Real Estate Law
Assistance with title deeds, tenancy and zoning-related matters.
Summary about Real Estate Law
Real estate law covers cancellation and registration of title deeds, partition of joint ownership, tenancy disputes, de facto expropriation and acquisition of property by foreigners under the TMK (Law No. 4721) and TCO (Law No. 6098). At Büyük Law Office, we conduct procedural follow-up to protect property rights, the reliability of the land registry and disputes arising from lease relations in compliance with statutory procedural rules. The legal status of each immovable is assessed separately based on the title deed, existing annotations and competent court rules.
What legal support is provided?
- Title Cancellation and Registration
- Partition of Joint Ownership
- Tenancy and Eviction
- De Facto Expropriation
- Foreign Property Acquisition
In which matters is legal support provided?
Title cancellation and registration cases
Proceedings to correct the land registry under TMK Article 1025 where property rights are impaired due to unlawful registry entries, error, fraud, lesion, fiduciary transactions or forged powers of attorney.
Partition of joint ownership
Peace court proceedings to end joint or co-ownership over immovables by physical partition or sale under TMK Articles 698–699.
Rent determination and eviction cases
Eviction cases based on rent determination and grounds under TCO Articles 344–345 and 350–352 (need, repair, two justified notices or written eviction undertaking).
De facto expropriation and compensation
Determination of value and compensation actions where the administration takes de facto or legal possession of property without lawful expropriation.
Foreign acquisition of property
Acquisition processes for foreign nationals in Turkey, analysis of legal restrictions and follow-up of administrative conformity procedures under Land Registry Law Article 35 (Law No. 2644).
Regional judicial districts and competent courts
Alanya region
Alanya Civil Courts of First Instance have exclusive jurisdiction over title cancellation and registration cases concerning immovables within Alanya district. Legal reviews are conducted in line with existing statutory restrictions on foreign residence in Mahmutlar, Kestel, Kargıcak and Avsallar neighbourhoods.
Manavgat region
The Peace Court is competent for eviction and rent determination cases arising from lease contracts; Manavgat Peace Court has jurisdiction over immovables within Manavgat boundaries.
Serik region (Belek, etc.)
Pre-litigation mediation applications for partition of joint ownership or tenancy disputes in Serik, where tourism centres and agricultural land are concentrated, must be made to Serik Courthouse Mediation Office.
Gazipaşa region
Compensation cases arising from administrative zoning practices or de facto possession within Gazipaşa boundaries fall within the jurisdiction of Gazipaşa courts under the judicial organisation.
Frequently asked questions
Is mediation mandatory in tenancy disputes?
Yes. Under amendments introduced by Law No. 7445, as of 1 September 2023, mediation before filing suit is a mandatory condition of action in eviction, rent determination and adjustment cases arising from lease contracts. The final mediation report must be attached to the statement of claim. However, eviction requests in non-contentious enforcement proceedings under the Enforcement and Bankruptcy Law are not initially within mandatory mediation at the commencement stage.
What is the limitation period in de facto expropriation cases?
Following Constitutional Court annulment decisions, the 20-year forfeiture period for determination of value and compensation actions concerning property to which the administration has de facto taken possession has been removed. These cases are therefore not subject to limitation or forfeiture under current legislation.
Is there a special condition for foreigners buying agricultural land?
Foreign nationals who acquire agricultural land must submit an agricultural development project for approval by the relevant ministry within 2 years.
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