Real Estate Law

Real Estate Law, which requires expertise in a wide range of areas from property acquisitions and sales to rental relations, title deed cancellation cases, and expropriation processes, has a sensitive structure where a minor error can lead to significant financial losses. Therefore, obtaining professional legal consultancy in real estate transactions is vital for both protecting property rights and preventing loss of rights.

What is Real Estate Law?

Real Estate Law is a specialized field of expertise within the scope of Property Law, a sub-branch of Civil Law, covering all legal regulations regarding immovable property. The core subjects of this legal branch include ownership rights over assets that cannot be moved or transported without changing their nature—such as houses, lands, plots, apartments, and offices—as well as limited real rights, possession, title deed transactions, and the resolution of disputes arising from these rights.

The primary sources of Real Estate Law include the Turkish Civil Code, Code of Obligations, Land Registry Law, Cadastre Law, Zoning Law, Expropriation Law, and numerous regulations. The complex structure and continuous updating of these sources make Real Estate Law a field that requires technical knowledge and experience.

The Importance of Real Estate

Real Estate Law does not only regulate individual property relations; it also directly affects economic life, urbanization, the zoning system, and social order.

Economic Value and Investment: Immovable properties are among the most important investment tools for both individuals and companies. In Türkiye, a large portion of household assets consists of real estate. Therefore, even the smallest legal error regarding a property can lead to serious financial damage.

Constitutional Guarantee: The right to property is one of the fundamental rights guaranteed by Article 35 of the Constitution. The protection of this right is one of the most important indicators of the principle of the rule of law.

Social and Environmental Impact: Actions taken regarding real estate produce effects in broad areas such as zoning plans, urbanization, environmental order, and neighborhood relations. Consequently, not only the owner but the entire society is affected by this branch of law.

Diversity of Disputes: The frequency and complexity of disputes—such as title deed cancellation, registration, rent, eviction, expropriation, zoning, and dissolution of partnership—demonstrate how crucial this field is in daily life.

Real Estate Law and Matters Regarding Immovables

Immovables are defined in Article 704 of the Turkish Civil Code. Accordingly, immovables consist of: land, independent and permanent rights recorded on a separate page in the land registry, and independent sections recorded in the condominium registry.

Characteristics of Immovables:

• Cannot be moved or transported without changing their nature.
• Must be recorded in the Land Registry.
• Subject to the principles of publicity (transparency) and registration.
• Transfer of ownership is subject to official form.
• Possess high economic value.

Principles Applicable to Immovables:

• Principle of Registration: Registration in the land registry is mandatory for the acquisition of immovable property ownership.
• Principle of Publicity: The land registry is open to the public; anyone with an interest may inspect it.
• Responsibility for Keeping Land Registry: Keeping the land registry is the duty of the state.
• Official Form Requirement: Official form is mandatory for the validity of immovable transfer contracts.

Areas Covered by Real Estate Law

Real Estate Law is a broad field covering many sub-branches:

• Title Deed and Registration Procedures: Property acquisition/sale, transfer, registration, and title deed cancellation cases.
• Tenancy Law: Residential and commercial lease agreements, rent increases, and eviction processes.
• Expropriation Law: Administrative and judicial expropriation, determination of value, and de facto seizure without expropriation.
• Zoning Law: Zoning plans, construction permits, zoning applications, and unauthorized structures.
• Condominium Law: Construction servitude, condominium ownership, management plans, site management, and dues (service charge) disputes.
• Cadastre Law: Cadastral determination, objection, and correction procedures.
• Construction Law: Construction contracts, construction in return for land share, and defective construction.
• Mortgages and Pledges: Immovable mortgages, discharge of mortgages, and foreclosure.
• Inheritance and Real Estate: Acquisition through inheritance, partition, and collusion of the legator (muris muvazaası).
• Real Estate Acquisition by Foreigners: Conditions and processes for foreigners to purchase property in Türkiye.

Litigation in Real Estate Law

The main lawsuits that can be filed within the scope of Real Estate Law are:

• Title Deed Cancellation and Registration Cases: Lawsuits filed against unfair or erroneous registration of a title deed.
• Unlawful Registration Cases: Lawsuits filed against the unfair registration of property in someone else’s name.
• Replevin (Ownership) Cases: Lawsuits where the owner proves their right of ownership and requests the return of the property.
• Prevention of Unjust Intervention (Müdahalenin Men’i): Lawsuits filed to prevent unfair interference with the owner’s or possessor’s property rights.
• Eviction Cases: Lawsuits requesting the tenant to vacate the property.
• Rent Determination Cases: Lawsuits filed for the court to determine the rental price.
• Occupancy Consideration (Ecrimisil) Cases: Lawsuits filed for compensation of damages arising from the unfair use of the property.
• Dissolution of Partnership (İzale-i Şüyu) Cases: Lawsuits filed to end the partnership among stakeholders.
• Appeals Against Expropriation Value: Lawsuits to object to the insufficiency of the expropriation price.
• Condominium Lawsuits: Lawsuits regarding the division of the main property, construction servitude, and unpaid dues.
• Pre-emption (Şuf’a) Cases: Lawsuits regarding the right of a stakeholder to primarily purchase a sold share.

