Real Estate Law
Real estate law is the field of law that covers ownership, use, sale, rent, title deed, condominium, inheritance, partnership and compensation disputes regarding real estate. Many legal processes related to houses, land, fields, workplaces, shops, warehouses, offices and similar immovable properties are evaluated within real estate law.
Housing, commercial real estate, land, urban transformation, rent and condominium disputes are common in Istanbul. Since real estate has a high economic value, mistakes made in real estate law can lead to serious loss of rights.
What is Real Estate Law?
Real estate law deals with the establishment, transfer, protection and termination of rights on immovable properties. Title deed transactions, real estate sales, rental agreements, dissolution of partnership, ecrimination and condominium disputes are among the main subjects of this field.
This field of law is not just about litigation processes. Legal consultancy is also important in real estate purchase, sales contract, rental agreement, title deed review and real estate investment processes.
What Areas Does Real Estate Law Cover?
Real estate law covers many different types of disputes and transactions regarding real estate. The legal basis and procedure to be followed for each dispute may be different.
| Area | Explanation |
|---|---|
| Title deed transactions | Sale, transfer, mortgage, transfer and annotation transactions |
| Deed cancellation and registration | Correction of incorrect or illegal title deed records |
| Rental disputes | Rental fee, eviction, deposit and damage to the rented property |
| Ecrimisil | Compensation due to unfair use of real estate |
| Dissolution of partnership | Termination of joint or joint ownership |
| Condominium | Apartment, site, independent section and common area disputes |
| sales promise agreement | Contracts committing to the transfer of real estate in the future |
| urban transformation | Risky construction, transformation and contractor contracts |
| Zoning disputes | Plan, license, building permit and municipal procedures |
| Real estate compensation | Loss of rent, loss of value or tort damages |
Title Deed Transactions
Land registry transactions are important in terms of transfer of real estate ownership and official registration of rights on real estate. Real estate sales, mortgage establishment, inheritance transfer, donation and annotation transactions are carried out in the land registry offices.
In title deed transactions, identity, power of attorney, representation authority, real estate registration, encumbrance information and documents required according to the type of transaction should be carefully checked. Incomplete or incorrect transactions may lead to title deed cancellation or compensation lawsuits in the future.
Real Estate Sale
As a rule, the transfer of ownership in real estate sales takes place through an official transaction in the land registry. Ordinary written contracts made between the parties do not transfer real estate ownership on their own.
Before purchasing, the title deed record, mortgage, lien, annotation, usufruct right, lease annotation, zoning status and actual use of the real estate should be examined. Steps taken without this examination may lead to serious financial losses.
Why is Land Registry Examination Important?
The title deed record shows the owner of the real estate, its nature and the restrictions on it. Records such as lien, mortgage, family residence annotation, sale promise annotation, usufruct right or lawsuit annotation may affect the transfer and use of the real estate.
Especially in high-priced residential and business purchases in Istanbul, title deed records must be examined. Not only the physical condition of the property, but also its legal status should be evaluated.
Deed Cancellation and Registration Case
Title deed cancellation and registration lawsuit is a lawsuit filed alleging that the title deed registration is unlawful. It may arise due to reasons such as fraud, fake power of attorney, incapacity, collusion of the deceased, fiduciary transaction or faulty registration.
In these cases, land registry, official deed, power of attorney, statements of the parties, bank records, witness statements and expert reports are important. Since it concerns the ownership of real estate, it is one of the cases that must be handled carefully.
Muris Muvazaa
Muris collusion occurs when the testator presents his immovable property as a sale in the title deed, even though he actually donated it, in order to steal property from the heirs. Such cases are common among heirs.
The court evaluates the economic situation of the parties, the sales price, the real value of the real estate, the purpose of the testator and family relations. Strong presentation of evidence affects the outcome of the case.
Real Estate Sale Promise Agreement
A real estate sales promise contract is a contract that promises to sell the real estate in the future. In order for this contract to be valid, it must be drawn up in accordance with the official form.
A promise of sale agreement does not replace the title deed transfer. As a rule, real estate ownership is transferred through an official sale transaction in the land registry. Therefore, the scope and terms of the sales promise contract should be prepared carefully.
Rental Law
Rental law covers disputes regarding the rental of residences, roofed workplaces, land, warehouses, offices and commercial real estate. Rental fee, eviction, deposit, damage to the rented property and termination of the rental agreement are among the most common issues.
Lease agreements can be valid even if they are not made in writing; However, a written contract provides ease of proof. The rental fee, payment date, purpose of use, deposit and eviction conditions should be clearly stated in the contract.
Rent Determination and Adaptation Cases
A rent determination lawsuit is filed to determine the rent amount by the court. Especially in long-term rental relationships, determining the new rental price according to the market rate may come to the fore.
The rent adaptation case deals with the request to change the current rent due to extraordinary economic conditions. In these cases, the lease agreement, precedent rental prices and economic conditions are evaluated together.
