when foreign real or legal persons have a problem with the real estate they have purchased or want to double the size of the property with the decision of the President.

For Turkish citizens, there are more than one service that can be counted within the scope of Real Estate Attorney and consultancy. In this context, people who want to make a real estate purchase and who want to secure this purchase before the title deed transaction; in this context, it is possible for people who want to buy an apartment in return for a flat and should give a share to the contractor for the right to use their land to request services from us. The form and name of the service provided varies depending on the subject of the attorneyship or consultancy service requested from us. It is possible to exemplify this as follows; if more than one person has rights to an existing real estate, it does not always need to cause a lengthy legal process for one of the people to request the elimination of joint ownership. After all of the partners agree and sign an agreement, we can ensure that the partnership is resolved in a short time and without any problems.