Real estate is both one of our most valuable assets and one of the most frequent sources of dispute. Buying a flat, letting it, dividing it between heirs, or the relationship between owners living in the same building are all governed by detailed rules. This page summarises the main issues encountered in real estate law and how the process works.
How we can help
Purchase, sale and transfer
Reviewing the title deed record, annotations, zoning status and debts before a property is bought; drafting promise-to-sell agreements and handling the notarial process. Protecting your rights in disputes such as a sale that falls through, the return of a deposit or defects in the property delivered.
Actions for cancellation and rectification of title
Actions brought to correct a land register entry that was made on an unlawful basis (Turkish Civil Code, Article 1025). Common grounds include abuse of a power of attorney, lack of legal capacity at the time of the transaction, and transfers made to deprive heirs of their inheritance.
Tenancy
- Drafting and reviewing residential and commercial tenancy agreements
- Determination and adjustment of rent
- Eviction actions: the landlord's need, reconstruction, a written undertaking to vacate, non-payment of rent
- Return of the security deposit and disputes over the return of the property
The law contains many mandatory rules protecting the tenant. For example, the security deposit may not exceed three months' rent (Turkish Code of Obligations, Article 342), and the grounds for eviction are exhaustively listed in the law.
Condominium disputes
Living in the same building requires shared rules. Unpaid service charges and common expenses, interference with common areas, breaches of the management plan and the annulment of decisions of the owners' board are the main issues resolved under the Condominium Law.
Partition of co-owned property
Where a property belongs to more than one person and the co-owners cannot agree on its joint use or sale, partition may be requested. If the property can be divided, the court orders division in kind; if not, it orders a sale and the distribution of the proceeds.
Right of pre-emption
In shared ownership, when one co-owner sells their share to a third party, the other co-owners may exercise their right of pre-emption within certain time limits and buy that share on the same terms. The right must be exercised by bringing an action within three months of learning of the sale and, in any event, within two years of the sale (Turkish Civil Code, Article 733). If the time limits are missed, the right is lost.
Prevention of trespass and compensation for unlawful use
Where your property is used by someone else without permission, you can claim the prevention of trespass and compensation for its unlawful use.
Urban regeneration
Disputes arising from risky building assessments, decision-making between owners, contracts with developers and flat-for-land construction agreements.
Before going to court: mandatory mediation
Since 1 September 2023, applying to a mediator before filing a lawsuit has been mandatory for many disputes arising from tenancy, partition of co-owned property, condominium ownership and neighbour law. If no agreement is reached in mediation, the way to court is open. Which disputes fall within this scope, and how the time limits run, must be assessed on the facts of each case.
How the process works
- First meeting: We listen to your matter and go through the documents you have together.
- Review: The title deed record, contracts, correspondence and official records are examined; where necessary, information is obtained from the land registry office and the municipality.
- Road map: Settlement, mediation and litigation options, with the time, cost and risks of each, are discussed openly.
- Follow-up: Each step along the path you choose is shared with you regularly.
Useful to bring to the meeting
- An up-to-date title deed record (via e-Devlet or the land registry office)
- Any tenancy, promise-to-sell or flat-for-land construction agreement
- Formal notices, official notifications and correspondence with the other party
- Payment receipts (rent, deposit, service charges)
- Zoning status, occupancy permit and project information
- Photographs showing the current condition of the property
Frequently asked questions
- Is there a limit on rent increases?
For residential and covered commercial premises, the increase for a renewed rental year may not, under the law, exceed the twelve-month average change in the consumer price index for the previous rental year (Turkish Code of Obligations, Article 344). As temporary rules may be introduced, the rule in force on the date your agreement is renewed should be confirmed.
- Can a tenant be required to leave after ten years?
At the end of the ten-year extension period, the landlord may terminate the agreement without giving any reason, provided the notice period set out in the law is observed (Turkish Code of Obligations, Article 347). The periods are calculated from the start date of the agreement.
- I paid a deposit and the seller withdrew. What can I do?
The outcome depends on the nature of the payment and on what was agreed between you in writing. The assessment should be made together with proof of payment and the correspondence exchanged.
- Can a property sale be made before a notary?
No. A sale of real estate is valid only if made in official form at the land registry office (Turkish Code of Obligations, Article 237). A promise-to-sell agreement can be drawn up by a notary; it does not transfer ownership but gives the right to demand that the sale be made.
- What can be done if a tenant does not pay the rent?
The tenant can be given written notice of default with a time limit; if payment is not made by the end of that period, enforcement proceedings or an eviction action may follow (Article 315). As a rule, mediation is mandatory before filing a lawsuit in disputes arising from a tenancy.
- How is jointly owned property divided?
If the co-owners cannot agree, termination of co-ownership can be requested; if the property cannot be divided in kind, it is sold and the proceeds are shared (Turkish Civil Code, Article 699). As a rule, mediation is mandatory before filing the lawsuit.
This page is for general information only; every case must be assessed on its own facts.