Real Estate Lawyer

Real estate is among the most significant economic assets owned by individuals and corporations. Legal errors made during the purchase, sale, lease, transfer of a property, or the establishment of a right over a property can lead to substantial financial losses and protracted disputes.

A real estate lawyeris an attorney who provides consultancy in legal transactions concerning real estate, examines real estate disputes, and manages lawsuits and other legal proceedings when necessary.

Based in Istanbul Beylikdüzü, As Batın Yılmaz Law Firm; Beylikdüzü, Esenyurt, Büyükçekmece, Avcılar, and Küçükçekmece we provide legal consultancy and advocacy services for disputes arising from real and immovable property law throughout Istanbul, with a primary focus on

Immovable property purchase and sale transactions, title deed disputes, title deed cancellation and registration lawsuits, lease disputes, eviction lawsuits, partition of property (ortaklığın giderilmesi), occupational compensation (ecrimisil), prevention of encroachment (el atmanın önlenmesi), condominium and floor easement disputes, construction agreements in exchange for land shares, and other legal processes arising from real estate law are evaluated based on the specific circumstances of each case.

What Does a Real Estate Attorney Do?

The duty of a real estate lawyer is not limited to filing lawsuits regarding properties. Conducting due diligence prior to the acquisition of real estate is also crucial in terms of preventing potential future disputes.

Depending on the nature of the specific case, a real estate lawyer provides:

• Examination of title deed records,
• Assessment of mortgages, liens, and other encumbrances on the property,
• Drafting and review of real estate sales contracts,
• Drafting of real estate promise-to-sell agreements,
• Legal consultancy in real estate acquisition and sale transactions,
• Pursuit of title cancellation and registration lawsuits,
• Evaluation of title deed and ownership disputes,
• Drafting and review of lease agreements,
• Pursuit of rental fee disputes,
• Execution of eviction lawsuits,
• Assessment of ecrimisil (mesne profits) claims,
• Pursuit of actions for prevention of encroachment,
• Execution of partition suits (termination of joint ownership),
• Evaluation of condominium and floor easement disputes,
• Drafting and review of construction agreements in exchange for land share,
• Resolution of disputes between contractors and property owners,
• Management of legal proceedings regarding defective or incomplete property deliveries,
• Conducting mandatory mediation processes in real estate disputes,
• Following up on litigation, appellate (istinaf), and, where conditions are met, supreme court appeal (temyiz) proceedings

and similar legal services can be provided.

What Is Real Estate Law?

Real Estate Law, is the branch of law governing legal relationships regarding real estate ownership and other in rem and personal rights over properties.

Within the scope of real estate law;

• real estate ownership,
• title deed transactions,
• real estate sales,
• lease agreements,
• condominium ownership,
• easement,
• limited real rights on immovable property,
• partition of property,
• mesne profits (ecrimisil),
• prevention of encroachment,
• construction agreements in exchange for land share,
• deed cancellation and registration

and many other legal matters.

Since a significant portion of real estate disputes involves high economic value, it is crucial to conduct a detailed legal review prior to any transaction or litigation.

What Types of Cases Does a Real Estate Attorney Handle?

The types of lawsuits handled by a real estate attorney vary depending on the nature of the dispute.

Principal real estate lawsuits include:

• Deed cancellation and registration lawsuits,
• partition lawsuits,
• Ecrimisil (mesne profit) lawsuits,
• Actions to prevent unlawful intervention (ejectment/prevention of encroachment),
• Rental and eviction lawsuits,
• Rental determination lawsuits,
• Condominium ownership disputes,
• Land share disputes,
• Disputes arising from real estate sales,
• Lawsuits arising from real estate contracts,
• Disputes between contractors and property owners,
• Compensation claims arising from defective real estate,
• Ownership disputes

may be found.

However, it is not possible to file the same type of lawsuit in every real estate dispute. First, title deed records, contracts, actual use, and the legal grounds of the dispute must be evaluated together.

Attorney Support in Real Estate Acquisitions

A legal due diligence conducted before purchasing a real estate property can help prevent many problems that may arise after the purchase.

Before purchasing real estate;

• Title deed records,
• Owner information,
• Mortgages,
• Attachment,
• Easements,
• Encumbrances,
• Annotations,
• Condominium or floor servitude status,
• Zoning status,
• The legal status of the property,
• The content of the sales contract

and the examination of such matters may be of significance.

