Fidelis Law and Consultancy Office, operating in Istanbul, provides legal and consultancy services to local and foreign clients at every stage of their real estate transactions as Istanbul Real Estate Lawyers. Turkey Real Estate Lawyers pursue title deed cancellation and registration cases, real estate donation, purchase, sale and lease transactions and the establishment of real and personal rights on real estates for local and foreigners.
What is Real Estate Law? Real estate is the value of immovable property such as land, land, housing on which arrangements can be made and converted into money. The foundations of Real Estate Law are regulated by Law No. 4721 of the Turkish Civil Code. In addition to the Turkish Penal Code, other laws such as the Soil Protection Law and the Zoning Law also provide specific regulations of real estate law. In all real estate transactions, it is beneficial to work with an expert Istanbul Real Estate Lawyer and seek legal advice to prevent loss of rights or to make legal claims. The services provided by the Real Estate Lawyer are summarized as follows:
- Regulation of sales contracts
- Foreigners' acquisition of real estate in Turkey and related citizenship applications
- Studies and procedures for the correction of land registry records
- Dispossession of partnership cases
- Expropriation cases
- Real estate purchase, sale and title deed registration procedures
- Preparing lease agreements
- Tenant eviction procedures
- Deed cancellation and registration cases
- Resolution of disputes between real estate partners in shared ownership
- Foreigners' real estate acquisition transactions and residence permit applications
Real Estate Lawyers and Real Estate Lawsuits Istanbul Real Estate Lawsuits conducted by a Real Estate Lawyer include legal actions that must be taken to resolve all kinds of disputes related to real estate. The Real Estate Lawyer is responsible for representing the parties in real estate related disputes and following the litigation process. The best way to secure your legal rights is to work with a good Real Estate Lawyer. Real estate lawsuits can arise for various reasons. As Turkey Real Estate Lawyers, we provide professional services in the following cases:
- Case for Elimination of Partnership (İzale-i Şüyu)
- Deed Cancellation and Registration Case
- Collection of Rent Receivables and Eviction of Tenant
- Establishment and Termination of Mortgages
- Action for Non-Intervention
- Ecrimisil lawsuits (Compensation for unlawful occupation)
- Action for Cancellation of Disposition
- Lawsuit for Eviction of Tenant
Defective Real Estate Lawsuit
A legal defect is the failure to fully fulfill the commitments made in the commitment letter or title deed. The defect in question may be one or more than one. The existence of a defect gives the aggrieved party certain optional rights. Defects may arise in any transaction or business; however, what is important here is the defects that occur in real estate. Real estate is built under a specific project. The most common defects in real estate are as follows:
- Defects arising from non-compliance with the zoning plan
- Defects due to the material used
- Defects caused by infrastructure and superstructure problems
This is undoubtedly the most sensible way for consumers to assert their rights immediately and remedy the defect. The rights of a consumer who encounters a defective dwelling are as follows:
- The right to return the defective property and receive a defective property of the same quality
- The right to demand free repair of detected defects
- The right to demand a discount on the sale price and a refund in proportion to the defect
As can be seen, the aggrieved consumer has the right of choice in problems arising from defects. However, it should not be forgotten that the most important issue regarding defects is the notification of the defect. Therefore, contacting a Real Estate Lawyer immediately when a defect is detected will prevent loss of rights. Our team of Turkey Real Estate Lawyers offers fast and effective solutions for defective real estate.
Real Estate Purchasing Processes for Foreigners
As is well known, Turkey has become a favorite destination for foreign real estate investments due to its growing construction sector and urban transformation processes. With investments of 400,000 USD, Turkey grants the right to citizenship, and regardless of the investment amount, foreigners who purchase real estate are also granted the right to a residence permit. The most important aspect of the real estate purchasing process for foreigners is ensuring that everything is based on a legal foundation.
Working with Real Estate Lawyers ensures that the real estate purchasing processes for foreigners progress more smoothly, while preventing potential issues and loss of rights in matters such as residence permits, taxes, contracts, and citizenship applications. Our team of Turkey Real Estate Lawyers provides the following services during the property acquisition process for foreigners:
- Drafting of purchase and sale agreements
- Opening bank accounts
- Management of money transfer processes in accordance with the law
- Carrying out deed registration processes
- Submission of necessary declarations to the municipality and management of tax procedures
- Drafting lease agreements
Title Deed Cancellation and Registration Lawsuits
Title deed cancellation and registration lawsuits are filed to correct title deed records that have been created unlawfully or illegally, aiming to eliminate any illegality. Legal violations may arise for various reasons, and a person whose property rights have been infringed has the right to file a title deed cancellation and registration lawsuit to remedy this violation. Working with a Turkey Real Estate Lawyer in title deed cancellation and registration cases is crucial to preventing any loss of rights.
Cancellation and Registration Lawsuits
Title deed cancellation and registration lawsuits can be initiated for various reasons. These lawsuits involve real estate disputes where the cancellation of title transactions is requested. In cases such as objections to expropriation, inheritance distribution, or disputes arising from cadastral processes, it is necessary to file a lawsuit for the cancellation and registration of the title. By working with an expert Turkey Real Estate Lawyer in all such cases, you can prevent any potential loss of rights. Title deed cancellation and registration lawsuits can be categorized as follows:
- Deed Cancellation Case related to Expropriation
- Deed Cancellation Case Arising from Inheritance Law
- Shufa Lawsuit (Deed Cancellation Lawsuit arising from the Right of Preemption)
- Cancellation and Registration of the Title Deed Issued by Cadastre
Cancellation and Registration Cases Arising from Inheritance Contract
After the death of the heir, the heirs may come together and reach an agreement on how the inheritance will be shared and put it in writing. This written agreement is called the Inheritance Sharing Agreement. In the event that any of the heirs violates this agreement, each heir has the right to file a Land Registry Cancellation and Registration Lawsuit on the grounds that the inheritance sharing agreement has not been complied with. Many real estate lawsuits arising from inheritance disputes may arise and it is of great importance to work with a Turkish Real Estate Lawyer in order to avoid loss of rights during the follow-up process of these lawsuits.
