Who is a Real Estate Lawyer According to Turkish Law?

Who is a Real Estate Lawyer According to Turkish Law.

Real estate law is one of the most dynamic and complex legal fields in Turkey. Whether dealing with property disputes, title deed cancellations, or international transactions, the role of a real estate lawyer is indispensable. Understanding the legal framework, processes, and litigation options is essential for property owners, buyers, investors, and foreigners seeking Turkish citizenship through property investment.

What is Real Estate Law?

Real estate law refers to the legal rules governing the acquisition, use, and disposition of real property. In Turkey, this includes zoning regulations, ownership rights, construction permits, and legal protection of property ownership under the Turkish Civil Code, Zoning Law, and Condominium Law.

Scope of Real Estate Law in Turkey

Turkish real estate law regulates the transfer of property, rental agreements, rights in rem, mortgages, and expropriation. It also covers disputes arising from inheritance, easement rights, and title deed inaccuracies.

Citizenship Application in Case of Real Estate Acquisition for Foreigners

Foreigners who purchase property worth at least $400,000 USD may apply for Turkish citizenship through investment. A real estate lawyer plays a crucial role in preparing legal documents, conducting due diligence, and ensuring that the purchase meets all legal conditions for a valid citizenship application in case of real estate acquisition for foreigners.

What is Property Consultation?

Property consultation involves the legal review of a property before purchase or sale. A real estate lawyer evaluates the title deed, zoning compliance, legal restrictions, existing encumbrances, and possible litigation risks. This service helps clients make informed and secure investments in Turkey.

What are the Duties of a Real Estate Lawyer?

The duties of a real estate lawyer include:

• Title deed verification and correction
• Preparing and reviewing property sale contracts
• Handling inheritance-related property transfers
• Representing clients in real estate litigation
• Advising on foreign ownership regulations
• Assisting in condominium establishment and disputes

Who Does a Real Estate or Real Estate Lawyer Represent?

A real estate lawyer may represent:

• Property buyers and sellers
• Real estate investors
• Foreigners applying for citizenship
• Heirs in property disputes
• Construction firms and developers

What Types of Cases Does a Real Estate Lawyer Deal with?

Real estate lawyers handle various cases, including:

• Title deed cancellation and registration cases
• Inheritance disputes
• Expropriation lawsuits
• Izale-i Şuyu (dissolution of partnership) cases
• Condominium ownership disputes

Title Deed Cancellation and Registration Cases

These cases arise when the legal ownership record in the title deed is found to be erroneous, fraudulent, or improperly registered. Title deed cancellation and registration cases ensure that rightful ownership is restored in accordance with Turkish law.

Why Are Title Deed Cancellation and Registration Cases Filed?

These lawsuits are commonly filed due to inheritance issues, family residence rights, abuse of power of attorney, or transactions based on invalid legal licenses.

Title Deed Cancellation and Registration Cases Based on Inheritance Taksim Agreement

When legal heirs dispute the division of inherited property, they may seek title deed correction based on the inheritance taksim agreement. A real estate lawyer ensures the agreement is legally enforceable and properly registered.

Abuse of Power of Attorney

If a person misuses a granted power of attorney to unlawfully transfer property, abuse of power of attorney becomes the basis for a title deed cancellation case.

Cancellation and Registration of Title Deed Due to Legal License

In cases where a property was sold or constructed based on a license later revoked or deemed unlawful, a cancellation and registration of title deed due to legal license may be initiated.

Cancellation of Deed Based on Family Residence and Registration

Turkish law protects family residences. If a spouse sells or transfers the home without consent, a cancellation of deed based on family residence and registration lawsuit can be filed to restore joint ownership.

Prevention (Prevention) Lawsuits

Prevention lawsuits are filed to stop a third party from unlawfully interfering with the property, such as unauthorized use, illegal construction, or encroachment. These suits are essential in preserving property rights.

Expropriation Lawsuits

Expropriation lawsuits are filed when the state or a public institution acquires private land for public use without following due legal procedure or without paying adequate compensation. These lawsuits aim to protect the property rights of citizens.

Expropriation Transactions Without Expropriation

When a public authority uses private property without formally expropriating it, it constitutes expropriation transactions without expropriation. A lawsuit can be filed for compensation or restoration of ownership.

Priority Right for Agricultural Land

Under Turkish law, co-owners of agricultural land have a priority right to purchase shares sold to third parties. Real estate lawyers ensure the proper use of this right through timely legal action.

Cases for Dissolution of Partnership (Izale-İ Şuyu Case)

When a property is jointly owned by multiple parties, any partner may file an Izale-i Şuyu case (dissolution of partnership) to terminate joint ownership. The court may order partition or sale via auction.

Real Estate Transactions

Real estate transactions include the sale, lease, donation, or mortgage of real property. A real estate lawyer ensures these transactions are legally valid, free of encumbrances, and properly recorded in the title registry.

Various Lawsuits Regarding Condominium Ownership Law

Condominium ownership law in Turkey regulates the establishment, management, and sale of individual apartment units within a building. Disputes may arise over common areas, management decisions, or unpaid dues, which require legal resolution through court.

If You Are Looking For A Lawyer For Real Estate Law!

If you are looking for a lawyer for real estate law, it is important to choose one with extensive knowledge of the Turkish Civil Code, experience in property litigation, and familiarity with the legal rights of foreigners. Especially in cross-border property transactions or citizenship applications, professional legal assistance is critical.

Important Points to Remember

• Always verify property ownership and zoning status before purchase.
• Title deed errors or inheritance claims can complicate ownership.
• Legal aid is crucial in expropriation or partnership disputes.
• Foreigners must comply with legal thresholds and procedures for citizenship via real estate.
• Legal consultation can prevent irreversible financial and legal risks.

Conclusion

Whether you are a Turkish citizen, a foreign investor, or an heir to property, understanding your rights and obligations under Turkish real estate law is essential. A real estate lawyer not only facilitates transactions but also protects your legal interests in complex litigation and disputes. From title deed cancellation to condominium ownership law, their role is central to navigating the Turkish property market with confidence.