Practice Areas
Real Estate Law Advisory
Advisory covering the full range of real estate matters, from property sales to lease relationships and condominium ownership.
Last updated: · Prepared by: Av. Barış Kaymaz
Real estate law governs the acquisition, transfer, limitation and protection of rights over immovable property, drawing primarily on the property provisions of the Turkish Civil Code, the lease provisions of the Turkish Code of Obligations, and the Condominium Law.
Because real estate transactions are high-value and subject to formal requirements, legal guidance in sale, lease and division processes helps prevent loss of rights.
We act for buyers and sellers looking for a real estate lawyer in Istanbul and for clients who need a real estate lawyer in Ankara, and we assist clients across Türkiye in title deed and lease disputes.
Title Deed Cancellation and Registration Claims
A title deed cancellation and registration action may be filed where a land registry record was created unlawfully, such as through fraud, incapacity, or a sham transaction, aiming to cancel the wrongful record and register the real rights holder. Claims alleging that an inheritance was concealed from heirs through a sham sale are a particularly common type of dispute, but a registered transfer to a good-faith third party is generally protected, making the third party's good faith a decisive factor in such actions.
Lease Law
Special rules for residential and roofed workplace leases are set out in Article 339 et seq. of the Code of Obligations; the expiry of the lease term alone does not justify eviction, which requires one of the statutory grounds, such as the landlord's own need, a written commitment to vacate, or two justified warnings. Rent determination actions must respect the statutory limits on rent increases, and matters such as the landlord's liability for defects, the tenant's duty of care, and the return of the deposit are common sources of dispute when a lease ends.
Condominium Ownership and Common Area Disputes
Law No. 634 on Condominium Ownership regulates ownership of independent units and the use of common areas in apartment buildings and residential complexes. Properly adopted resolutions of the condominium owners' assembly, preventing use contrary to the management plan, and sharing common expenses are the most frequently disputed issues, and other owners may seek an injunction or damages where a unit is used unlawfully.
Expropriation
Under Law No. 2942 on Expropriation, the administration may take privately owned immovable property for a public purpose. In actions to determine and register the expropriation price, the property's real value is established through expert assessment, and where the administration occupies property without following the expropriation procedure, the owner's right to compensation is protected through a de facto occupation (kamulaştırmasız el atma) damages claim.
Zoning Law and Property Sale Transactions
Before a purchase, the property's zoning status, suitability for its intended use, and any encumbrances (mortgages, attachments, annotations) should be carefully reviewed. A sale of real property must be made by official deed at the land registry; ordinary written or verbal promises to sell do not transfer ownership, and notarising a promise-to-sell agreement and annotating it on the title deed helps protect the buyer's rights against third parties.
Services in This Area
- Handling title deed cancellation and registration claims
- Drafting lease agreements and managing eviction proceedings
- Rent determination and adjustment litigation
- Advising on condominium and site management disputes
- Expropriation valuation and de facto expropriation claims
- Drafting property sale agreements and promises to sell
- Handling mortgage and other real property lien transactions