If you are looking for a real estate lawyer in Istanbul, you are in the right place. Fidelis Law and Consulting Office operates in Istanbul, providing legal and consulting services at every stage of its clients' real estate-related transactions as a real estate lawyer. Our Istanbul Real Estate Law Attorneys handle cases related to cancellation and registration of deeds, real estate donations, purchases, sales, and rentals for both locals and foreigners, as well as establishing real and personal rights on properties.
What is Real Estate Law?
Real estate refers to properties such as land, plots, and buildings that can be developed and converted into cash. The foundations of this law are regulated in the Turkish Civil Code No. 4721. In addition to the Civil Code, other laws such as the Land Protection Law and the Zoning Law contain specific regulations related to real estate law. To avoid losses of rights in all real estate transactions or to pursue claims, it is beneficial to complete your process with a specialized Istanbul Real Estate Lawyer and seek legal advice. The services provided by a real estate lawyer include:
- Drafting sales contracts
- Facilitating foreign real estate acquisitions and related citizenship applications
- Handling corrections of title deeds
- Lawsuits for partition of property (Izale-i Şuyu)
- Expropriation lawsuits
- Property acquisition, sale, and registration processes
- Preparing lease agreements
- Tenant eviction proceedings
- Lawsuits for cancellation and registration of deeds
- Resolving disputes among co-owners in shared ownership
- Facilitating foreign property acquisition processes and residence permit applications
Real Estate Lawyer and Real Estate Lawsuits
The cases handled by an Istanbul Real Estate Lawyer consist of legal actions required to resolve various disputes related to properties. A real estate lawyer is responsible for representing parties in disputes over properties and following the lawsuit process. Remember that the best way to secure your legal rights is to work with a good real estate lawyer. Real estate lawsuits can arise from many reasons. We provide professional services as an Istanbul Real Estate Lawyer in the following types of lawsuits:
- Lawsuit for partition of property (Izale-i Şuyu)
- Deed Cancellation and Registration Case
- Recovery of rental claims and tenant eviction
- Establishing and lifting mortgages
- Interference prevention lawsuits (Lawsuit for preventing encroachment)
- Ecrimisil lawsuits (Compensation for unlawful occupation)
- Action for Cancellation of Disposition
- Eviction lawsuits for leased properties
- Lawsuits related to defective properties
Defective Real Estate Lawsuits
Legally, a defect means that the promised aspects of a service or transaction are not fully realized. There may be one or multiple defects. The existence of a defect grants the aggrieved party certain optional rights. Defects can arise in any type of service or transaction; however, the important aspect here is the defects that occur in real estate.
Properties are constructed within specific projects. The most common defects in real estate are as follows:
- Defects arising from non-compliance with zoning plans
- Defects due to the materials used
- Defects related to infrastructure and superstructure issues
Consumers encountering such situations should promptly pursue their rights, which is undoubtedly the most reasonable course of action regarding the resolution of the defect. The rights of a consumer facing a defective property are as follows:
- The right to terminate the contract that includes the return of the price paid, provided they can prove the amount
- The right to return the defective property and receive a substitute property of the same quality without defects
- The right to request free repairs for the defects without any charge
- The right to claim a reduction in the sale price proportional to the defect and request a refund
As seen, the aggrieved consumer has optional rights in problems arising from defects. However, it is crucial to note that the most important aspect in cases of defects is to report the defect. Therefore, consulting a Real Estate Lawyer promptly upon detection of a defect will help prevent loss of rights. Our Istanbul Real Estate Lawyer team is at your service with effective and swift solutions regarding your defective properties.
Real Estate Acquisition Processes for Foreigners
Turkey has become a prime destination for foreign real estate investments due to its developing construction sector and urban transformation processes. With investments starting from $250,000, Turkey grants citizenship rights to foreigners. Furthermore, foreigners purchasing real estate are granted residence permits, regardless of the amount. The most crucial aspect of foreign property acquisition processes is to design everything based on legal grounds. Foreigners who work with a real estate lawyer find their property acquisition processes to be more efficient, preventing issues and loss of rights related to residence permits, taxes, contracts, and citizenship applications. Our Istanbul Real Estate Lawyer team provides the following services in the acquisition processes for foreigners:
- Drafting sales contracts
- Opening bank accounts
- Managing legal compliance for money transfer processes
- Carrying out deed registration processes
- Submitting necessary declarations to the municipality and managing tax processes
- Drafting lease agreements
Lawsuits for Cancellation and Registration of Deeds
Lawsuits for cancellation and registration of deeds aim to correct title deeds created in a legally improper or irregular manner. Legal violations can arise for many reasons. Additionally, a person whose property rights have been violated has the right to eliminate the violation through a cancellation and registration lawsuit. Working with a Real Estate Lawyer in these lawsuits is of great importance to avoid loss of rights.
Lawsuits for Cancellation and Registration of Deeds
Lawsuits for cancellation and registration of deeds can be initiated for various reasons. These lawsuits seek the annulment of real estate transactions. They should be filed in cases of objections to expropriation or inheritance distribution or when a deed provided through a cadastral process is contested. By working with an expert Real Estate Lawyer in all these types of lawsuits, you can prevent loss of rights. Lawsuits for cancellation and registration of deeds can be categorized as follows:
- Lawsuit for cancellation of deeds related to expropriation
- Lawsuit for cancellation of deeds arising from inheritance law
- Lawsuit for cancellation of deeds based on the right of pre-emption
- Lawsuit for the cancellation and registration of deeds issued through cadastral processes
Title Deed Cancellation and Registration Cases Resulting from Inheritance Distribution Agreement
After the death of the deceased, heirs can sometimes come together to agree on how the inherited properties will be divided and put this agreement into writing. This written agreement is called an Inheritance Partition Agreement. If any heir acts against this agreement, they have the right to file a cancellation and registration lawsuit, claiming that the agreement was not followed. Disputes arising from inheritance can lead to numerous real estate lawsuits, making it crucial to work with a Real Estate Lawyer during these processes to avoid loss of rights.
