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Real Estate Law

Disputes concerning real property ownership, use, leases, development and land registry records.

ABOUT THIS FIELD

Real estate law covers the acquisition, transfer, limits and protection of ownership, together with relationships arising from leases, zoning, construction and limited rights in rem. Land registry records, possession, co-ownership and public interventions are examined from both private-law and administrative-law perspectives.

The land registry record, contracts, actual use, zoning documents and other records relied upon by the parties determine the legal character of the dispute. Depending on the nature of the claim, the court or relevant authority examines the ownership record, possession, development status and measures taken by public authorities.

PROCESS AND TIME LIMITS

Cancellation and registration in the land registry

Where a land registry entry does not reflect the true legal position, an action for cancellation and registration is brought. Unlawful registration, simulation, lack of capacity or abuse of a power of attorney are common grounds. Actions concerning rights in rem over immovable property are heard by the court where the property is located (Code of Civil Procedure, Art. 12).

Tenancy disputes

In disputes arising from a tenancy, recourse to mediation is, as a rule, mandatory before bringing an action. For tenancies of more than five years, the rent for the new period may be set equitably by the judge with reference to comparable rents (Turkish Code of Obligations, Art. 344).

Trespass and occupancy compensation

In the event of unlawful interference with immovable property, the owner may request an end to the interference, the removal of buildings or plantings and occupancy compensation for the period of unlawful use. In practice, occupancy compensation is limited to the five years preceding the action.

Expropriation

In actions to determine expropriation compensation and in cases of de facto expropriation without a formal procedure, compensation is set by expert examination taking into account the nature of the property and comparable sales. An action to annul the expropriation itself is brought before the administrative courts.

FREQUENTLY ASKED QUESTIONS

Is a sale of real property made outside the land registry valid?

A sale of real property is not valid unless made in official form. Promises to sell, repurchase agreements and purchase-option agreements concerning real property are also subject to official form; written form is sufficient for a pre-emption agreement (Code of Obligations, Art. 237; Turkish Civil Code, Art. 706).

On what grounds can a landlord seek eviction?

A landlord may seek eviction on grounds of the need for housing or business premises for himself or close relatives, or the need for major repairs or reconstruction (Code of Obligations, Art. 350), or of the tenant's written undertaking to vacate or two justified warnings for unpaid rent within one rental year (Art. 352). At the end of the ten-year extension period, notice of termination may also be given without stating reasons (Art. 347).

How does an action to end co-ownership conclude?

Each co-owner may request division of the property. If no agreement is reached, the judge orders division in kind or, if that is not appropriate, sale by public auction and distribution of the proceeds (Turkish Civil Code, Arts. 698 and 699). Applying to a mediator before bringing the case is mandatory (Mediation Law No. 6325, Art. 18/B).

How are common charges in an apartment building shared?

Unless they agree otherwise, flat owners share the costs of the caretaker, heating operator, gardener and watchman equally, and contribute to insurance, maintenance and repair of common areas, the manager's salary and similar costs in proportion to their land share (Condominium Law No. 634, Art. 20). Mediation is also mandatory before bringing condominium disputes to court.

How much can the rent be increased?

In renewed rental periods, the parties' agreement on the rent is valid as long as it does not exceed the change in the twelve-month average of the consumer price index for the previous rental year; this rule also applies to contracts longer than one year (Code of Obligations, Art. 344).

Where must an action for rectification of title be brought?

In actions concerning rights in rem over real property, or that may change who holds such rights, the court of the place where the property is located has exclusive jurisdiction (Code of Civil Procedure, Art. 12/1). The action is therefore brought where the property is located, whatever the parties' places of residence.

DOCUMENTS

The following documents are usually used when a file in this field is reviewed:

  • Title deed and encumbrance record
  • Lease, notices and payment receipts
  • Zoning status certificate, plot plan and survey sketch
  • Condominium management plan and decisions of the owners' assembly
  • Sale agreement or promise to sell
  • Photographs and inspection records showing the actual condition of the property
SCOPE

Principal areas of work

  1. 01

    Cancellation and registration of title deeds, unlawful registration and record-correction proceedings

  2. 02

    Prevention of interference, compensation for unlawful occupation and demolition proceedings

  3. 03

    Dissolution of co-ownership and pre-emption claims

  4. 04

    Rent determination, adjustment, eviction and rental receivables disputes

  5. 05

    Preliminary real estate sale agreements and construction-for-land-share agreements

  6. 06

    Limited rights in rem, including mortgages, usufruct, building rights and rights of way

  7. 07

    Expropriation, de facto expropriation and disputes arising from zoning measures

  8. 08

    Legal due diligence and land registry review for real estate transactions