Real Estate and Property Law

Real estate and property law covers the acquisition, protection and transfer of ownership and other rights in rem over immovable property, the land registry, co-ownership and joint ownership, condominium ownership and contracts relating to real estate. Since real estate is often the most valuable asset of individuals and businesses, structuring transactions correctly from the outset and pursuing disputes in a timely manner are of great importance.

Protection of ownership

• Actions against interference and recovery of possession: An owner may bring an action to recover property from anyone unlawfully holding it, as well as an action to prevent any unlawful interference (Turkish Civil Code Art. 683).
• Compensation for unauthorised use (ecrimisil): Claims for compensation where the property is used without the owner's permission
• Cancellation of title and registration: Where a right in rem has been registered, deleted or amended without legal basis, the person whose right is affected may sue for correction of the land registry; rights acquired by third parties in good faith are reserved (TCC Art. 1025). Actions based on simulated transactions by the deceased, abuse of a power of attorney and forgery fall within this scope.
• State liability: The State is liable for all damage arising from the keeping of the land registry; such actions are heard by the court where the land registry is located (TCC Art. 1007).

Co-ownership and joint ownership

• Statutory pre-emption right (şufa): Where a co-owner sells their share to a third party, the other co-owners may exercise a pre-emption right. Following the amendment by Law No. 7571, the right must be exercised within three months of notification of the sale and in any event within one year of the sale; the co-owner bringing the action must deposit the market value determined by the judge and the title deed costs within the final period granted (TCC Arts. 733-734).
• Partition (izale-i şuyu): Where co-owners cannot agree, termination of co-ownership by physical division or by sale. Applying to a mediator before filing suit is a precondition in these cases.
• Disputes concerning the management, use and expenses of co-owned property

Real estate contracts

Contracts aimed at transferring ownership of immovable property are valid only if executed in official form (TCC Art. 706). Sale and transfer agreements made in ordinary written form therefore carry serious risks. In this context:

• Promise-to-sell agreements and title transfer processes
• Drafting construction-in-exchange-for-flats agreements and disputes between contractors and landowners
• Legal due diligence before purchase (mortgages, attachments, annotations and declarations, zoning status)
• Establishing contractual pre-emption, purchase and repurchase rights and annotating them in the land registry

Condominium ownership and leases

• Disputes under Condominium Law No. 634: common expenses and service charge receivables, use of common areas, management plans and annulment of owners' assembly resolutions
• Rent determination, rent receivables and eviction actions
• Disputes arising from neighbour law

In lease, condominium, neighbour law and partition disputes, applying to a mediator before filing suit is mandatory (Law No. 6325 Art. 18/B).

Expropriation, zoning and urban regeneration

Actions for determination of expropriation compensation and de facto expropriation, zoning practices and the protection of owners' rights in urban regeneration processes also fall within this area.

Our firm provides services in drafting contracts, legal due diligence before real estate transactions, mediation and litigation in real estate and property law.

The information on this page is provided for general information purposes only and does not constitute legal advice.