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Real Estate Law

Real Estate Law

In the Turkish legal system, real estate law is an important branch of law that deals with the acquisition, use, transfer of immovable properties and regulation of rights over immovables. Real estate transactions, which are under the guarantee of the land registry system in Turkey, form the basis of private property and economic investments.

Basic Principles of Real Estate Law

The basic principles observed in Turkish real estate law are

Principle of Publicity of Land Registry

The land registry is open to everyone, and relevant persons can examine the records in the registry.

Principle of State Responsibility

The state is responsible for damages arising from the keeping of land registry.

Principle of Registration

Rights over real estate are, as a rule, acquired through registration in the land registry.

Principle of Protection of Trust

The trust of good-faith third parties who rely on the accuracy of land registry records is protected.

Principle of Causality

In Turkish law, the registration process must be based on a valid legal cause.

Ways of Acquiring Real Estate

The ways of acquiring real estate in Turkish law are as follows:

Acquisition through sale is the most common method of real estate acquisition. It is carried out through a notarized promise to sell agreement and official deed arrangement at the land registry office. For inheritance transfer of real estate, application is made to the land registry office with the certificate of inheritance. In acquisition through enforcement, it is possible to acquire real estate as a result of execution and bankruptcy sales. Expropriation is the transfer of private property to the public for public benefit purposes.

 

Rights Over Real Estate

Various rights can be established over real estate:

The right of ownership is the most comprehensive real right. The owner can exercise the powers provided by the right of ownership within the limits of the legal order. Limited real rights include easement rights, real estate obligations, and pledge rights (mortgage). Personal rights include the right of lease, promise to sell, and right of pre-emption.

Condominium Law

Condominium ownership is specially regulated in Turkish law. The condominium system includes special concepts and institutions such as independent sections, common areas, management plan, and board of unit owners.

Foreign Real Estate Acquisition

Foreign real estate acquisition in Turkey, especially in Istanbul, is subject to special regulations. The principle of reciprocity is observed, legal restrictions are applied, restrictions in military and strategic zones are taken into account, and special permission procedures are followed.

Real Estate Disputes

Common types of disputes in real estate law in Turkey consist of title deed cancellation and registration lawsuits, elimination of joint ownership lawsuits, cadastral lawsuits, prevention of interference lawsuits, and condominium ownership disputes.

Our Approach as Soylu Law Office

As Soylu Law Office located in Istanbul, we provide comprehensive legal support to both domestic and foreign clients in the field of real estate law. Our experienced legal team provides services in a wide range from planning real estate projects to purchase and sale transactions, from condominium ownership disputes to construction law. Especially for our foreign clients who want to invest in real estate in Istanbul and other regions of Turkey, we stand by them as a reliable solution partner in complex processes with our professional translation service that eliminates the language barrier and our international real estate law experience.

Our office ensures the most effective protection of our clients’ legal rights by providing in the field of real estate law:

Legal consultancy

Multilingual service

International law experience

International protection applications

Professional solution strategies

Taking into account the technical structure and economic importance of real estate law, we closely follow current legislation changes and judicial decisions, working to provide the most accurate legal guidance to our clients in Istanbul and throughout Turkey. As Soylu Law Office, we are honored to serve you with our knowledge and experience in the field of real estate law.

For more detailed information on Real Estate Law in Turkey, you can contact us on our contact page.

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Call : +90 537 430 7573

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