Real Estate Law

Real estate law covers transactions and disputes related to immovable properties such as land, residences, and commercial buildings. It includes title deeds, purchase and sale, leases, construction agreements, and co-ownership dissolution. Given the high value of real estate investments, working with an experienced law firm is essential to minimize risks and protect legal rights.

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Secure Transaction Process with a Title Deed Lawyer

To prevent legal or administrative problems that may arise at land registry offices during real estate purchase and sale transactions, we provide expert title deed lawyer support. We thoroughly analyze the legal background of the property to ensure smooth progress of title deed procedures, and we ensure the preparation and complete control of necessary documents. We follow up the entire process on behalf of our clients to ensure that the sale transactions are completed quickly and without error, and we finalize the procedures securely. In this way, we minimize the risks that our clients may face and ensure that the real estate acquisition process proceeds under legal assurance.

Comprehensive Legal Consultancy Service

Aware that the investment process is not limited to title deed procedures only, we provide consultancy services to our clients at all stages such as contract preparation, zoning status reviews, legal risk analysis, ownership investigations, and evaluation of rights on the property. According to the nature of the property to be purchased or invested in, we develop special legal strategies and shape the process with provisions that will be in the client’s favor at every step. Thus, investment decisions are managed not only for today’s needs but also in a way that provides protection against potential future risks and problems.

We Are with You in Complex Real Estate Disputes

Real estate law covers much more than simple transactions. Disputes such as construction contracts in return for flat, title deed cancellation and registration lawsuits, the division of inherited shared properties, and dissolution of joint ownership (partition lawsuits) require technical knowledge and litigation experience. Our law firm provides comprehensive support to clients with experienced real estate lawyers based in Istanbul in such complex lawsuits. From the beginning of the lawsuit, we conduct strategic analysis, prepare a customized defense plan for the case, and act in a way that will protect the client’s rights at the highest level. In litigation processes, we adopt an effective representation and result-oriented approach.

Protect Your Investments and Projects with Legal Assurance

The legal progress of real estate investments and projects without issues is possible with proper consultancy and solid contracts. The main goal of our law firm is to establish the infrastructure that will protect our clients’ investments both from today’s legal risks and from possible future problems. We evaluate each project in detail from start to finish and develop preventive solutions by identifying legal gaps in advance. Thanks to this approach, our clients can act with confidence and protect their investments in the long term.

Our Corporate Law Services

Our Legal Services in Commercial Law

Title Deed Cancellation and Registration Lawsuits

Correction of incorrect or fraudulent title deed records, title cancellation and registration

Lease Agreements, Eviction, and Rent Collection Lawsuits

Tenant eviction, collection of accumulated rent receivables

Condominium Ownership and Site Management Disputes

Building management plans, maintenance fee disputes, use of common areas

Zoning Plans and Permit Objections

Objection to zoning plan changes, lawsuits for cancellation of construction permits

Expropriation Lawsuits and Unlawful Seizure by the State

Property acquisition by the state, compensation and valuation lawsuits

Contractor Agreements and Construction Disputes

Construction contracts in return for flat, disputes arising from late delivery or incomplete works

Acquisition of Real Estate by Foreigners in Turkey

Property purchase by foreigners, title deed procedures and restrictions

Rent Determination and Adaptation Lawsuits

Adaptation of excessively increased rent prices, rent determination lawsuits

Pre-emption (Right of First Refusal) Lawsuits

Lawsuits regarding co-owners’ priority purchase rights in shared ownership sales

Unjust Occupation (Ecrimisil) Lawsuits

Compensation claims for unauthorized use of real estate

The rest

All other transactions and services related to real estate law, not limited to the lawsuits listed above.

Frequently Asked Questions

Still have questions? Check out our FAQs below.

What does a real estate lawyer do?

A real estate lawyer provides legal support on matters such as the purchase and sale of real estate, title deed transactions, and the preparation and review of contracts. They also represent their clients in lawsuits like annulment and registration of title deeds, expropriation, and zoning disputes. They protect rights and interests in real estate disputes. By following legal processes, they reduce risks and ensure transactions are completed in accordance with the law.

What is a title deed annulment and registration lawsuit and how is it filed?

A title deed annulment and registration lawsuit is filed to correct incorrect or unlawful entries in title deed records. The plaintiff can file a case with the civil court of first instance where the relevant land registry office is located. Evidence must be presented to support the claims. Legal assistance from a lawyer is important to ensure the process runs effectively.

How can I find a good real estate lawyer in Istanbul?

To find a good real estate lawyer, one can consider references, online research, and the specialization areas of law firms. Lawyers focusing particularly on real estate law should be preferred in Istanbul. Also, the reviews of previous clients and the lawyer’s litigation experience should be taken into account. Having an initial meeting with the lawyer and asking about their experience helps in making the right choice.

