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Real Estate Law

Real estate law falls within Property Law, an important branch of Civil Law, and is an area of law that closely concerns all segments of society. It encompasses a wide range of legal matters, including the purchase and sale of real estate, leasing and renting, real estate investments, land registry cancellation and registration, dissolution of co-ownership, cancellation of title deed transfers due to sham transactions, claims for compensation for unlawful occupation (ecrimisil), actions for the prevention of unlawful interference, and pre-emption (right of first refusal) claims. Lawsuits concerning the cancellation and registration of title deeds arising from zoning and land development practices also play an important role in this field.

In addition, we provide comprehensive legal support for the establishment and release (cancellation) of mortgages, as well as all types of disputes arising from mortgage transactions. Our specialised team carefully manages every stage of mortgage-related procedures and takes decisive steps to protect our clients’ rights.

Real estate law is essential not only in disputes concerning existing properties but also throughout the development and implementation of construction projects. Accordingly, we support our clients by providing legal advisory services during the planning stages of construction projects and preparing, drafting, and, where necessary, revising legal documents such as construction agreements in return for land shares.

At Unilaw Law Firm, we provide comprehensive and solution-oriented legal advisory services in real estate law to property owners and investors. With our specialised team’s knowledge and experience in protecting clients’ rights and effectively managing legal proceedings, we stand by our clients at every stage.

Unilaw Law Firm provides reliable, comprehensive, and solution-oriented real estate legal advisory services to individuals, investors, and corporate property owners through its team of specialised lawyers. Real estate law covers not only the protection of ownership rights but also a broad range of matters, including tenancy relationships, title deed transactions, mortgages, construction projects, and co-ownership.

What Is Real Estate Law?

Real estate law is a branch of law within Property Law, which forms part of Civil Law, dealing with rights over immovable property, transactions relating to those rights, and related disputes. Key concepts in this field include ownership rights, land registry transactions, leasing, eviction, mortgages, pre-emption (right of first refusal), easements, and usufruct rights.

Unilaw provides clients with effective, practical, and legally compliant solutions for all types of property-related legal matters, supported by the expertise of an experienced real estate lawyer.

Title Deed and Property Ownership Disputes

Among the most common disputes concerning immovable property are title deed cancellation and registration lawsuits, actions for cancellation of title deeds, lawsuits for the dissolution of co-ownership, and title deed cancellation due to sham transactions. Unilaw provides active legal representation in such property disputes, including evidence gathering, expert witness coordination, and court proceedings.

We also help clients establish their rights over inherited properties in matters involving certificates of inheritance, including questions such as what is a certificate of inheritance, and facilitate title deed transfer procedures efficiently and in accordance with the law.

Tenancy Law and Related Proceedings

The rights of both landlords and tenants in residential and commercial leases are regulated under the Turkish Code of Obligations No. 6098. The most common matters include:

  • Drafting lease agreements and rental contracts
  • Termination of lease agreements and eviction proceedings
  • Eviction undertakings and their validity requirements in practice
  • Filing and managing eviction lawsuits
  • Determining market rental values through rent determination lawsuits
  • Providing information and guidance on rental income tax

In tenancy disputes, detailed legal assessment is particularly important when determining the validity of documents such as sample eviction undertakings.

Condominium Ownership, Easements, and Construction Law

Issues such as what is condominium ownership, what is a construction servitude, and what does construction servitude mean are critical when determining ownership rights in newly developed projects and existing buildings. Unilaw provides legal advisory services concerning construction agreements in return for land shares, land share ratios, management plans, and family residence annotations.

We also provide legal services in numerous areas aimed at protecting rights over immovable property, including:

  • Questions concerning property restrictions, such as what is an easement right and what is a usufruct right
  • Establishment of mortgages and release (cancellation) of mortgages
  • Expropriation-related disputes arising under the Expropriation Law, including unlawful de facto occupation without formal expropriation and compensation determination lawsuits

Real Estate Investments and Preventive Legal Services

Property acquisitions for investment purposes may lead to costly disputes if transactions are carried out without prior legal risk assessments. Unilaw helps secure the process from the outset through preventive legal services in areas such as:

  • Reviewing title deed history
  • Examining zoning plans and construction permits
  • Identifying co-ownership and mortgage-related risks
  • Drafting preliminary real estate sale agreements

