WHO IS A REAL ESTATE LAWYER IN TURKEY?

Real estate law is a branch of law that regulates individuals’ limited or unlimited real estate rights. A person providing expertise in legal matters in this field is referred to as a real estate lawyer in Turkey.

A real estate law in Turkey offers legal support for resolving disputes related to immovable properties. In Turkey, legal processes related to immovable properties are addressed within the scope of Real Estate Law. This field encompasses a wide range of issues related to real estates and their disputes. Real estate lawyers in Turkey provide legal consultancy services on matters such as the initiation and follow-up of title deed cancellation and registration cases, legal advice on real estate sale in Turkey and leasing transactions for both domestic and foreign individuals.

Additionally, they oversee personal rights establishment procedures on immovable properties and follow up on details related to the sale price in title deeds. For detailed information on declaring a lower sale price in the title deed, you can review our article titled “Declaring a Lower Sale Price in the Title Deed.”

Real estate lawyers in Turkey also handle legal matters such as expropriation cases, inheritance avoidance – testamentary fraud cases, management of lease agreements, dissolution of joint ownership cases, prevention of dispossession cases, auction follow-ups, establishment of real estate rights such as usufruct and easement, sales promise agreements, contract preparation, construction contracts based on revenue-sharing, and condominium law.

Lawyers specializing in real estate law are adept at drafting purchase and sale agreements, managing property transfer processes, overseeing foreigners’ property acquisitions and the follow-up of citizenship applications related to these processes, and correcting title deed records. For detailed information about encumbrances and declarations in title deeds, you can review our article titled “Encumbrances and Declarations in Title Deed.”

Moreover, real estate lawyer in Turkey provides consultancy in complex legal processes such as dissolution of joint ownership cases and follow-ups on expropriation cases. Working with a real estate lawyer in Turkey is crucial to protect against potential legal issues in this field and avoid loss of rights.

SCOPE OF REAL ESTATE LAW IN TURKEY

Real estate law is a significant legal branch in Turkey that encompasses legal regulations related to immovable assets. Considered as a sub-branch of property law, real estate law addresses the relationships between owners, tenants, institutions, and construction organizations concerning immovable properties such as land, plots, houses, apartments, and buildings, as well as the legal disputes arising from these relationships. This legal field regulates rights and relationships on immovable properties, such as land, plots, houses, apartments, and buildings, determining these relationships within a legal framework among property owners, tenants, institutions, and construction organizations.

The fundamental basis of real estate law in Turkey is formed by the Turkish Civil Code numbered 4721. This law regulates essential concepts like ownership, property, limited real rights, establishing the principles regarding ownership and usage of immovable assets. Additionally, specific laws such as the Land Conservation Law and Zoning Law also include detailed regulations within the field of real estate law in Turkey.

Real estate law in Turkey covers various topics. Legal support from a real estate lawyer in Turkey is crucial in processes such as preparing purchase and sale agreements, managing property transfer processes, and organizing title deed records. Especially in the acquisition processes of foreign investors, applications for Turkish citizenship, and fulfilling the legal requirements related to these processes, a real estate lawyer in Turkey plays a significant role.

Detailed examinations conducted through title deeds and cadastral survey reports in the field of real estate law bring various service supports to protect the rights of landowners. Among these services, the initiation of title deed cancellation and registration cases stands out.

Real estate law in Turkey is also effective in complex legal processes such as dissolution of joint ownership cases and expropriation cases. A specialized real estate lawyer, knowledgeable in areas like title deed cancellation and registration cases, inheritance avoidance – testamentary fraud cases, and management of lease agreements and relationships, provides legal support to clients.

In conclusion, real estate law in Turkey is a discipline that covers numerous legal issues related to immovable assets. A real estate lawyer in Turkey specializing in this field offers legal solutions, ensuring legal assurance in the processes of ownership, usage, and transfer of immovable properties.

For detailed information on real estate law practices in Turkey, you can visit our “Real Estate Law in Turkey” page.