Is it mandatory to hire a lawyer when buying real estate?

No, hiring a lawyer when buying real estate is not legally mandatory, but it is highly recommended for legal safety. Especially for checking title records and identifying restrictions like mortgages, liens, or annotations, working with an expert real estate lawyer is important. Otherwise, the buyer may face serious problems later. In major cities like Istanbul, having legal support is a conscious choice to avoid problems related to property rights.

What should be considered when drafting a construction contract in exchange for flats?

Construction contracts in exchange for flats should clearly set out the obligations of both the landowner and the contractor. Critical clauses like transfer of land share, construction permit, delivery date, and delay penalties must be written in full. Especially, project-specific technical specifications and occupancy permit details should be included. Because legal mistakes or deficiencies may cause serious damages, such contracts must be prepared by a real estate lawyer.

What is a partition lawsuit (action for dissolution of co-ownership) and how is it filed?

When a property is jointly owned by multiple people and disputes arise between them, a partition lawsuit (known as “action for dissolution of co-ownership”) can be filed to end the co-ownership. This lawsuit aims to divide the property either through sale or physical division. The lawsuit is filed at the civil court of peace and usually includes expert examination and a sales process. Working with a lawyer is recommended to ensure that the process is conducted lawfully and ownership rights are protected.

What are the advantages of working with a lawyer during title deed transactions?

Even a small mistake in title deed transactions can lead to loss of ownership or cancellation. With the help of a lawyer, limitations like mortgage, lien, and usufruct rights are checked before the transaction. If the transaction will be done with a power of attorney, the scope of the power must be legally accurate. Working with a real estate lawyer ensures that the title deed process is fast, secure, and problem-free.

Is notary approval required for real estate contracts?

Notary approval is not required for all contracts; however, it is mandatory for certain transactions such as real estate sale promise agreements. Notary approval makes the contract legally stronger and more valid. It also provides advantages in proving the agreement in case of future disputes. To minimize legal risks, the preparation and approval process of contracts should be carried out with a lawyer.

How is an eviction lawsuit against a tenant filed and how does the process work?

Eviction of a tenant is possible in cases listed by law, such as non-payment of rent, violation of contract terms, landlord’s need, or failure to vacate despite a written undertaking. The eviction lawsuit is filed at the civil court of peace and generally proceeds with expert examinations and hearings. The eviction process requires careful legal follow-up; otherwise, the lawsuit may be rejected or take years. Working with an experienced real estate lawyer ensures the process is completed properly.

What is the role of a lawyer in expropriation procedures?

Expropriation is when the state purchases private property for public interest, and rights may be lost in this process. The lawyer is responsible for protecting the property owner’s rights, managing the valuation and objection procedures. If the expropriation price is set too low, the lawyer can file a lawsuit to ensure a fair value is received. Especially in cities like Istanbul where large-scale projects are common, the support of a real estate lawyer is of great importance.

What is an annotation (şerh) in the title deed and when is it used?

An annotation is an official note placed in the land registry to restrict transactions such as the sale or transfer of a property. Transactions such as sale promises, usufruct rights, lease contracts, or mortgages gain legal validity against third parties when annotated. Annotations protect property rights and prevent loss of rights. To avoid technical errors, annotation procedures should be carried out with legal support.

What should be done in cases of real estate fraud?

Real estate fraud can happen in many forms such as using fake documents, unauthorized transactions with invalid power of attorney, or collecting payment without transferring the deed. In such cases, a criminal complaint must be filed with the prosecutor immediately and legal action should be taken. A civil lawsuit may also be required to annul the transaction and register the rightful ownership. To avoid further harm, it is essential to proceed with the help of a real estate lawyer.

Why is legal support important in urban transformation projects?

Urban transformation projects involve serious risks in terms of protecting owners’ rights and ensuring that contracts with contractors are lawful. Legal assistance is essential during all phases such as construction contracts in exchange for flats, risk assessment of buildings, and evacuation processes. It is also crucial to follow zoning practices and occupancy procedures. The lawyer manages the entire legal process while protecting the interests of the property owners.

What is the relationship between zoning law and real estate law?

Zoning law regulates the use of land and construction rules according to urban plans, while real estate law governs the ownership and use of the property. A building’s permit, occupancy approval, and development conditions are determined under zoning law. However, transactions such as ownership, sale, and mortgage are subject to real estate law. In the sale of unlicensed buildings, both zoning and real estate laws must be evaluated together.

What is an unjust occupation compensation lawsuit (ecrimisil) and when is it filed?

Ecrimisil is compensation claimed for the unauthorized use of a property. The property owner may file a lawsuit to demand retroactive rent from the unauthorized user. It is commonly seen in income-generating properties such as farmland, plots, or shops. To succeed, evidence must be gathered, and the legal process should be properly managed.

Is legal support necessary in the sale of shared (joint) ownership property?