Secure Real Estate Legal Services with Unilaw

  • Expertise: A team of real estate law attorneys with years of experience in matters requiring specialised legal knowledge
  • Experience: A solution-oriented approach to urban transformation projects, mass housing disputes, commercial real estate, and individual property disputes
  • Transparency: Effective case management, with clients kept informed at every stage
  • Efficiency and Reliability: Time and cost advantages through out-of-court settlements

Obtain Legal Advice on Real Estate Law

If you require professional assistance with real estate transactions, tenancy relationships, or title deed disputes, Unilaw Law Firm is here to support you at every stage. Our team of specialised property lawyers and real estate law attorneys provides fast, effective, and legally sound solutions.

Frequently Asked Questions

A lease agreement is a written document that sets out the mutual rights and obligations of the tenant and the landlord. It should clearly specify key terms such as the rental amount, payment date, security deposit, eviction conditions, and any eviction undertaking. Although a written agreement is not legally mandatory, it is recommended to facilitate the proof of the agreed terms.

An eviction undertaking is a document in which a tenant agrees to vacate a property on a specified date. To be considered valid, it must be signed by the tenant in their own handwriting, after the lease agreement has been concluded, and of their own free will. Otherwise, it may be deemed invalid.

A construction servitude is a real right established in advance in the land registry over independent units of a building to be constructed on a plot, in accordance with the approved building project. Once construction is completed and an occupancy permit is obtained, it can be converted into condominium ownership.

A certificate of inheritance is an official document identifying the legal heirs of a person following their death. It can be obtained from a notary public or the Civil Court of Peace. Transactions such as title deed transfers cannot be completed without this document.

A title deed transfer is completed when the buyer and seller jointly apply to the Land Registry Office. Required documents include identification documents, the title deed, tax identification details, and documents indicating the sale price. The transaction may also be carried out through a notarised power of attorney, with the consent of the parties.

A lawsuit for the dissolution of co-ownership (izale-i şuyu) is a legal action brought to divide or sell immovable property jointly owned by multiple individuals. Any co-owner may initiate such proceedings. In most cases, the property is sold and the proceeds are distributed among the co-owners.

A rent determination lawsuit may be filed to adjust the rental amount under lease agreements where the lease term has exceeded five years or the existing rent has become inconsistent with comparable market rates. A formal notice must be served at least 30 days before the start of the new rental period, or a lawsuit may be filed directly.

An easement right is a limited real right established over one immovable property for the benefit of another. Rights such as rights of way and water usage rights fall within this category. It becomes legally effective through registration in the land registry.

A usufruct right grants an individual the right to fully use and benefit from property owned by another person. It is generally granted for the lifetime of the beneficiary. The right terminates upon expiry of its term, the death of the beneficiary, or voluntary renunciation. It is removed from the land registry through a cancellation (deregistration) procedure.

A family residence annotation is a legal safeguard that prevents one spouse from selling or leasing the family home without the other spouse’s consent. It can be registered through an application to the Land Registry Office, accompanied by a marriage certificate. It is particularly important for protecting the rights of non-owner spouses.

Expropriation is the acquisition of privately owned immovable property by the state in return for compensation on grounds of public interest. If the property owner considers the compensation insufficient, they may file a lawsuit for the determination and increase of expropriation compensation. The time limit for taking legal action is limited.

The parties may terminate fixed-term or indefinite-term lease agreements in circumstances provided for by law, such as the existence of valid legal grounds, service of written notice, or expiry of the contractual term. Unlawful termination may give rise to claims for compensation.

Rental income must generally be declared every March. Tax is payable on residential rental income if the annual exemption threshold is exceeded. Failure to declare rental income may result in late payment interest and penalties. Different tax provisions apply to commercial properties.

An eviction lawsuit may be filed on grounds such as an eviction undertaking, non-payment of rent, or use of the property in breach of the lease agreement. The Civil Court of Peace has jurisdiction over these cases. Proceedings may take between six months and one year, depending on the circumstances.

A real estate lawyer provides legal advice and representation in matters such as title deed transactions, real estate purchase and sale agreements, condominium ownership disputes, eviction proceedings, and property ownership issues arising from inheritance.

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