BUYING PROPERTY IN TURKEY PITFALLS AVOIDING

Buying property in Turkey can be an exciting venture, given the country’s rich history, stunning landscapes, and a growing real estate market. However, like any investment, purchasing real estate comes with its own set of challenges. To ensure a smooth and successful property acquisition, it’s crucial to be aware of potential pitfalls and take necessary precautions. For buyin property in Turkey pitfalls avoiding:

• Research the Local Market: Before diving into the Turkish real estate market, conduct thorough research on the specific region you’re interested in. Prices, market trends, and legal requirements can vary significantly from one area to another. Understanding the local market dynamics will empower you to make informed decisions and avoid potential pitfalls related to pricing and market fluctuations.
• Legal Assistance: Navigating the legal landscape is paramount when buying property in Turkey. Hiring a real estate lawyer in Turkey who specializes in real estate transactions is highly advisable. A qualified real estate lawyer in Turkey can help you understand the legal intricacies, review contracts, and ensure compliance with Turkish property laws. This step is crucial step for buying property in Turkey pitfalls avoiding.
• Verify Title Deeds and Ownership: Verifying the legitimacy of the property’s title deeds is a critical step in the buying process. Ensure that the seller has clear and undisputed ownership rights. Working closely with your real estate lawyer in Turkey, confirm the property’s title deed details, and check for any outstanding debts, mortgages, or liens. This diligence will prevent potential issues related to disputed ownership and financial obligations.
• Understand the Buying Process: Familiarize yourself with the entire property buying process in Turkey. Knowing the necessary steps, legal requirements, and associated costs will help you avoid buying property in Turkey pitfalls. Work closely with your real estate lawyer in Turkey to ensure transparency throughout the process, from making an offer to the final transfer of ownership.

DUTIES OF A REAL ESTATE LAWYER IN TURKEY

A real estate attorney is a legal professional specializing in legal matters, particularly those related to real estate. Attorneys specializing in these fields provide clients with a range of legal services. Here are the main duties of real estate lawyers in Turkey:

1. Title Deed Transactions: Real estate lawyers specialize in deed transactions and property law. They guide clients on matters such as property rights, deed transfers, and mortgage processes.
2. Leasing and Lease Law: In relationships between tenants and landlords, real estate lawyers in Turkey provide legal advice on lease agreements, eviction procedures, and rent increases.
3. Construction Law: In legal issues that may arise during construction projects, real estate attorneys take necessary legal steps to protect clients. They offer legal support on construction contracts, disputes, and building inspections.
4. Dispute Resolution: Real estate lawyer in Turkey develops legal strategies to resolve disputes faced by their clients and manage judicial processes when necessary. This may include disputes related to property titles, lease disagreements, or neighbor relations.
5. Real Estate Sales and Transfer Processes: Real estate lawyer in Turkey guides clients through the processes of real estate sales and transfers. They assist with contract preparation, registration processes, and tax matters.
6. Planning and Consultation: Real estate attorneys provide strategic planning and consultation to clients regarding real estate investments. This includes aspects such as tax advantages, risk analysis, and the legal dimensions of investments.
7. Tax Law: Real estate transactions often involve tax considerations. Real estate lawyers in Turkey assist clients with tax planning and compliance issues.

Real estate lawyers in Turkey make real estate transactions safer and more organized by protecting clients from legal risks and providing effective solutions to encountered problems. Their expertise ensures clients receive reliable and high-quality legal services.

CASES HANDLED BY REAL ESTATE LAWYERS IN TURKEY

The services provided within this scope include the following:

