Legal support in real estate buying and selling, title deed, rent and real estate disputes.
Real estate; in terms of residential properties, land, plots, workplaces, commercial properties, and investment purposes, are assets with high economic value. Therefore, legal issues that arise during the purchase, sale, rental, transfer through inheritance, or division among partners of a property can lead to significant financial losses. In real estate law, it is necessary not only to examine the title deed record but also to jointly evaluate the source of the ownership right, annotations and restrictions on the property, contracts, usage rights, and existing disputes between the parties.
In regions such as Antalya and Manavgat, where residential, tourism, and investment real estate transactions are frequent, it is particularly important that the legal review is conducted before any transaction takes place.Attorney Ahmet Emre Çimenprovides legal consultancy and attorney services in various areas of real estate law, ranging from real estate purchase and sale processes to title deed disputes, from dissolution of partnerships to rental and condominium issues.
What is Real Estate Law?
Real estate law is a broad area of law that regulates the legal relationships arising from the ownership, use, transfer of immovable properties, and the rights that can be established on immovable properties. Numerous transactions related to housing, land, plots, fields, apartments, workplaces, and independent units can fall within the scope of real estate law.
In real estate disputes, primarily the Turkish Civil Code, along with the Turkish Code of Obligations, Land Registry Law, Condominium Law, and depending on the nature of the dispute, different legislative provisions may need to be evaluated together. For this reason, even two disputes arising concerning the same immovable property may be subject to different legal resolution methods.
Main Transactions Covered by Real Estate Law
Real estate law does not consist only of land registry cases. Legal support may be required in a wide range of areas, from the purchase of immovable property to its use, from renting it out to the termination of co-ownership.
Legal Field Main Transactions and Disputes
Land Registry Law Cancellation and registration of title deeds, incorrect records, ownership disputes
Real Estate Purchase and Sale Contract review, title deed check, legal risk analysis
Joint Ownership Dissolution of partnership, disputes over shared and joint property
Lease Law Eviction, rent, rent determination, and contract disputes
Condominium Ownership Apartment management, common areas, and disputes among unit owners
Real Estate Transactions of Foreigners Acquisition of real estate in Turkey, sale, title deed, and legal review processes
Legal Review Before Purchasing Real Estate
When purchasing a real estate property, it is not sufficient to only evaluate the physical characteristics of the property or its sale price. The land registry, owner information, mortgages, foreclosures, annotations, easements, and other legal restrictions on the property can directly affect the purchase decision.
Especially in high-value real estate investments, reviewing the land registry and contract documents before making any payment or establishing a binding agreement between the parties can help prevent disputes that may arise later. During the sales process, it should also be evaluated whether the legal status of the property differs from its actual condition.
Which Matters Should Be Checked in the Land Registry?
It is not sufficient to only check whose name the property is registered under when examining the title deed. The nature of the property, share ratios, and rights or restrictions recorded on it must also be evaluated together.
Who the actual owner of the property is,
Whether it is jointly owned or individually owned,
Mortgage and lien records,
Usufruct and easement rights,
Annotations recorded in the land registry,
Condominium or condominium right status,
The property's classification in the title deed,
Legal restrictions that may affect the transfer process
The nature of these checks may vary depending on the property. Different legal risks may especially be encountered in the purchase of land, plots, or jointly owned properties.
Registry Cancellation and Registration Lawsuits
A registry cancellation and registration lawsuit may arise when it is claimed that the record in the land registry does not reflect the actual legal situation. In these lawsuits, the request is generally aimed at canceling the existing registry record and registering the property under the name of the person claimed to be the rightful owner.
The legal reason for registry cancellation and registration lawsuits may differ in each case. Fraud by a decedent, abuse of power by an attorney-in-fact, lack of capacity, invalidity of a legal transaction, or other property disputes can be considered under this scope. Correctly determining the legal reason for the lawsuit is important in terms of evidence, parties, deadlines, and lawsuit strategy.
Lawsuit for Dissolution of Partnership
If a property is owned by more than one person and the co-owners cannot agree on the use or division of the property, the dissolution of the co-ownership may be considered. In practice, this process is also known as "partition of co-ownership." Such disputes are frequently encountered in inherited properties or in real estates purchased jointly by multiple people.
In the dissolution of co-ownership, it is evaluated whether it is possible to divide the property as it is. If the conditions are not met, ending the co-ownership through sale may be considered. In current practice, in certain disputes regarding the dissolution of co-ownership, before filing a lawsuit, the prerequisite mediation process must also be completed.
Pre-Emption Right and Co-Owned Properties
In joint ownership properties, if one of the co-owners sells their share to a third party, the legal preemptive right may arise for the other co-owners. The preemptive right is a legal mechanism that, under certain conditions, allows co-owners to prevent a third party from becoming a partner in the property.
However, whether the preemptive right can be exercised should be evaluated according to the nature of the sale, the co-ownership status, and the specifics of the case. In such disputes, it is particularly important not to miss the deadlines stipulated by law.
Real Estate Disputes Arising from Lease Law
One of the important areas of property law is disputes between the tenant and the landlord. In residential and covered commercial rentals, different legal issues can arise from the formation of the contract to the termination of the rental relationship.
Non-payment of rent, eviction requests, determination of rent, deposit, use of the property, and failure to fulfill obligations arising from the contract are the main disputes encountered in practice. In an important portion of rental disputes, before going to court, the mediation process as a precondition for litigation must be completed.