Lawsuit for Prevention of Interference (Lawsuit for Preventing Encroachment)
Sometimes, the property rights of individuals can be violated by others over properties they own. In such cases, our Real Estate Law Attorney team can initiate a lawsuit for the prevention of interference to eliminate the violation. Various reasons can give rise to this lawsuit. For example, unauthorized entry and occupation of someone's property constitutes the subject of the lawsuit for preventing encroachment, as does the illegal collection of crops from the property or the administration allowing physical passage through the property without expropriation. The prerequisites for filing this lawsuit are as follows:
- The right to file the lawsuit belongs to the property owner. Therefore, the lawsuit can only be filed by the owner or their heirs.
- There must be an unlawful interference with the property owned by the owner.
- The attack must be ongoing.
The competent court for the lawsuit for preventing encroachment is the Civil Court of First Instance, and the jurisdiction is the court located where the property is situated. In any case that meets these conditions, a lawsuit for preventing encroachment can be filed. Conducting the lawsuit with a Real Estate Lawyer will benefit the protection of your rights. Our Istanbul Real Estate Lawyer team provides professional understanding and quick solutions in real estate lawsuits.
Lawsuits for Partition of Property (Izale-i Şuyu Lawsuit)
Lawsuits for partition of property, or Izale-i Şuyu, are initiated to terminate the partnership established on a property owned jointly or in shared ownership. The primary goal here is to end the shared ownership status of individuals over the property. The partnership can end through mutual agreement among the partners, or if they cannot agree, the partnership can be resolved through litigation. Any partner has the right to file a lawsuit for partition of property. The lawsuit is directed against all stakeholders.
The competent court for the lawsuit is the Peace Court, and the jurisdiction is the court located where the property is situated. The partnership can be resolved either through division or sale. If the property can be physically divided among the stakeholders without selling it, the court will decide to resolve the partnership through division. If division is not possible, the property will be sold.
Ecrimisil Lawsuits (Compensation for Unlawful Occupation)
Ecrimisil refers to a special form of compensation provided for damage incurred due to the use of an item by a malicious third party without the owner's consent. An Ecrimisil lawsuit aims to recover compensation for unlawful occupation from individuals who have used the property unlawfully and violated their obligation to return it.
Ecrimisil is regulated in Article 995 of the Turkish Civil Code No. 4721. "2. The bad-faith possessor is obliged to compensate the damage caused to the right holder due to the unlawful retention of what they are obliged to return and for the products they obtained or failed to obtain."
The conditions for filing an Ecrimisil lawsuit are as follows:
- There must be unlawful occupation
- There must be a requirement to prevent enjoyment
- The owner or possessor must have suffered damage due to unlawful occupation
- The person in possession of the item must have bad faith.
- There must be fruits that the malicious possessor obtained or neglected to obtain.
The statute of limitations in Ecrimisil cases is 5 (five) years. The competent court is the Civil Courts of First Instance, and in Ecrimisil cases regarding real estate, the court where the real estate is located has jurisdiction. It is important to file and pursue an Ecrimisil case with a Real Estate Lawyer in order to avoid loss of rights. Our Istanbul Real Estate Lawyer team provides professional and fast solutions in Ecrimisil cases.
Expropriation lawsuits
The right to property is a right guaranteed and strictly protected under the Turkish Constitution. The main purpose of Deed Cancellation and Registration Cases is to eliminate and prevent the violation of this right guaranteed by our Constitution. From time to time, situations may arise where the best interest of the public prevails over the property rights of individuals. The state has the right to take over property belonging to individuals without the consent of their interests, on the grounds that the public interest is superior. This process is called Expropriation. However, in order for the State to carry out this transaction, it must pay the price of the real estate to the owner of the property right. Expropriation without payment is against the law and the Constitution.
The administration that makes the expropriation decision determines the area and its characteristics where the expropriation will take place by making the necessary determinations and measurements. Afterwards, an expropriation annotation is placed in the land registry. It is possible to transfer the real estate during this process. In the expropriation process, first of all, the administration notifies the property right owner of the price determined by the valuation commission. Afterwards, the real estate is expropriated through purchase or barter. Owners are invited to compromise on the price at the reconciliation commission. Property owners are not obliged to accept these offers. The most basic principle in expropriation is that the expropriated real estate should not be used for purposes other than the specified purpose. At the same time, the expropriation process must be followed and a project suitable for public interest must be carried out on the property. If the administration remains inactive for the expropriated area for 5 years and does not use the real estate, a lawsuit to take back the expropriated real estate must be filed within 1 year after this period expires. The 5-year period starts from the finalization of the expropriation process and is a period of forfeiture.
If the expropriation cannot be realized through purchase as a result of disagreement with the parties in the expropriation, the administration applies to the Civil Court of First Instance where the real estate is located and files a lawsuit for the determination of the expropriation cost and the registration of the relevant real estate on behalf of the administration. This lawsuit cannot be filed without the expropriation procedure through purchase. The real estate price determined by the valuation commission and offered to the owners is not binding on the Court. In this case, the court will conduct another expert examination and determine the price.
Istanbul Real Estate Lawyer Fee
Fees for real estate cases are determined by the Bar Association every year. If you would like to know our Istanbul Real Estate Lawyer fees, you can contact us via Whatsapp or our contact information.