Eviction Cases
Eviction cases are cases filed for the tenant to vacate the property. Eviction may be requested for reasons such as rent debt, necessity, eviction commitment, use contrary to the contract or two justified warnings.
Warning, time, evidence and case conditions are of great importance during the eviction process. Incorrect notice or incorrect cause of action may cause the eviction process to take longer.
Damage to Rented Property
The tenant is obliged to use the rented property carefully and return it in the same condition as received at the end of the contract. Wear and tear resulting from ordinary use cannot be attributed to the tenant; However, damages that exceed normal use may be subject to compensation.
Damages to doors, parquet flooring, plumbing, kitchen cabinets, walls, glass or fixtures can be claimed from the tenant. Delivery report, photo, video, invoice and expert report are important to prove the damage.
Ecrimisil Case
Ecrimisil is the unfair occupation compensation that the owner can claim due to the unfair use of the real estate. The person who uses the real estate without permission may be liable for the usage fee even if there is no lease agreement with the owner.
In the Ecrimisil calculation, the usage period of the immovable property, the comparable rental price, the nature of the immovable property and the way of use are taken into consideration. If there are conditions among the stakeholders, a request for remuneration may come to the fore.
Dissolution of Partnership Case
A lawsuit for dissolution of partnership is filed to terminate the partnership in real estate that is subject to joint or joint ownership. If the real estate can be divided as is, the partnership can be dissolved by division, if not, by sale.
This case is frequently seen when an agreement cannot be reached between the heirs regarding inherited real estate. If the partnership is dissolved through sale, the real estate can be sold through auction and the price is shared.
Shared Ownership Disputes
In shared ownership, more than one person has certain shares on a real estate. Disputes may arise regarding stakeholders' use, rental or sale of real estate.
If there is no usage agreement between stakeholders, actual usage, remuneration, common expenses and sales requests may be a matter of discussion. For this reason, the legal status of shared real estate must be clearly determined.
Joint Ownership
Joint ownership often arises through inheritance. In this type of ownership, it may not be possible for partners to dispose of certain shares on their own.
There may be a dispute between the heirs regarding the sale, use or rental of the real estate. In this case, the process of sharing the inheritance or dissolving the partnership may come to the fore.
Condominium Law
Condominium law covers disputes regarding apartments, sites, business centers and independent sections. The rights of flat owners, common areas, dues, management plan, site management and use of independent sections are important in this area.
The Condominium Law regulates the establishment of separate property rights on independent sections in completed buildings. In apartment and site management disputes, the management plan and the decisions of the flat owners' board should be carefully examined.
Dues and Site Management Disputes
In apartment buildings and complexes, dues, common expenses, maintenance costs and management decisions are frequently the subject of disputes. Flat owners may be obliged to contribute to common expenses according to the land share or regulations in the management plan.
Enforcement proceedings may be carried out for dues receivables. However, management decisions, business projects and account records must be in accordance with the procedure.
Use of Common Areas
In apartment buildings and sites, stairs, parking lots, gardens, roofs, elevators, warehouses and social areas can be considered common areas. Unauthorized use of common areas by a flat owner may result in disputes.
In changes to the common area, the management plan, the decision of the board of flat owners and the provisions of the Condominium Law should be taken into consideration. Unauthorized interventions may lead to claims for restitution or compensation.
Zoning Law and License Disputes
Zoning law is related to the construction conditions of the real estate, license, occupancy, plan changes and municipal procedures. In real estate investments, zoning status directly affects the value of the property.
Transactions such as unlicensed building, illegal building, building holiday report, demolition decision or zoning plan change may be subject to administrative judicial process. For this reason, the zoning status must be examined when purchasing real estate.
Urban Transformation
Urban transformation is the process carried out to renew risky buildings and make them safe. Risky building detection, evacuation, demolition, reconstruction and contractor contracts are important in this process.
Urban transformation disputes are quite common in Istanbul. The decisions of the floor owners, land share, contractor selection, contract terms and delivery time should be carefully evaluated.
Construction Contract in Exchange for Land Share
A construction contract in return for land share is a contract in which the contractor undertakes to build in return for the land owner transferring certain land shares. Since these contracts have high economic value, they must be prepared in detail.
Delivery period, independent section sharing, penalty clause, technical specifications, license procedures, occupancy and guarantee provisions should be clearly regulated. Unclear contracts can lead to lengthy litigation processes.
Things to Consider When Buying Real Estate
Before purchasing real estate, only price and location should not be evaluated. The land registry, encumbrances, zoning status, actual use, rental status, dues debt and lawsuit annotation should be checked.
It is important to conduct a legal review, especially in high-priced housing, land and workplace purchases in Istanbul. Payment or deposit transactions made without knowing the legal status of the property may pose risks.
Things to Consider in Real Estate Contracts
In real estate contracts, the identity of the parties, real estate information, payment plan, delivery date, penalty clause, title deed transfer, expenses and dispute resolution method should be clearly written.
Vague expressions should not be used in deposits, sales promises, rental, construction, renovation or consultancy agreements. The contract should be prepared to cover contingencies that may arise in the future.
