A real estate lawyer is a lawyer who provides legal assistance in resolving real estate-related disputes. In our country, the legal procedures to be followed in relation to real estate are gathered under the umbrella of real estate law. In general, it regulates real estate applications and related disputes. Our real estate law attorneys deal with the initiation and follow-up of title deed cancellation and registration, real estate donation, sales and rental transactions to local and foreigners, citizenship by investment process.
What is Real Estate Law?
Real estate is land, fields and apartments on which numerous actions can be carried out, especially construction projects. The basic principles of real estate law are regulated by the Turkish Civil Code No. 4721. In addition, many special laws such as the Land Conservation Law and the Spatial Planning Law have made special regulations in the field of real estate law.
It is almost essential to make purchase and sale contracts and negotiations within the scope of the transfer of goods, to conduct real estate acquisition and related naturalization applications by foreigners, to follow up the deeds and transactions related to the deed correction, the liquidation of the partnership or the cases on expropriation in the presence of a lawyer specialized in real estate. It is important for the future of you and your family to get legal advice in these cases, especially due to the confusion and details of real estate law.
Citizenship Application in Case of Real Estate Acquisition for Foreigners
Persons who do not work in Turkey, but invest in certain conditions and dimensions determined by the President, and their spouses and children under the age of 18 can acquire Turkish citizenship exceptionally. Persons who acquire real estate worth 400,000 USD or equivalent in foreign currency or Turkish Lira by the decision of the President are entitled to Turkish citizenship.
The citizenship process is a process that must be carried out meticulously and includes the receipt of many documents. If citizenship is to be acquired through the immovable, the compliance of the immovable with the citizenship application procedures, the preparation of the appraisals and the insurance procedures are important for the acceptance of the application. That’s why it’s important to work with a lawyer who specializes in both real estate and immigration law.
What is Property Consultation?
We are at your service with our competent lawyers in order to solve the problems that our clients experience while owning a house in Turkey and after they own it. We can solve the problems before they arise by accompanying the transactions made in the land registry and the notary public.
Cebeci&Bayram Law Firm gives consulation to the clients who wish to purchase a property in Turkey. We do background check of the seller company and title itself to see is there any mortgages or confiscation. Also we will be with the client on the signature date to make sure everything goes smoothly. Since there is a lot of scam is happening regarding purchase a property matter, we highly recommend clients to hire a lawyer to manage the process.
It’s common in Turkey that the constraction companies left the building unfinished and cause aggrievement. During this kind of events the most important thing is act fast. Vendors give promises to gain some time to carry their Money to his other companies. As Cebeci&Bayram Law, we take a precautionary lien on the company in order to protect the rights of our clients.
What are the Duties of a Real Estate Lawyer?
The duties of a real estate law attorney can be summarized as follows:
- Resolution of disputes in the relevant field of law,
- Follow-up of cases within the scope of real estate law, representing the parties in cases,
- Preparation of real estate contracts,
A successful and reassuring lawyer can resolve some disputes without going to court. Jobs that a real estate lawyer deals with can be divided into:
- Purchase, sale and registration of title deeds for real estate,
- Legal settlement of disputes between floor owners,
- Preparation of lease agreements,
- Tenant eviction procedures,
- Follow-up of disputes regarding the cancellation and registration of property rights,
- Follow-up of legal and administrative proceedings regarding the acquisition of real estate by foreigners,
Who Does a Real Estate or Real Estate Lawyer Represent?
The representation authority of the real estate lawyer covers all disputed parties. In cases within the scope of real estate law, the parties listed below can obtain legal assistance by hiring a lawyer.
- Real estate investors,
- Construction companies and officials,
- Engineers and architects
What Types of Cases Does a Real Estate Lawyer Deal with?
Lawyer cases for real estate law define the legal procedures initiated for the resolution of real estate related disputes. Real estate law attorney represents the parties in the aforementioned cases and accompanies the process. It also undertakes the task of following the decisions regarding the outcome of the case. You can work with a real estate lawyer for the following types of cases that fall into the field of real estate law.
- Mortgage establishment and waiver,
- Izale-i şyu lawsuits,
- Various legal disputes regarding condominium law,
- Evacuation of the tenant with the collection of rent receivables,
- Evacuation cases of the leased person,
- Deed cancellation and registration,
- Actions for annulment of savings,
- Prohibition case,
Title Deed Cancellation and Registration Cases
Cancellation and registration cases are the cases for the correction and elimination of the illegality of the title deed records created by an illegal or unlawful transaction. There can be many reasons for this inconsistency. In this way, the person whose property right is violated can eliminate the violation with the title deed cancellation and registration case. Deed cancellation and registration cases based on some special reasons include the most common litigation issues in real estate law. For this reason, it is useful to elaborate more closely.