Lawsuit for Interference (Possession Lawsuits)
Sometimes people's property rights on real estates may be violated by others. In these cases, our Real Estate Lawyer can protect your rights by filing a lawsuit against interference in order to remedy this violation. The reasons for filing this lawsuit can take various forms. For example, a person's unauthorized entry and residence on your immovable property constitutes the subject of the possession case, while the unfair harvesting of the crops on the immovable property or the actual removal of the immovable property by the administration without expropriation constitutes the subject of the action for the prohibition of interference. The conditions for filing a lawsuit for the prohibition of interference are as follows:
- The right to sue belongs to the owner of the property right. Therefore, a lawsuit can only be brought by the property owner or his heirs.
- There must have been an unjustified interference with the property owner's immovable property.
- The intervention must be ongoing.
Conducting this case with a Turkey Real Estate Lawyer will be beneficial for you to protect your rights. Our Istanbul Real Estate Lawyer team serves with professional understanding and fast solutions in Real Estate Lawsuits.
Izale-i Şuyu Case (Case for the Elimination of Partnership)
Cases for the elimination of partnership are filed in order to terminate the partnership on an immovable property where there is a partnership in the form of shared ownership or cooperative ownership. The main purpose here is to end the partnership status of the persons on the immovable property. The partnership can be terminated by agreement of the partners. Any partner has the right to file a lawsuit for dissolution of the partnership. The lawsuit targets all shareholders.
The partnership is terminated through partition or sale. If it is de facto possible to share the immovable property among the shareholders by dividing it into parts without selling it, the court shall decide to terminate the partnership through partition. In cases where partition is not possible, the court shall decide to terminate the partnership by selling the immovable property.
Ecrimisil Lawsuits (Unfair Occupation Compensation Claim)
Ecrimisil is a special type of compensation paid for the damage caused by the use of an immovable property by a malicious third party without the permission of the owner. Ecrimisil lawsuit is a type of lawsuit that aims to eliminate the damage and return the property to the owner by demanding unfair occupation compensation from those who use the immovable property unfairly and in bad faith.
Ecrimisil is regulated in Article 995 of the Turkish Civil Code. The conditions of the action for exemption are as follows:
- It must be unjust occupation.
- Beneficial ownership is prohibited.
- The owner or possessor must be damaged by the unjust occupation.
- The person in possession of the item must have bad faith.
- The results must have been obtained or omitted to be obtained by the bad faith possessor.
Ecrimisil davasının Gayrimenkul Avukatı ile açılması ve sürdürülmesi, hak kaybı yaşanmaması açısından önemlidir. İstanbul Gayrimenkul Avukatı ekibimiz, ecrimisil davalarında profesyonel ve hızlı çözümler sunmaktadır.
Expropriation Cases
The right to property is a right guaranteed and strictly protected under the Turkish Constitution. The main purpose of Land Registry Cancellation and Registration Lawsuits is to prevent and eliminate the violation of this right guaranteed by the Constitution. However, from time to time, situations may arise where the public interest overrides the property rights of individuals. The state has the right to take over the property of individuals without seeking their consent on the grounds of public interest. This process is called expropriation. However, in order for the state to carry out this process, it must pay the price of the immovable to the property owner. Expropriation without compensation is against the law and the Constitution.
Following the expropriation decision, the administration determines the area to be expropriated and its characteristics by making the necessary determinations and measurements. Afterwards, an expropriation annotation is placed on the land registry. Transfer of the immovable is possible during this process. In the expropriation process, the administration first notifies the property owner of the price determined by the valuation commission and the immovable is expropriated through purchase or exchange. Property owners are invited to compromise in the price reconciliation commission. Property owners are not obliged to accept these offers.
The most fundamental principle in expropriation is that the expropriated immovable shall not be used for any purpose other than the designated purpose. At the same time, the expropriation process must be carried out and the project in accordance with the public interest must be realized on the immovable. If the administration does not act on the expropriated area for 5 years and does not use the immovable, the lawsuit for the recovery of the expropriated immovable must be filed within 1 year from the end of this period. The 5-year period starts from the finalization of the expropriation process and this period is of a forfeiture nature.
In the event that no agreement is reached with the parties during the expropriation process, if the expropriation cannot be realized through purchase, the administration shall apply to the Civil Court of First Instance where the immovable is located and file a lawsuit for the determination of the expropriation price and registration of the relevant immovable on behalf of the administration. This lawsuit cannot be filed before the expropriation is realized through purchase. The value of the immovable property determined by the valuation commission and presented to the property owners is not binding for the court. In this case, the court will conduct a new expert examination and determine the value.
Real Estate Attorney Fees
Fees for real estate cases are determined by the Bar Association every year. If you want to get information about our Real Estate Attorney fees, you can contact us via Whatsapp or our contact information.