Evidence in Real Estate Cases
In real estate cases, evidence often consists of official records and technical reports. The complete presentation of evidence directly affects the outcome of the case.
| Type of Evidence | Area of Use |
|---|---|
| land registry | It shows the status of ownership and encumbrances. |
| official deed | It shows the declarations and transfer in the title deed transaction. |
| rental agreement | It proves the tenant-lessor relationship. |
| Pink slip | It is used in notifications of default, eviction or demand. |
| Photo and video | Damage may indicate use or actual condition. |
| expert report | Provides value, rental fee, damage or technical determination. |
| Zoning status | It shows the construction conditions of the real estate. |
| management plan | It is important in condominium disputes. |
| witness statement | May describe actual use or party affiliation. |
Mediation in Real Estate Cases
In many disputes arising from the rental relationship, mediation is required before filing a lawsuit. In addition, in some real estate disputes, mediation may be brought to the agenda as a condition of litigation.
Filing a lawsuit without fulfilling the mediation requirement may result in the case being rejected due to procedural reasons. Therefore, before filing a lawsuit, it should be checked whether the dispute is subject to mediation.
In which court are real estate cases heard?
The court in charge of real estate cases varies depending on the type of case. Title deed cancellation and registration cases, dissolution of partnership, rental disputes, condominium cases and compensation claims can be heard in different courts.
The civil court of peace may come to the fore in rent disputes, the civil court of first instance in property cases such as title deed cancellation and registration, and the administrative court in some zoning disputes.
Real Estate Law in Istanbul
Real estate law disputes in Istanbul are frequently encountered due to housing, workplace, land, site, urban transformation, rent and title deed transactions. The high economic value of real estate requires more careful management of disputes.
The courthouse where the lawsuit will be filed in terms of the European Side and Anatolian Side of Istanbul is determined according to the location of the real estate and the type of dispute. Correctly determining the competent and responsible court is important for the healthy progress of the process.
The Importance of Working with a Real Estate Lawyer
Real estate law is an area that requires attention due to both high economic value and technical transaction processes. Disputes related to title deed, zoning, rent, condominium and inheritance often proceed in an interconnected manner.
Lawyer support is important in terms of examining the legal status of the real estate, determining the right type of case, collecting evidence and preventing loss of rights. It is especially advantageous to conduct a legal review before buying or selling real estate.
Legal Support from Attorney Mehmet Emin Kurşun
In real estate law cases, title deed registration, zoning status, lease relationship, contracts, expert reports and official documents directly affect the outcome of the case. Therefore, the process must be planned correctly from the beginning.
Attorney Mehmet Emin Kurşun provides legal support in the fields of real estate law, title deed cancellation and registration, rental disputes, ecrimination, dissolution of partnership, condominium ownership, urban transformation and real estate contracts in Istanbul.
Things to Know Before Starting the Legal Process
Before filing a lawsuit or signing a contract in real estate disputes, the land registry, zoning status, actual use of the real estate, rental relationship, if any, and contract provisions should be carefully examined. Incomplete research can cause serious financial losses.
Receiving legal support at the beginning of the process for people who have real estate buying and selling, rent, urban transformation or title deed disputes in Istanbul reduces the risk of loss of rights. A correctly prepared legal strategy helps to protect the rights on real estate more effectively.
Frequently Asked Questions
What is real estate law?
Real estate law; It is the field of law that covers real estate ownership, title deed, rent, condominium, equity, dissolution of partnership, urban transformation and real estate contracts.
How to acquire real estate ownership?
As a rule, real estate ownership is acquired by registration in the land registry. In some exceptional cases, registration is required for disposition transactions even if the property is acquired before registration.
What is title deed cancellation and registration case?
Title deed cancellation and registration lawsuit is a lawsuit filed to cancel the illegal or erroneous title deed registration and register it in the name of the real rightful owner.
Does a real estate sales promise agreement provide title deed transfer?
No. A promise to sell contract creates an obligation to sell real estate in the future. For the transfer of ownership, an official transaction must be made at the title deed.
What is Ecrimisil?
Ecrimisil is the unfair occupation compensation that the owner can claim due to the unfair use of the real estate.
What is the lawsuit for dissolution of partnership?
The lawsuit for the dissolution of the partnership is filed to terminate the partnership in real estate that is subject to shared or joint ownership, through division or sale.
What issues do condominium ownership disputes cover?
Dues, common area use, management plan, floor owners' board decisions, site management and use of independent sections are among the condominium disputes.
Is mediation mandatory in rent disputes?
In many disputes arising from the rental relationship, mediation is required before filing a lawsuit. However, there may be some exceptions.
In which court are real estate cases filed?
Depending on the type of case, the civil court of peace, civil court of first instance or administrative court may be in charge. The court responsible for lease, title deed, condominium and zoning disputes is different.
Why is real estate law lawyer support important in Istanbul?
In Istanbul, real estate has high economic value and disputes can be technical. Legal support in title deed, zoning, rent, condominium and urban transformation processes reduces the risk of loss of rights.
