Real Estate (Immovable) Law

Real Estate (Immovable) Law and Lawsuits

Real estate law has been included in civil law in our legal system. Real estate law and lawsuits, constitues in relation to property law and in terms of the provisions of the Turkish Civil Code a wide and diverse spectrum of legislation such as Forest Law, Land Registry Law, Law on Conservation of Cultural and Natural Assets, Expropriation Law, Property Ownership Law.

Real Estate (Immovable) Law is the whole of the legislation that includes the acquisition, transfer, registration or cancellation of real estate for personal or commercial purposes, changing the qualities of these real estates, establishing limited real rights on real estates or the rental of the real estates.

Immovables such as houses, plots,  apartments and all the rules regarding these immovables are regulated within the scope of real estate law.The subject of the real estate property, the acquisition, loss of real estate property, real estate immovable purchase, sale and rental, determination of the complaince of the zoning and construction projects with the law, obtaining the necessary permits and licenses in the transactions to be made, cancellation of the acquired title deeds or title deed registration, lawsuit filed to obtain the title deed  the arrangement of lease agreements, recording independent and permanent rights  on a separate page in the land registry, recording independent sections registered in the condominium registry, concluding transfer agreements, construction agreements in return for apartments, securing liens and mortgages, deed transactions and establishment of real rights are only a few topics of real estate law.

The broadness  of the real estate sector, the complexity, variety and scope of real estate law and lawsuits necessitate and oblige that all litigation, business, transaction, contract, investment, purchase-sale, registration and related real estate lawsuits needs to be carried out with due diligence and knowledge.  Irreparable damages and loss of rights are likely if this  obligation is not taken seriously, therefore getting legal support from lawyers who are experts and experienced in the field of real estate (immovable) law cases is of vital importance.

Güneş & Güneş Law Firm with its experienced lawyers  in all areas of real estate law, has 25 years of real estate immovable litigation experience. Güneş & Güneş Law Firm provides advocacy and legal consultancy services in real estate law and cases throughout Turkey, especially in Antalya.

The Legal Services provided by our Specialized and Experienced Lawyers of  Güneş & Güneş Law Firm, to our domestic and Foreign Clients concerning Real Estate Law and lawsuits are as follows;