Rights and Interests in Real Estate

Owning real estate provides broad powers under the Civil Code.

Powers of the Owner:

• Limited real rights other than ownership can also be established on immovables:
• Court Decision: Ownership can be acquired through a court decision. For example, a decision to cancel and re-register a title deed.
• Compulsory Execution: Ownership can be acquired through a sale decision by the enforcement office.

Methods of Earning Without Registration:

• Inheritance: Through inheritance, property automatically passes to the heirs upon the death of the testator.
• Expropriation: Ownership passes to the administration upon payment of the expropriation compensation.
• Acquisitive Prescription: Under certain conditions, ownership of immovable property can be acquired through long-term possession.

Rights and Interests in Real Estate

Owning real estate grants extensive rights under the Civil Code.

The Owner’s Powers:

• The right to use, enjoy and dispose of immovable property.
• Satış, devir, bağışlama, trampa yapma yetkisi
• The right to lease, to grant easements.
• Authority to mortgage or pledge
• The right to construct buildings or make alterations on the property.
• The right to benefit from the products and income of the immovable property.

Limited Real Rights: In addition to ownership rights, limited real rights can also be established on immovable properties:

• Easements (right of way, right to water, right to a water source, etc.)
• Usufruct
• Right of residence
• Right of superficies
• Pledge rights (mortgage)

Restriction of Rights in Real Estate

The rights of a property owner are not unlimited. There may be restrictions, both statutory and contractual.

Legal Restrictions:

• Restrictions arising from neighborhood law
• Limitations arising from zoning plans and zoning regulations
• Restrictions arising from environmental protection legislation.
• Obligation to use the property in accordance with its general intended use.

Annotations and Declarations Made in the Land Registry: According to Article 1009 of the Civil Code, certain personal rights may be annotated in the land registry:

• Construction contracts in exchange for land share
• Real estate sales promise agreements
• Rental agreements
• Pre-emption (right of first refusal) rights
• Buyback rights

Restrictions on Disposition: Disposition restrictions that can be registered under Article 1010 of the Civil Code:

• Seizure
• Provisional seizure
• Bankruptcy
• Concordat
• Family home annotation
• Court injunctions

Examination of Real Estate Title Deeds

The land registry is the official register where immovable properties and the rights thereon are recorded. A detailed examination of the land registry records is absolutely necessary when buying or selling real estate.

Points to Consider When Examining a Real Estate Title Deed:

• Owner Information: It should be verified whether the owner registered in the title deed is actually the seller.
• Land Registry Information: The accuracy of information such as island, parcel, independent section number, and area must be verified.
• Annotations and Declarations: It should be checked whether there are any annotations or declarations in the land registry that would prevent or restrict the sale.
• İpotek Durumu: Taşınmazın ipotekli olup olmadığı, ipoteğin miktarı ve alacaklısı kontrol edilmelidir.
• Attachment and Precautionary Measures: It should be examined whether there is an attachment or precautionary measure order on the property.
• Zoning Status: The zoning status and building regulations of the property should be checked.
• Condominium Ownership/Easement: The condominium ownership or easement status of the building should be checked.
• Management Plan: The management plan should be reviewed in condominium buildings.

How to Examine a Real Estate Title Deed?

Land registry records can be examined by requesting a review from the land registry offices. Points to consider during the examination:

1. Examination of the original title deed
2. A detailed reading of the declarations section.
3. Checking the comments section
4. Identifying records that restrict the right to make savings.
5. Obtaining a zoning status certificate.
6. Checking tax debt
7. Checking for outstanding membership fees

Who Can Inspect a Property Deed?

The land registry is open to everyone, in accordance with the principle of transparency. According to Article 1020 of the Civil Code:

• Anyone who can prove they have an interest in the property can examine the title deed records.
• Lawyers have the right, under the Attorneys’ Law, to examine land registry records even if they are not directly involved in the matter.
• Public officials such as notaries and enforcement officers can conduct investigations as part of their duties.

At Akdemir Legal, we provide comprehensive consulting and litigation services in the field of real estate law. Our expert team is here to support you in real estate transactions, rental disputes, title cancellations, expropriation, zoning and cadastral cases, condominium ownership issues, and the process of foreigners acquiring real estate.

To avoid losing your rights in real estate transactions and to best protect your property rights, obtaining professional legal support is crucial. You can contact us for detailed information and consultation.