The legal unit that provides protection of the rights of the seller and the buyer in real estate transactions is called Real Estate Law. The lawsuits filed about real estate due to relations between tenants and persons representing institutions or problems arising during the purchase process of real estate are dealt with through this branch of law.
As Istanbul Lawyer Firm, we provide legal advice on the Recovery of Property cases, Real Estate cases, Actio Ex Locato(Rent Cases), Deed Cancellation and Registration cases. Within the scope of Turkish Real Estate Law, we make it possible for you to make legal decisions about the Suit of Partition cases and other fields of law.
Objectives of Real Estate Law in Turkey
Among the purposes of Real Estate Law in Turkey is primarily the elimination of illegal situations. At the same time, litigation in the field of Real Law is among the subjects of interest of Turkish Real Estate Law, which is within the scope of Property Law. Regarding Real Law, the litigation matters dealt with by Turkish Real Estate Lawyers are as follows:
- Litigation arising from mortgage disputes
- Lawsuit to recover property
- Expropriation
- Determination of the rent
- Deed cancellation and registration cases
Turkish Real Estate Law is an area where litigation is mandatory. For this reason, it is necessary to obtain legal advice in this field and to cooperate with lawyers who are experts in their fields. You can get professional consultancy services in Turkish Real Estate Laws inheritance and other areas by contacting us.
Transfer of Real Estate Ownership in Turkey
It is necessary to make a transfer declaration within the framework of Turkish Real Estate Law. After this procedure, transfer and registration procedures are carried out at the Directorate of Land Registry. There are different procedures about the transfer of real estate ownership in Turkey according to the real estate with and without a title.
The registration process is carried out under the Turkish Civil Code for real estate with the title. If the transaction is not performed in the title deed, the transfer of real estate will not take place. Therefore, in the case of title-deed real estate, it is necessary to carry out the transaction officially and legally. Although the land registry is open to everyone, the management of land registration is carried out by the Directorate of Land Registry.
The transfer of real estate without a title does not require official action. Because there is no title to be processed. Therefore, there is no procedural rule for the transfer to be performed. The transfer is made directly to the creditor regarding the deedless real estate. In addition, probative value is not required for deedless real estate. At the same time, a conditional transfer is also the case in point for deedless real estate.
Restrictions on Real Estate Law Regarding Ownership in Turkey
The limitation of the right to property within the scope of Turkish Real Estate Law is carried out for the public welfare. At the same time, restrictions are made in such a way that it is in the best interest of the property owner. These restrictions can be made statutorily and volitionally.
Volitionally limitations arise from contracts. Statutory restrictions, on the other hand, are carried out under the laws contained in the scope of public law and private law. These restrictions are contained in Article 4721 of the Turkish Civil Code.
Real Estate Ownership Law for Foreigners in Turkey
Foreign persons can buy real estate in Turkey if they comply with the legal restrictions. It is appropriate to use this real estate as a workplace or residence. The total area of real estate purchased in Turkey should not exceed 30 hectares. Thanks to the Reciprocity Law, which was amended in 2012, almost all nationalities can buy real estate in Turkey.
The Land Registry and Cadastre Law No. 6302 is applied concerning the ownership of real estate by foreigners in Turkey. The sales transactions should be carried out by applying to the Directorate of Land Registry. In addition, foreign citizens are not required to have a residence permit to buy real estate in Turkey. However, foreign persons who want unlimited residence and work permits in Turkey are required to apply for Turkish citizenship through investment within the scope of the Turkish Citizenship Law.
FAQ About Real Estate Law in Turkey
We have compiled some frequently asked questions in the field of real estate law in Turkey for you.
Can Foreigners Buy Real Estate in Turkey?
Foreign citizens can buy real estate in Turkey. There are legal requirements and limitations to this process. However, it is not necessary for the foreign person who will buy the property to reside in Turkey.
What is the Real Estate Law For Foreigners in Turkey?
Real Estate Law for foreigners includes the articles of the law for foreign nationals to purchase real estate in Turkey.
Is A Lawyer Required to Buy Property in Turkey?
A lawyer is not required directly to buy a property in Turkey. However, there are documents that people must prepare for legal authority applications. Legal advice is required in the preparation of these documents or the preparation of contracts.
