Real Property Law

Real Property Law

Real or immovable properties, meaning the properties that cannot be moved from one place to another, include land, detached sections under condominium register, and detached and permanent rights recorded under land registry.

In Turkey acquirement of real property is bound by a strict formal procedure. This procedure involves transfer of property by a sale transaction enacted by a contract made between the buyer and the seller or their authorised representatives vis-à-vis the relevant land registry office. However, sale guarantee agreements can also constitute legal transfer of real properties, provided they meet legal requirements. In addition, transfer by inheritance, registration by court judgement and enforced sale for debt enforcement by hand of enforcement offices are exceptions to requirement of transfer of real property by sale. Care must be taken to check whether the subject real property has any restrictions or encumbrance notes in its land registration record during the transfer by sale transaction. Otherwise, the buyer who fails to perform due diligence on these points at the time of transfer will be deemed to have agreed to any such restrictions and notes.

Construction service must be established before establishing condominium. In a sense, construction service constitutes project approval before the building is completed and condominium is established. After the project is completed construction service will be converted into condominium. Separate and detached ownership rights for owner(s) can be established for building sections like floors, workspaces, warehouses, suites, offices, etc. On the other hand, Land Share is calculated for the detached section under condominium in accord with its location and proportional size. Thus, ownership of the completed detached structure is also established in proportion to the construction land. In case any one of the detached section owners in the structure believes the land share was miscalculated a Land Share Correction Lawsuit has to be filed to correct such miscalculations. In addition, many other types of lawsuits can also be filed on grounds of violation of the Condominium Law.

Nationalisation is the administrative procedure of acquirement of real properties, easement rights on properties and resources required by public institutions in performance of their public duties as defined by law on condition of payment of the corresponding price in cash or in equal instalments. Urgent Nationalisation is the procedure of immediate appropriation of properties by court order, leaving all procedure steps other than valuation to be handled later, in extraordinary cases as defined by relevant Cabinet of Ministers decision or special laws. Value Determination Lawsuits can be filed in case of disputes regarding the nationalisation price paid by institutions authorised to take nationalisation decisions.

Appropriation without nationalisation means claiming actions taken by bodies and institutions to nationalise properties belonging to private law bodies or by restricting property rights by architectural plans without physically claiming the property outside the boundaries of law. In other words, legal action must be taken against the relevant institution in case usage of the real property is restricted by physical means or by architectural plans.

Actions taken to prevent irregular urbanisation, to take measures against natural disasters and to create more liveable living spaces with a planned and programmed approach to urbanisation, especially in metropolitan areas, is referred to as urban transformation. Legal actions can be taken against Urban Transformation actions believed to be unjustified, starting from filing objection against the Risk Determination Report and ranging up to Cancellation Lawsuit.

Transfer of the ownership of a certain share of the land by its holder to a contractor who will construct a structure on the land in consideration of a certain quantity of detached sections in the constructed structure under a contract is referred to as construction contract in consideration of land share. Prerequisite of such contracts is being drawn in official form. Such contracts must be drawn through notaries. Construction Contracts in Consideration of Land Share include composite and large scale provisions forming a Work and Sale Commitment contract encumbering both parties. Any party damaged due to any violation of the contract can refer to legal action to recover their damages.

We provide our clients with result oriented legal support to conclude the process in the shortest possible time and in the most efficient manner with our attorneys specialising in Real Property Law, acting both as attorneys in law and as legal counsellors in regard of lawsuits in or against the favour of our clients, including Zoning Plan Dismissal Suits, Subdivision and Amalgamation Suits, Nationalisation Price Determination and Registration Suits, Suits regarding Appropriation without Nationalisation, Urgent Nationalisation Suits, Suits regarding Lease Contract Notes in Land Registry Record, Land Registry Record Correction Suits, Suits regarding Cession of Notes in Land Registry Record, Land Registration Cancellation and Registration Suits, Suits regarding Cancellation of Restriction on basis of Land Registration and Registration, Unjustified Occupation Damages Suits, Urban Transformation Cancellation Suits and Suits under Condominium Law as well as Damage Suits and Full Judicial Proceedings under Real Property Law.

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