Particularly in high-value real estate transactions, focusing solely on the purchase price and the physical condition of the property is insufficient. The legal status of the property must also be evaluated prior to purchase.

Attorney Support in Real Estate Sales

Clearly defining the rights and obligations of the parties in real estate sales transactions is crucial for preventing potential future disputes.

In particular;

• purchase price,
• payment plan,
• deed transfer,
• delivery date,
• penal clause,
• earnest money / deposit,
• current legal status of the property,
• mortgages and liens,
• conditions for termination of the contract

matters such as these must be clearly regulated.

Conducting a legal due diligence prior to the sale of the real estate can help protect the rights of both the buyer and the seller.

Title Deed Records and Title Examination

The title deed record of a property is one of the fundamental documents for determining the legal status of the real estate.

During a title deed examination, simply determining in whose name the real estate is registered may not be sufficient.

On the real estate;

• mortgage,
• attachment/lien,
• usufruct right,
• easement,
• family residence annotation,
• annotation of promise to sell,
• injunction,
• other annotations and declarations

it may be necessary to examine whether any exist.

Therefore, it is crucial to conduct a legal review of the title deed record, especially before purchasing real estate.

Title Cancellation and Registration Lawsuit

Title deed cancellation and registration lawsuit, is a type of lawsuit aimed at canceling a record in the land registry that is alleged to have been unlawfully created and registering the real estate in the name of the rightful owner.

The legal ground of the dispute is of great importance in title deed cancellation and registration lawsuits.

For example;

• Simulated transaction (Muvazaa),
• Inheritance-related simulation (Muris muvazaası),
• Fraud,
• Mistake,
• Unauthorized transaction,
• Breach of fiduciary duty under a power of attorney,
• Fiduciary transactions,
• Disputes arising from cadastral surveys

and similar different legal grounds may arise.

It is not possible to rely on the same legal grounds in every title deed dispute.

Under What Circumstances Is a Title Cancellation and Registration Lawsuit Filed?

The legal grounds upon which a title deed cancellation and registration lawsuit may be filed vary depending on the specific circumstances of the case.

For example, it may be claimed that the immovable property was registered in the name of a person other than the actual rightful owner, that the title deed transaction was based on an invalid legal transaction, or that there was an illegality in the transfer of the property.

In such lawsuits;

• title deeds,
• contracts,
• powers of attorney,
• payment documents,
• inheritance certificates,
• witness statements,
• expert witness examinations

such evidence may be of significance.

Real Estate Sales Agreement

It is important that contracts regarding the sale of real estate are prepared in a legally valid manner.

In the contract;

• identifying information of the parties,
• clear details of the immovable property,
• purchase price,
• payment method,
• timing of the title deed transfer,
• delivery,
• expenses,
• penal clauses,
• conditions for withdrawal from or termination of the contract

clearly regulating such matters can reduce the risk of disputes.

In real estate sales transactions, strict attention must also be paid to the formal requirements prescribed by law.

Promise to Sell Agreement for Immovable Property

A promise to sell real estate is a contractual relationship aimed at executing the sale of the property in the future.

Regarding the validity of a promise to sell contract and its enforceability against third parties, matters concerning formalities, notary procedures, and the land registry are of significance.

Therefore, it is important to examine the legal consequences of the contract before signing a promise to sell agreement.

Earnest Money and Withdrawal in Real Estate Transactions

In real estate sales, making a deposit or down payment between the parties is a frequently encountered situation.

However, whether the paid amount legally qualifies as earnest money, down payment, commitment fee, or cancellation fee must be evaluated based on the content of the contract and the specific circumstances of the case.

Therefore, drawing legal conclusions solely based on statements such as “I paid a deposit” or “I received a deposit” is not accurate.

Clearly stating the legal nature of the payment in the contract can help prevent disputes.

Rental Law and Real Estate Attorney

One of the significant areas of real estate law is tenancy relations.

In residential and roofed workplace leases;

• lease agreements,
• rental fee,
• determination of the rent amount,
• rent increase,
• eviction,
• default,
• eviction due to necessity,
• eviction due to reconstruction and zoning,
• use of the leased property,
• security deposit,
• rental receivables

may arise regarding various legal matters.

Current legislation and the specific facts of the case are particularly important in lease disputes.

Eviction Lawsuits

The legal process for the eviction of the tenant from the real estate varies depending on the grounds for eviction.