1. Title Cancellation and Registration Cases: A legal process initiated for the correction, modification, or complete cancellation of title records is known as title cancellation and registration cases. This is often pursued to rectify unjust registrations in title deeds or to reorganize property ownership.
2. Purchase and Sale Contracts: Legal services are provided for the proper drafting of contracts in real estate purchase and sale processes. This ensures a smooth transaction by clarifying the rights and obligations between the parties.
3. Contracts for Establishment and Termination of Title Deed Rights: Real estate lawyers in Turkey provide consultancy on the preparation and implementation of contracts for establishing or terminating title deed rights on properties.
4. Prevention of Encroachment: Legal support is provided in situations such as interventions known as prevention of encroachment.
5. Legal Situation Determination and Reporting: Legal assessments of real estate are conducted, and a detailed report of this situation is presented to the client.
6. Project Inspection: Real estate lawyers in Turkey support the legal compliance of projects with environmental regulations, manage necessary legal processes, and ensure the projects’ adherence to legal frameworks.
7. Acquisition Processes for Foreigners: Legal consultancy is offered to foreigners in the process of acquiring real estate in Turkey, including managing necessary permissions and application processes.
8. Partition Actions: A legal process aiming to resolve joint ownership on a real property is known as a partition action. This type of lawsuit can be initiated to determine the shares of joint ownership and organize property ownership.
9. Collection of Rent Arrears and Tenant Eviction: This includes legal processes initiated for the eviction of a tenant and the collection of rent arrears when the tenant fails to fulfill payment obligations on a leased property.
10. Mortgage Establishment and Release Procedures: Mortgage establishment and release procedures cover the processes of placing a mortgage on a property or removing an existing mortgage. This type of transaction is commonly used as a form of credit collateral. For detailed information about the mortgage process in Turkey, you can review our page on “Mortgage Process in Turkey.”
11. Various Cases Related to Condominium Law: Various cases related to Condominium Law regulate relationships among apartment owners within a building or complex. Such cases can be filed to resolve disputes that may arise.
12. Lawsuits for Annulment of Transactions: Lawsuits for annulment of transactions refer to legal processes initiated to retract or annul transactions made unlawfully on property.
13. Lawsuit for Eviction of Leased Property: A lawsuit for the eviction of leased property is a legal process initiated for the eviction of a tenant when they fail to comply with the terms of the lease agreement or when the property owner requires the tenant’s eviction for specific reasons. For detailed information about the eviction process, you can review our article “Rack Rent in Turkey.”

These services are provided by real estate lawyer in Turkey to protect property owners’ rights, manage legal processes, and assist in conducting transactions smoothly.

THE IMPORTANCE OF REAL ESTATE LAWYER IN TURKEY

Real estate lawsuits involve complex legal processes related to immovable property and are lengthy struggles. The sensitivity and significance inherent in these cases emphasize the expertise of real estate attorneys and increase the demand for professionals in this field. Here are some key points highlighting the importance of real estate lawyers in Turkey

1. Long Processes and Complexity: Real estate lawsuits typically encompass complex legal processes that can last for many years. Matters such as title deeds, property rights, and cases like title cancellation and registration require detailed examination and legal knowledge. A real estate lawyer in Turkey guides and represents clients in these processes, ensuring the effective handling of lawsuits.
2. Protection of Real Rights: Real estate lawsuits impact real rights on immovable property. Protecting ownership rights, ensuring accurate organization of title records, and successfully managing cases like title cancellation and registration require the guidance of an expert attorney.
3. Sensitivity of Property Rights: Property rights are among individuals’ fundamental rights. Real estate lawsuits are initiated to protect or rectify this fundamental right. Given the sensitive nature of property rights, effective defense and protection can be achieved through the intervention of a professional real estate lawyer in Turkey.
4. Scope of Real Estate Law: Real estate law covers a broad legal field, including title cancellation and registration cases, expropriation cases, lease agreements, and many other areas. A real estate law attorney can provide expertise within this wide scope, offering the best legal support to clients.
5. Resolution of Legal Uncertainties: Legal uncertainties are common in real estate lawsuits. Errors in title records, disputes, and breaches of contracts require legal solutions. Real estate lawyers in Turkey eliminate these uncertainties, securing the rights of their clients.

In conclusion, a real estate lawyer in Turkey plays a crucial role in protecting clients’ property rights, correcting or reorganizing title records, and defending real rights in the face of lengthy and complex legal processes. Considering the sensitivity of property rights and the complexities in this field, the guidance of a professional real estate law attorney is key to achieving success in real estate lawsuits.

HOW IS LAWYER REAL ESTATE FEES DETERMINED?

Lawyer real estate fees can vary depending on various factors. Among these factors are the type of services provided by the attorney, their level of experience, areas of expertise, geographical location, and the complexity of the case.

Especially in larger cities, the cost of legal services is generally higher. Therefore, the service fee of a real estate lawyer istanbul, for example, may differ from that in a smaller city.

Since real estate transactions are often complex, the time the attorney dedicates to the job can also influence lawyer real estate fees. However, as each situation is unique, it is important to discuss fees and service conditions in detail before deciding to work with a real estate lawyer in Turkey.

While lawyer real estate fees may vary, it is important to note that charging fees based on the annual Minimum Attorney Fee Tariff, which changes each year, is prohibited.

To seek assistance from a real estate lawyer in Turkey: