Real Estate Law

In our work in this field, the provisions of the Turkish Civil Code No. 4721, the Turkish Code of Obligations, the Condominium Ownership Law and the relevant legislation are taken into account. The legal status of each immovable property, the land registry records, the contractual relationships and the particular characteristics of the specific matter are assessed together, and a legal roadmap appropriate to the client is established.

Within the scope of real estate law, we provide legal support in the preparation of contracts for the sale and transfer of immovable property, the review of existing contracts, the assessment of land registry records and the safeguarding of transaction security. The legal consequences of the rights and restrictions over immovable property, such as promise-to-sell agreements, the pre-emption right, the usufruct, the easement, the mortgage, annotations and declarations, are carefully assessed.

Prior to the transfer of the title deed, the ownership status of the immovable property, the encumbrance records, the mortgage, the attachment, the annotation, the declaration, the zoning status and the transaction risks are examined, and the necessary legal checks are carried out so that the client does not suffer any loss of rights. Particularly in high-value immovable property transactions, the assessment of the contract and the title deed process together is of great importance.

In lease relationships, we provide legal services in the preparation of residential and roofed workplace lease agreements, the review of existing lease agreements, the determination of the rent, the adaptation of the rent, eviction processes and the recovery of rent receivables. The rights and obligations of the parties in the lease relationship are assessed within the framework of the relevant provisions of the Turkish Code of Obligations and current judicial practice.

In condominium ownership and construction servitude relationships, the management plan, the use of common areas, common-expense dues receivables, the obligation to contribute to common expenses, the decisions of apartment and complex management, the liability of the manager and the disputes among condominium owners fall within our field of practice.

Among the disputes most frequently encountered in practice in real estate law are actions for the cancellation and registration of title, disputes concerning rights in rem over immovable property, claims based on collusion by the deceased (simulated transaction), actions for the dissolution of co-ownership and disputes arising from promise-to-sell agreements.

In such actions, the land registry records, official deeds, certificates of inheritance, contracts, payment documents and the legal relationship between the parties must be carefully examined. The past transaction records of the immovable property and the true intention of the parties may play an important role in the resolution of the dispute.

In lease relationships, eviction requests, the determination of the rent, the adaptation of the rent, the collection of accrued rent receivables, eviction on the ground of need, eviction due to reconstruction and development, and the tenant's use in breach of the agreement are among the frequently encountered matters. In these processes, the correct monitoring of notice, notification and litigation periods is important in order to avoid loss of rights.

In condominium ownership disputes, common-expense dues debts, the apportionment of common expenses, interference with common areas, use in breach of the management plan, the validity of apartment or complex management decisions and the liability of the manager frequently arise.

The process concerning real estate law begins, first of all, with the examination of the documents relating to the immovable property and the relationship between the parties. The land registry records, encumbrance information, lease agreements, promise-to-sell agreements, the management plan, payment documents, notices and other relevant documents are assessed, and the legal situation is determined.

In transactional matters, contract texts are prepared or reviewed, and the necessary legal support is provided with respect to the proceedings to be conducted before the land registry directorate, the notary public and the relevant administrative authorities. The aim is not merely the completion of the transaction, but the minimisation of the risks of disputes that may arise in the future.

In the event of a dispute, the possibility of a resolution between the parties is first assessed. In certain disputes arising from lease and immovable property law, it may be necessary to complete the mediation process before bringing an action. In this process, participation in the negotiations is ensured in line with the rights and interests of the client.

Where a resolution cannot be achieved, depending on the nature of the specific matter, recourse is had to an action for the cancellation and registration of title, an eviction action, an action for the determination of rent, an action for the adaptation of rent, an action for debt, an action for the dissolution of co-ownership, an action for the prevention of interference or other relevant legal remedies.

During the trial process, on-site inspection, expert witness examination, the submission of evidence, hearings and procedural acts are closely monitored. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.