Why Are Title Deed Cancellation And Registration Cases Filed?
Annulment and registration lawsuit is a real estate lawsuit filed for very different reasons and is based on the cancellation of the title deed of the real estate. An action for cancellation and registration of title deed should be filed for reasons such as objection to expropriation or the inheritance department or rejection of the title deed given through the cadastre. A real estate lawyer should be consulted for contracts to be drawn up regarding the real estate sales commitment. The types of title deed cancellation cases can be listed as follows:
- Deed cancellation and registration case organized by the cadastre,
- Action for annulment of title deed due to expropriation,
- Deed cancellation action based on inheritance law,
- Priority (Preemption) right case (Sufa),
Title Deed Cancellation and Registration Cases Based on Inheritance Taksim Agreement
After the death of the heir, the heirs can come together and agree on the division of the inheritance and record it in writing. In this case, if any of the heirs do not comply with the contract, a lawsuit can be filed for the postponement of the performance of the inheritance in accordance with the division agreement and the cancellation of the ownership.
Abuse of Power of Attorney
The duties of the attorney must be fulfilled in accordance with the wishes and demands of the person who appoints the attorney. The attorney cannot act against the will of the represented or go out of his will. Otherwise, the transactions made by the proxy become invalid. In the absence of a contract between the attorney and the attorney that determines the details and limits of the transaction regarding the sale of the immovable property, the rule of good faith determines the limits of the transactions to be made by the attorney.
The title deed cancellation and registration lawsuit arising from the misuse of the power of attorney is filed not against the attorney, but against the third person who has taken over the real estate. However, it is important to note that the third person taking over the property must know that the agent is abusing the power of attorney. Otherwise, the title deed cancellation and registration procedures will not be started. The attorney may demand compensation for the damage suffered from the authorized representative.
Cancellation and Registration of Title Deed Due to Legal License
In order for a person to have rights and obligations, he must have the capacity to act. The person should also be able to recognize the legal consequences of his actions. For this reason, in cases where the transaction is invalid due to mental illness, old age and dementia, young age and other reasons contrary to the will, a lawsuit can be filed for the cancellation of the transaction.
The fact that the other party is aware of this situation or is in good faith in the transfer does not prevent the termination of the transaction. From time to time, people over a certain age are required to submit a mental health report to the land registry offices. This requirement is designed to prevent similar situations.
Cancellation of Deed Based on Family Residence and Registration
Article 194 of the Turkish Civil Code regulates the provisions regarding family housing. Specifies; “One of the spouses cannot cancel the rental agreement of the family residence, transfer the family residence or restrict the rights related to the family residence without the express consent of the other spouse.”
Annotation of the family residence is one of the most practical ways of providing the protection specified in the law. For this, one of the spouses should contact the Land Registry Directorate and request the registration of the family residence in the Land Registry of the said real estate. Because if there is no family residence document in the deed, the goodwill of the third parties who do not know that the house is a family residence will be preserved and in this case, the title deed cancellation and registration cannot be filed. A request can be made for family housing. From another point of view, it is important that the acquirer does not know that the immovable is a family residence.
Prevention (Prevention) Lawsuits
In case of unfair use of a property, a prevention lawsuit is filed. In order to have the right to use a property, it is necessary to be the owner of the property or to obtain the permission of the owner. In case of benefiting from a property before any of these situations occurs, the owner may claim his rights legally by filing an injunction action.
The right to property is a constitutional right and is strictly protected. Deed cancellation and registration procedures are aimed at preventing the violation of this strictly protected right. However, the superior interest of the general public was put before the individual’s property right. The state may seize the property of private persons without the consent of the person concerned, if it is in the public interest. This process is known as expropriation. In this case, the cost of the said immovable must be covered by the administration that carries out the expropriation process. A free expropriation procedure is unthinkable.
The important point here is that the public interest is taken into account. The administrative institution that makes the expropriation decision then determines the area and nature of the expropriation process by making the necessary determinations and measurements. An expropriation note is then entered in the title deed. During this period, the transfer of the property is possible, but the acquirer must be informed about the expropriation procedure before the transfer can be made. In the expropriation process, the administration first notifies the owner of the value determined by the appraisal commission and expropriates the immovable by purchase or barter. The owners are invited to agree on the price in the settlement commission.