For example;

• non-payment of the rent,
• personal use,
• personal use by the new owner,
• two justified notices,
• written eviction commitment,
• reconstruction or zoning,
• such as the expiration of the lease term and the fulfillment of statutory conditions

different reasons may arise.

It is important to determine the correct legal grounds during the eviction process and to fulfill the required notices or prerequisite conditions for filing a lawsuit.

Determination of Rental Price and Rent Determination Lawsuit

In the event of a dispute between the parties regarding the redetermination of the rent amount, a rent determination lawsuit may be brought provided that the statutory conditions are met.

In determining the rent amount;

• the location of the real property,
• nature/status,
• the intended use,
• comparable rent amounts,
• the existing lease relationship,
• the duration of the agreement,
• current economic conditions

such factors may be evaluated.

Since the date of the specific incident is critical regarding the time limits and procedural rules concerning rent determination, a legal review must be conducted before filing a lawsuit.

Mesne Profits Lawsuit (Ecrimisil)

Mesne profit (Ecrimisil), is one of the legal claims that can be brought for compensation for the use of a real property, which arises when it is wrongfully occupied by a person who has no right to it.

In ecrimisil disputes;

• ownership of the real property,
• whether there is a legal basis for the use,
• when the use began,
• how the real property was utilized,
• comparable rental or usage values

and similar matters may be of significance.

Lawsuit for Prevention of Infringement (El Atmanın Önlenmesi)

An ejectment action (el atmanın önlenmesi davası) may be brought in order to terminate the unlawful interference with the property owner's right of ownership.

Depending on the nature of the unlawful interference;

• use of the real property,
• construction on the immovable property,
• boundary violation,
• interference with the right of way or use

and similar situations may arise.

If economic loss has also occurred for a past period due to wrongful use, a claim for ecrimisil (mesne profits) may also be brought up depending on the specific circumstances of the case.

Lawsuit for Dissolution of Partnership (Ortaklığın Giderilmesi)

In cases where an immovable property is owned by more than one person and the co-owners wish to terminate the co-ownership, lawsuit for the termination of co-ownership may come up.

Different outcomes may arise depending on whether it is possible to physically partition the immovable property or whether the co-ownership can be terminated through a sale.

In lawsuits for the termination of co-ownership, the nature of the immovable property, the status of the stakeholders, and whether physical partition is possible are of significance.

Condominium and Floor Servitude Disputes

Numerous legal disputes may arise among condominium owners in apartment and gated community living.

Among these;

• use of common areas,
• dues,
• management plan,
• decisions of the board of condominium owners,
• actions of the property manager,
• intended use of independent units,
• common expenses,
• alterations to the building,

such disputes may arise.

In disputes regarding condominium ownership, Condominium Law No. 634 and the management plan must be evaluated together.

Construction Agreement in Exchange for Land Share

Construction agreements in exchange for land share are complex contracts established between landowners and contractors that concern not only real estate law but also contract and construction law.

In the contract;

• scope of construction,
• delivery date,
• allocation of independent units,
• the transfer of land shares,
• delay,
• penal clause,
• incomplete and defective works,
• termination,
• title deed transfers

and similar matters must be regulated in detail.

Conducting a legal due diligence before signing the contract is particularly important in high-value projects.

Real Estate Disputes Arising from the Contractor

Various disputes may arise between the contractor and the property owner or the buyer of the independent section.

For example;

• late delivery of the residence,
• incomplete work,
• defective work,
• non-compliant construction,
• the independent section not conforming to the contract,
• incomplete construction of common areas,
• occupancy permit (iskan) issues

and similar situations may give rise to legal claims.

In the resolution of the dispute, the contract, technical specifications, delivery documents, and the actual physical condition of the immovable property must be examined together.

Defective Real Estate and Incomplete Works

If the purchased residential or commercial property lacks the features agreed upon in the contract or contains a latent defect, various legal rights of the buyer may arise.

Particularly in real estate purchased from new projects;

• incomplete manufacturing,
• non-compliance with technical specifications,
• waterproofing issues,
• construction defects,
• deficiencies in common areas,
• undelivered sections

such problems may arise.

Which legal claims can be asserted must be determined based on the date of purchase, the content of the contract, and the nature of the defect.

Mediation in Real Estate Disputes

In certain real estate disputes, before filing a lawsuit, mandatory mediation is a mandatory requirement.