Common Issues in Rental Disputes
Non-payment of rent,
Eviction of the tenant,
Determination of rent,
Termination of the lease agreement,
Disputes arising from the eviction commitment,
Return of the deposit,
Use of the leased property for purposes other than intended,
Obligations of the tenant and the landlord arising from the contract,
Condominium and Apartment Disputes,
In apartment and site life, individual unit owners have rights and obligations not only over their own apartments or workplaces but also regarding common areas and the management system. The use of common areas, management expenses, dues, manager operations, and decisions of the condominium owners' assembly can cause various disputes.
In disputes arising from condominium ownership, the Condominium Law, the management plan, and the decisions of the board may need to be examined together. In certain types of condominium disputes, it is also mandatory to complete the mediation process before filing a lawsuit.
Disputes Over Seizure and Use of Property
If a property is used by third parties without the consent of the owner, or if the right to use the property is obstructed, legal remedies aimed at protecting ownership rights may come into play. Claims such as preventing seizure, payment demands due to unlawful use, and restoration of the property to its former state can be evaluated according to the specifics of the case.
In particular, in shared properties, which stakeholder uses which area, whether there has been a previous usage agreement between the parties, and the actual way the property is used can be important in resolving disputes.
Foreigners Buying Real Estate in Turkey
Since Antalya and Manavgat are among the regions where foreigners invest in real estate in Turkey, the acquisition of real estate by foreign individuals is one of the important areas of study in real estate law. The acquisition of real estate in Turkey by foreign natural persons is subject to special conditions regulated in the Land Registry Law and related legislation.
In the process of a foreign person purchasing real estate, the citizenship status, the region where the property is located, the nature of the property, and the land registry records should be evaluated together. Checking the land registry and the legal restrictions on the property before the purchase transaction can reduce potential legal risks for the foreign investor.
Legal Support in Real Estate Contracts
Contracts made between parties in real estate transactions can create obligations with high economic value. Issues such as deposit, cancellation, payment plan, delivery date, legal status of the property, and obligations of the parties, if not clearly regulated, can lead to disputes at later stages.
In terms of the validity of real estate sales, the formal requirements stipulated by law should also be taken into consideration. Any document prepared between the parties alone does not transfer real estate ownership. Therefore, it is important to evaluate the legal nature of the documents to be signed in real estate purchases and sales before the transaction.
When Should a Lawyer Be Consulted in a Real Estate Dispute?
In real estate law, it is not always necessary to have filed a lawsuit in order to obtain legal support. Especially before purchasing high-value real estate, transferring co-owned property, signing a lease or sales contract, or conducting title deed transactions on behalf of a foreign investor, performing a legal review can help reduce disputes through preventive legal measures.
After a dispute arises, the claims of the parties, title deed and contract records, existing evidence, statutes of limitation or periods that extinguish rights, and the competent authorities must be evaluated together. Since each real estate file has its own unique legal and factual circumstances, it is not correct to apply a standard litigation method to all disputes.
Antalya and Manavgat Real Estate Law Attorney
In Antalya and Manavgat, one can encounter a variety of legal processes such as real estate buying and selling, properties for tourism purposes, residential investments, shared lands, rental relationships, and real estate acquisitions by foreigners. In order to properly assess a dispute, it is important to examine the land registry records, the agreements between the parties, and the current legal status of the property together.
Attorney Ahmet Emre Çimen; In Antalya and Manavgat, it provides legal consultancy and litigation services regarding disputes arising from real estate law, deed transactions, real estate buying and selling processes, dissolution of partnerships, deed cancellation and registration, rental law, condominium ownership, and acquisition of real estate by foreigners. Each process should be evaluated considering the specific characteristics of each property and dispute.
Frequently Asked Questions
What cases does real estate law cover?
Real estate law may cover deed cancellation and registration, dissolution of partnerships, right of preemption, prevention of encroachment, rental disputes, condominium ownership issues, and various cases arising from real estate ownership. The legal path to be applied changes depending on the specific case.
Is it necessary to have a lawyer review before buying a house or land?
It is not mandatory to be represented by a lawyer in every real estate sale. However, especially in high-value transactions, reviewing the land registry, encumbrances, contracts, and the legal status of the property in advance can help identify the risks of the purchase.
Can I sell my share in a co-owned property?
In co-ownership, it is possible to transfer your share, but legal evaluation may be necessary regarding the conditions of the sale and the legal pre-emption rights of other co-owners.
What can I do if the other co-owners do not want to sell the property I co-own?
If no agreement can be reached among the partners, if the conditions exist, the dissolution of the partnership can be pursued. Whether the immovable property can be divided as is or whether the partnership can be terminated through a sale is evaluated according to the specific immovable property.
In which situations is a deed annulment and registration lawsuit filed?
A deed annulment and registration lawsuit may arise in cases where it is claimed that the registration in the land registry does not reflect the actual legal situation. The legal reason for the lawsuit and the claims that can be made should be determined according to the specifics of the case.
Can a lawsuit be filed directly in a rental dispute?
For many disputes arising from a lease relationship, it is necessary to resort to mediation as a precondition before filing a lawsuit. However, since the procedure to be followed may vary depending on the nature of the dispute, the specific case should be evaluated separately.
Can foreigners purchase real estate in Antalya?
Foreign natural persons can acquire real estate in Turkey if they meet the conditions stipulated in the Land Registry Law and relevant legislation. Factors such as the nationality of the foreigner, the location, and the nature of the property should also be checked before the purchase transaction.