• Legal Consultancy in International Standards and Preparation of All Kinds of Contracts for Domestic and Foreign Investors During and After the Investment Decision.
• Preparation of the Road Map for the Establishment of Floor Easement and Condominium Ownership, Execution of the Registration Procedures and Resolving Disputes,
• Preparation of Apartment, Site Management Plans within the Framework of the Condominium Ownership Law, Consultancy in the General Assembly Meetings of the Apartment or Site, Management of the Process, Preparation of the General Assembly and the Preparation of the Minutes, Execution and Follow-up of the Registration Procedures of the Site Management Plan before the Land Registry Office and Notaries, and Disputes Regarding These Matters Resolving Negotiations and Litigation,
• Making Preliminary Sales Contracts, Litigation for Abandonment of Deed Resulting from These Contracts and Process Management,
• Preparation of Real Estate Sales Contracts, Title Deeds, Follow-up of Transfer Transactions and Process Management services
• Presence and Representation During the Sale Transactions at the Land Registry,
• Establishing the Real Estate Guarantees Necessary for the Financing of Real Estate Projects, Contacting and Negotiating with Domestic and Foreign Fund and Credit Institutions, Consulting and Representation in the Meetings,
• Establishment of Real Estate (Immovable) Mortgage, Mortgage Cancellation, Mortgage Cancellation Case, Existing Mortgage Removal Process Management and Litigation Advocacy,
• Preparation of All Kinds of Real Estate Lease Contracts, Detection of Lease Contract Violation and Cancellation of the Lease Contract and Evacuation Cases, Determination of the Rental Price, Lawsuit for Adaptation of the Lease Contract and Collection of Rent Receivables and All Process Management,
• Legal Counseling and Litigation Advocacy Service and Process Management Regarding Disputes Between the Landlord and the Tenant During or at the End of the Rental Period,
• Obtaining Business and Operating Licenses, making applications to the Official Institutions and Following the Process,
• Application, Follow-up and Execution of Construction Project, License and other Administrative Authority Transactions,
• Multilingual Preparation of Construction, Purchase-Sale, Partnership and all kind of agreements regarding International and Local Project, especially in English, German, Dutch and Russian Languages,
• Preparation of Promise Contracts for Real Estate, Appartment for Construction Agreement and Other Real Estate Construction agreements in Multi-Languages, Especially German and Dutch Languages,
• Resolution of Disputes Arising from Construction and Real Estate Transactions and Contracts, Judicial and Administrative Action and Litigation Process Management and Advocacy Service,
• All Kinds of Title Deed Cancellation and Registration Cases, Intervention, Right to legal purchase, Right of Passage, Litigation for Dissolution of Partnership Litigation Process Management and Advocacy Service,
• Attorneyship in all kinds of Possession Lawsuits Related to Protection of Possession and its Acquisitions, and Prevention of Interventions in Possession, Administrative Applications under Law No. 3091, Ordinary or Extraordinary Time Limits Due to Possession, Litigation in Deed Annulment and Registration Cases,
• Consultancy on Violations of Property Rights Resulting from Administrative and Legal Transactions such as Zoning Procedures, Coastal Edge Lines, Forest Borders, Also in Administrative Applications Regarding the Use and Purchase of Land Registry Transactions, Cadastre Transactions, Forest Operations (2-B and Usage Rights) and Treasury-owned Real Estates Legal Counseling and Litigation Advocacy Service,
• Advocacy Service and Process Management in Cases of Expropriation , Increasing the Value of Expropriation, Confiscation without Expropriation and Occupation Compensation Case, Correction of Land Registry,
• Our Legal Consultancy and Advocacy Services in Mass Housing Projects and Cooperative Establishment Transactions,
• Applying for the Minimum Permit of the Real Estate before the Authorized Authorities on behalf of the Foreign Buyer, Real Persons or Foreign Companies and Execution of the Final Deed Transfer, Sales and Registration Transactions, Sales Representation by Proxy and Process Management,
• Our Consultancy and Advocacy Services Regarding the Planning of Land Uses and Regulation of the Construction Process, Obtaining the Necessary Permits from Official Institutions and Public Administrations, Representing our Clients before Administrative Courts, Land Registry Office and Municipalities, Following the Transactions and Process Management Up to the Transfer Stage,
• The process of filing and following up the case of prevention of seizure (Prohibition of Intervention Case),
• Providing Legal Consultancy and Advocacy to Flat Owners, Building/Site Managements and Construction Companies at All Stages of Urban Transformation, and Preparation and Realization of Contracts Between All Parties,
• Objection to the Risky Building or Risky Area Decisions Given within the Scope of Urban Transformation, and Follow-up and Concluding of the Lawsuits Filed Within This Scope,
• Conducting Negotiations between Construction and Demolition Companies and Flat Owners within the Scope of Urban Transformation, Reconciliation, Determination of Road Map, Informing Flat Owners and Reconciliation among themselves,
• Alleged Violation within the Scope of the “Right to Property” Adopted and Protected by the Constitution of the Republic of Turkey and the European Convention on Human Rights; Making an Individual Application to the Constitutional Court or Providing Legal Support and Application to the European Court of Human Rights, Managing the Application Process,
• Attorneyship and Process Follow-up of Compensation Lawsuits Related to Forest Lands whose Title Deeds Have Been Canceled Before,
• Attorney Service for Cancellation and Compensation Lawsuits to be filed with the Administration as a result of the restriction of the right of ownership on the immovable due to the fact that the immovable in the zoning plan is among the places reserved for the public such as green areas, parking areas, school areas in the zoning plan,
• Advocacy service in execution or follow-up processes arising from disputes on housing loans used by banks,
• Preparation of All Kinds of Real Estate (Shopping Mall, Hotel, Land, Business Center, Housing, Site Etc.), Business Development, Architecture, Construction, Construction Management, Project Management, Marketing, Business, License, Brokerage, Brokerage Contracts and Negotiating These Contracts Representation Service,
• Arranging and Inspecting the Lease Relationship of Turkish Republic Citizens or Foreign Real Persons or Companies Living Abroad with their Real Estate in Turkey, Monitoring All Transactions Before the Tax and State Office, Legal Process Management with Real Estates,
• Process Management and Investment Consultancy Service for Real Estate Purchases and Sales of Domestic and Foreign Investors in Turkey,
• Researching suitable investment property (immovable) in the field of activity,
• Detailed Legal Investigation of the Sale and Purchase of the Immovable before the Land Registry, Court, Municipality and Other Public Institutions and Determination of Possible Risk Situations,
• Preparation of Due Diligence Report and Valuation Reports,
• Examining the Master Zoning Plan, zoning applications and official permits and presenting the findings in a report, Managing the sales transactions on behalf of the Buyer in case of land easement title deed and share deed (ownership),
• In the records of the real estate to be purchased or invested; Making Investigation Before The Municipality, Directorate of National Real Estate, Directorate of Zoning Affairs, Treasury and Other Ministries in Cases Subject to Special Law, Cultural and Natural Heritage Board, Private and Legal Institutions and Organizations, Foundations and Public Institutions, and Legal Evaluation of the Data or Limitations Obtained by These Institutions Strategic Process Management for Submission of Legal Opinion Reports and Elimination of Obstacles.
• Investigation of whether there are Administrative and Judicial Lawsuits Related to the Real Estate that have been opened before and that are still ongoing, Examining whether there are Injunctive Measures and Seizure Decisions Related to These Lawsuits, Management Process of the Transactions Related to Suspension of Execution in Seizure and Precautionary Decisions,
• Searching the Land Registry of the Immovable from the Land Registry Office to which the immovable is affiliated; Taking Encumbrances, Examining, Detection of Possible Legal Restrictions Preventing Sales, Presentation of Analysis and Risks in Reports,
• Preparation of Due Diligence Report, Value of Real Estate Report and Current Official Real Estate Valuation Reports, Legal Evaluation of Limitations in Land Registry and Real Estate Risk Analysis Report and Legal Compliance Reports, if any.
• Investigation and Status of the Immovable Property You Want to Buy in the Zoning Plan, Inspecting whether its Qualification in the Land Registry, Zoning Plan and Cadastre Are Compatible with the Current Situation and Making a Report,
• Preparation of Real Estate Performance Analysis According to Investment Subject,
• Investigation, Analysis and Reporting of Legal and Commercial Situations of Businesses, Persons and Companies Owning the Real Estate to be Invested or Purchased,
• Conducting Investment Finance Negotiations and Transactions with Banks,

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