Mandatory mediation provisions are of particular importance in rental disputes.

Depending on the nature of the dispute, the mediation process may need to be completed before filing a lawsuit.

Therefore, it is important to check whether mandatory mediation is required for the dispute prior to initiating legal proceedings.

Jurisdiction and Venue in Real Estate Lawsuits

The competent court in real estate disputes varies depending on the type of dispute.

For example;

• deed cancellation and registration,
• rental,
• partition of property,
• condominium ownership,
• mesne profits (ecrimisil),
• prevention of interference

Each of such lawsuits may be subject to different rules regarding subject-matter jurisdiction and venue.

In certain real estate lawsuits, the court where the property is located may have exclusive venue.

Therefore, prior to filing a lawsuit, the nature of the dispute must be determined and both the competent court and the correct venue must be accurately identified.

How Long Do Real Estate Lawsuits Take?

It is not possible to provide a single limitation period for all real estate lawsuits.

Duration of the lawsuit;

• depending on the type of dispute,
• the legal status of the immovable property,
• to the expert examination,
• conducting an on-site inspection,
• hearing witnesses,
• examining land registry records,
• the scope of the case file,
• the court's workload,
• appeal or cassation proceedings

may vary depending on.

Particularly in deed cancellation and registration, partition of property (ortaklığın giderilmesi), and complex property disputes, the scope of the case file can significantly affect the duration of the litigation.

Statutes of Limitations and Time Bars in Real Estate Lawsuits

The same statute of limitations or forfeiture period does not apply to every lawsuit concerning real estate disputes.

While some claims are subject to a statute of limitations, others may involve forfeiture periods. Furthermore, certain property disputes may be subject to different legal rules due to their nature.

Therefore, providing a single answer to the question "How many years is the statute of limitations in a real estate lawsuit?" without knowing the type of dispute is not accurate.

The date of the specific incident, the nature of the transaction, and the cause of action must be evaluated together.

How Much is a Real Estate Lawyer's Fee?

There is no single fixed fee for a real estate attorney.

The fee;

• the value of the property,
• the nature of the dispute,
• the type of lawsuit,
• the scope of the case,
• the legal proceedings to be conducted,
• expert witness and site inspection processes,
• the scope of the litigation or consultancy service

may vary based on factors such as these.

In the determination of attorney's fees, the applicable Union of Turkish Bar Associations Minimum Wage Tariff and relevant legislation are also taken into consideration.

Particularly in lawsuits involving high-value properties, the economic value of the case and its legal scope must be separately evaluated when determining fees.

Is It Mandatory to Hire a Real Estate Lawyer?

There is no statutory obligation to retain an attorney for all real estate transactions or lawsuits.

However, due to the high economic value of real estate and the critical importance of formal requirements, procedural deadlines, jurisdiction, venue, and evidentiary rules in real estate law, obtaining professional legal support may be advisable.

In particular;

• prior to purchasing real estate,
• in high-value real estate sales,
• in deed cancellation and registration lawsuits,
• in construction agreements in exchange for land share,
• in lawsuits for the dissolution of partnership,
• in eviction and rental disputes

legal counsel can help mitigate the risk of loss of rights.

What to Consider When Choosing a Real Estate Lawyer

Real estate disputes can lead to serious economic consequences due to the high value of the property.

Therefore, when choosing a real estate attorney;

• experience in property law,
• ability to examine title deed records from a legal perspective,
• mastery of real estate agreements,
• experience in deed cancellation and registration lawsuits,
• mastery of rental and eviction processes,
• ability to monitor expert witness and on-site inspection processes,
• ability to evaluate construction agreements in return for land share,
• ability to clearly communicate the risks of the process to the client

such elements must be taken into consideration.

In real estate law, not only filing lawsuits, but also preventing disputes before they arise, where possible, constitutes an important legal service.

Frequently Asked Questions

What does a real estate lawyer do?

A real estate lawyer provides legal consultancy and advocacy services in real estate purchases and sales, title deed transactions, title deed disputes, rent and eviction, termination of co-ownership, ecrimisil (mesne profits), condominium ownership, and other immovable property disputes.

Is a lawyer necessary when purchasing real estate?

Although not mandatory, having a title deed and contract review conducted prior to purchase can be crucial, particularly for high-value properties.

What is a title deed cancellation and registration lawsuit?

It is a type of lawsuit aimed at cancelling an allegedly unlawful entry in the land registry and registering it in the name of the rightful owner.