The sale of jointly owned property is more complex than individual ownership sales and often affects the rights of other shareholders. Issues such as disputes among shareholders and pre-emption rights (right of first refusal) may arise. Before the sale, legal rights and obligations should be thoroughly examined. Therefore, working with an experienced real estate lawyer is highly important in such sales.

What is the capital gains tax on real estate and how is it calculated?

The capital gains tax on real estate is levied on the profit gained from the difference between the purchase and sale prices of a property. This tax applies if the property is sold within 5 years from the date of acquisition. After deducting the legal exemption amount, the remaining gain is taxed. Since the tax calculation can be complicated, getting expert assistance is advised.

What should foreigners pay attention to when buying real estate in Turkey?

Foreigners’ real estate purchases in Turkey are subject to legal restrictions, and they cannot own property in areas like military zones. Before the title deed process, the property’s legal status, zoning plan, and construction permit should be carefully checked. Foreign investors may also consider citizenship or residence permit benefits. Working with a real estate lawyer ensures a smooth and lawful transaction process.

How is a name correction (name rectification) made in title deed records, and why is the lawyer’s role important?

When names, surnames, or titles are incorrectly written in title deed records, a name correction must be made. This usually requires a court decision and must be supported with population registry documents. Incorrect records can cause serious issues in the future, so the process must be handled carefully. The lawyer files the correction lawsuit, prepares the necessary documents, and ensures a quick resolution.

What should be considered when buying mortgaged real estate?

Before purchasing a mortgaged property, the mortgage details in the title deed must be carefully examined. After the purchase, the mortgage debt may pass to the buyer, which can lead to a serious financial burden. The mortgage should be removed before the sale, or a clear repayment plan must be agreed upon. During this process, it is essential to work with a real estate lawyer to check title and debt records, prepare the sale protocol, and ensure the transaction is legally compliant.

How is title deed record inquiry performed and why is it important?

Title deed record inquiry can be done through the General Directorate of Land Registry and Cadastre’s service on e-Government. This inquiry reveals existing mortgages, liens, or annotations on the property. Failing to check the title records before buying increases the risk of fraud and loss of ownership. For a safe transaction, the title records should be analyzed by a real estate lawyer.

In which cases can a lease contract be terminated?

A lease agreement can be terminated due to reasons stated by law, such as the tenant not paying rent, damaging the property, or failing to vacate after the agreed period. The landlord can send a notice of termination based on these reasons to start the eviction process. In some cases, it may be necessary to file a lawsuit directly. To avoid legal mistakes, lease termination procedures should be handled with legal guidance.

Should mediation be preferred in real estate disputes?

Yes, mediation is a fast and cost-effective solution that should be preferred before filing a lawsuit in real estate disputes. It yields effective results especially in cases like boundary disputes with neighbors, rental disagreements, and co-ownership conflicts. Through mediation, parties can find their own solutions and avoid court expenses. For a successful mediation process, support from a lawyer with real estate law expertise is recommended.

How can a lien (seizure) on a property be removed?

A lien on a property can be removed either by paying the relevant debt or by a court decision. After the debt is paid, the creditor must send an official letter to the land registry for removal. If the lien is unlawful, it can be lifted through objection or a lawsuit. Since these procedures can be complex and time-consuming, it is recommended to have a real estate lawyer manage the process.

What documents are required for a title deed transfer?

For title deed transfer, an ID card, a copy of the property’s title deed, mandatory earthquake insurance (DASK), and the official sale deed are required. If there is a previously signed sales agreement between parties, it must also be submitted. If the transaction is carried out by a representative, a notarized power of attorney is necessary. Any missing documents may cause cancellation of the transaction, so working with a lawyer ensures legal safety.

How is title deed tax calculated and who pays it?

Title deed tax is calculated at 4% of the declared sale price and is usually split equally between the buyer and seller. However, the parties may agree that one of them covers the entire amount. The declared sale value must reflect the actual amount; otherwise, tax penalties may arise. Legal support from a real estate lawyer helps ensure the process is handled in compliance with the law.

How long does a real estate lawsuit take and what is the cost?

The duration of real estate lawsuits varies depending on the type of case and the court’s workload; on average, it takes 1 to 3 years. The cost includes court fees, expert witness fees, and attorney’s fees. Cases such as deed cancellation, eviction, or dissolution of co-ownership may be more expensive. To avoid delays and apply the right strategy, it is best to work with an experienced lawyer from the beginning.

How can you avoid being scammed in real estate purchase and sale transactions?

To avoid fraud, the title record must be checked, and it must be confirmed that the transaction is made with the actual owner of the property. Fake powers of attorney, missing documents, and pressure-based sales tactics should be carefully evaluated. Secure payment methods must be used, and if possible, payment should be made simultaneously with the deed transfer. To prevent all such risks, a real estate lawyer should be involved in the process.

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