However, the owner does not have to accept this offer. The expropriated immovable cannot be used other than the purpose determined at the time of expropriation, or a project suitable for the public interest should be created by expropriation. In this case, the administration remains inactive for 5 years and does not use the expropriated immovable. A lawsuit should be filed to take back the expropriated immovable within one year from the end of this period. The 5-year period starts with the conclusion of the expropriation procedures and is a preventive period.
In case the expropriation cannot be realized by purchasing, the administration applies to the civil court of first instance where the immovable is located for the determination of the expropriation value and the registration of the said immovable in the name of the expropriator. management. For this purpose, the expropriation process should be carried out by purchasing. The real estate price determined by the valuation commission and offered to the owners during the purchase process is not binding for the court. In this case, the expert opinion is prepared again and the price is determined again.
Expropriation Transactions Without Expropriation
We have explained above that expropriation is called as long as the administration removes the title deed of the immovables belonging to private persons and takes the said immovable into the ownership of the public interest and how the related process works. However, in practice, it is seen that due to problems such as budget problems and changes in land use plans, administrations act in accordance with the expropriation procedure and interfere with property rights without expropriation. In such cases, persons whose property rights have been interfered with and whose land has been confiscated by the administration without expropriation should file a lawsuit under the name of compensation or compensation lawsuit.
Priority Right for Agricultural Land
Regarding the continuity of agricultural activity, Law No. 5403 on Soil Conservation and Land Use has established a series of protective measures regarding the use and division of agricultural lands and made arrangements accordingly. In other words, the pre-emptive right is that if one of the shareholders of a pre-emptive property wishes to sell all or part of its share to another person, the other has the right to buy it first.
When a sale transaction is made on agricultural land, the owners of the immovables that are also agricultural land and adjacent to it have the priority right. If there is more than one contiguous owner, it is important that they know which one has agricultural integrity. If there is an adjacent owner with the right of priority after the sale, the owner of the priority right can claim this right against the new owner by filing a lawsuit. In this case, the court is asked to determine the pre-purchase price and specify the place of payment. It is obligatory to use the priority right within the period stipulated for this purpose. These periods are in the nature of deprivation of rights and if these periods are exceeded, the right to action ends. Accordingly: In case the priority right owner is notified through a notary public before the sale, a priority right lawsuit must be filed within 3 months from this notification. If the sale is not notified, a priority right action must be filed within 2 years from the date of sale.
Cases for Dissolution of Partnership (Izale-İ Şuyu Case)
The liquidation of the partnership, or in other words, the liquidation of the partnership lawsuits are filed to terminate the partnership on a property or real estate subject to joint ownership. The purpose is to terminate the partnership status of persons in movable or immovable property. If an agreement cannot be reached on how to terminate the partnership, any of the partners may file a lawsuit. A lawsuit will be filed against all parties.
The lawsuit is filed in the civil court of the place where the real estate is located. The partnership may be dissolved by division or sale. If it is actually and legally possible to divide the goods into parts without being sold among the participants, the court may decide to divide the assets of the company exactly. If the division is not possible, the company goods are offered for sale by the sales representative or senior management.
Real Estate Transactions
It is possible to buy and sell real estate in person or through an intermediary. Real estate sales must be made at the title deed offices. Sales transactions cannot be made, for example, in notaries other than title deed offices. Again, if certain equal and personal rights have been assigned before the transfer, it may be necessary to take action at the land registry office to cancel them. Such cases take time and full and accurate title records may need to be verified by a real estate law professional. In such cases, a real estate attorney can assist with a notarized power of attorney.
Various Lawsuits Regarding Condominium Ownership Law
Lawsuits under the Condominium Ownership Law define various cases that can be filed for the resolution of disputes between condominium owners. Use of common areas, savings in independent parts, etc. Real estate law rules apply to lawsuits filed depending on the cause.
If You Are Looking For A Lawyer For Real Estate Law!
Real estate law attorneys seek legal counsel who will provide the services they need in terms of representation, prosecution and enforcement of decisions made in the resulting case. Cebeci and Bayram Law Office provides legal assistance in all areas of real estate law with its experienced lawyer staff.
Cebeci and Bayram Law Firm, which carries out the filing, follow-up and follow-up of cases related to real estate law, also provides consultancy services in the preparation of real estate contracts. You can cooperate with our law firm in the preparation of rental contracts and construction contracts for apartments. Our law firm will assist you in the determination of the expropriation value and the annulment of the decisions taken. You can get the support of an experienced real estate lawyer with Cebeci and Bayram Law Firm in the legal resolution of real estate-related disputes.