In which circumstances is a title deed cancellation and registration lawsuit filed?

When it is claimed that a title deed registration is unlawful due to legal grounds such as simulation (muvazaa), simulation involving heirs (muris muvazaası), fraud, mistake, breach of proxy duty, fiduciary transactions, and similar legal reasons, a title deed cancellation and registration lawsuit may be brought depending on the specific circumstances of the case.

What is a lawsuit for the dissolution of partnership (ortaklığın giderilmesi davası)?

It is a lawsuit filed to terminate shared ownership (paylı mülkiyet) or joint ownership (elbirliği mülkiyeti) over a real estate property or another asset.

What is ecrimisil (mesne profit / compensation for unjust occupation)?

It is the compensation for use that can be claimed, upon fulfillment of the conditions, due to the wrongful use of a real estate property by a person who is not the rightful owner.

What must be done to evict a tenant?

The eviction process varies depending on the ground for eviction. Different procedures may apply based on non-payment of rent, personal need, a written eviction commitment, or other legal grounds.

What is a rent determination lawsuit (kira tespit davası)?

It is a lawsuit aimed at the redetermination of the rent amount within the framework of legal conditions.

What factors should be considered when drafting a real estate sales contract?

The property details, sales price, payment plan, title deed transfer, delivery, penal clauses, conditions for contract termination, and the other rights and obligations of the parties must be clearly stipulated.

Can I buy a house with a registered mortgage on the title deed?

Although the sale of a property with an existing mortgage is legally possible, the buyer must be aware of the nature of the mortgage and its impact on the property following the sale. It is important to conduct a legal review of the title deed records prior to purchase.

What can be done if a house purchased from a contractor turns out to be defective?

The legal remedies applicable in the event of a defective or incomplete delivery of the property are determined based on the contract, the nature of the defect, the delivery date, and other specifics of the case.

In which court is a real estate lawsuit filed?

The competent court varies depending on the type of dispute. In certain real estate lawsuits, the court of the location where the property is situated may have exclusive jurisdiction.

How long does a real estate lawsuit take?

The duration of the lawsuit may vary depending on the type of dispute, the scope of the case file, expert witness and on-site inspection procedures, the court's workload, and appellate review processes.

How much is the real estate attorney's fee?

The fee is determined based on the value of the property, the nature of the lawsuit or legal proceeding, the scope of the file, and the procedures to be carried out. The current Minimum Attorney Fee Tariff is also taken into consideration.

Can foreigners buy real estate in Turkey?

Foreign individuals who meet the statutory requirements may acquire property in Turkey. However, the foreign national's citizenship, the characteristics of the property, and other statutory limitations must be evaluated separately. TKGM publishes current legislation and transaction guides regarding the acquisition of real estate by foreigners.

Legal Support in the Field of Real Estate Law

Legal issues arising from real estate transactions can lead to serious consequences due to the economic value of the property. Therefore, conducting legal due diligence before purchasing a property or signing a significant real estate contract can help prevent future disputes.

Batın Yılmaz Law Firm, based in Beylikdüzü, Istanbul as; Beylikdüzü, Esenyurt, Büyükçekmece, Avcılar, and Küçükçekmece we provide legal consultancy and advocacy services within the scope of real estate law throughout Istanbul, particularly in

Our services include:

• Legal consultancy in real estate acquisitions and sales,
• Title deed examination,
• Deed cancellation and registration lawsuits,
• Lease and eviction disputes,
• Rental determination lawsuits,
• Mesne profits (ecrimisil),
• Prevention of encroachment (el atmanın önlenmesi),
• Dissolution of partnership (ortaklığın giderilmesi),
• Condominium ownership disputes,
• Construction agreements in exchange for land share,
• Disputes arising from contractors,
• Disputes arising from defective and incomplete real estate delivery

are set forth.

At every stage, from the acquisition of the immovable property to the execution of the litigation process, the appropriate legal remedy is determined by evaluating the specific legal characteristics of the concrete case.

You may contact us to receive legal support regarding your real estate transaction or property dispute.

Legal Disclaimer: The information on this page has been prepared for general informational purposes. The legal remedy to be applied in real estate law may vary depending on the nature of the immovable property, title deed records, contracts, the type of dispute, the date of the incident, and current legislation. General information available on the internet does not constitute a concrete legal opinion or legal representation services.