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Real estate law is the field of law that regulates rights over immovable properties such as land, residences, workplaces, fields, plots, buildings and independent sections, as well as the acquisition, transfer and protection of these rights and the resolution of disputes arising from immovable properties. This field covers property rights, title deed procedures, lease relationships, condominium ownership, dissolution of co-ownership, construction agreements and lawsuits arising from real estate sales.
Real estate law is not limited only to title deed transfer or sales agreements. The legal status of the immovable property, annotations in the title deed record, mortgages, attachments, usufruct rights, rights of way, zoning status, intended use and third-party claims are evaluated together.
Real estate law covers numerous transactions and disputes relating to immovable properties. Especially in real estate transactions with high economic value, acting without legal review may lead to serious loss of rights in the future.
The matters frequently encountered within the scope of real estate law are as follows:
Title deed cancellation and registration lawsuits
Lease agreements and eviction lawsuits
Rent determination and rent adaptation lawsuits
Dissolution of co-ownership lawsuits
Prevention of unlawful interference and claims for unlawful occupation compensation
Condominium ownership and site management disputes
Preliminary real estate sales agreements
Construction agreements in return for land share
Expropriation and urgent expropriation processes
Disputes arising from zoning practices
Each of these matters is subject to different procedural, time-limit and evidentiary requirements. Therefore, before any lawsuit or transaction in the field of real estate law, the legal status of the immovable property must be examined in detail.
Title deed and property disputes are among the most technical areas of real estate law. Disputes between the person appearing as the owner in the title deed record and the actual right holder, sham transactions, claims of unlawful registration, disputes between heirs regarding the transfer of immovable property or claims based on fiduciary transactions may become the subject of title deed cancellation and registration lawsuits.
In such lawsuits, examining only the title deed record is not sufficient. The agreements underlying the transaction, payment records, inheritance relationship, the true intention of the parties, witness statements and the past transfer history of the immovable property are evaluated together. Within the scope of real estate law, the correct evidence strategy in title deed and property lawsuits directly affects the outcome of the case.
Lease relationships are among the areas where disputes most frequently arise within real estate law. In residential and roofed workplace leases, disputes may arise between the parties regarding rent amount, rent increase, eviction conditions, return of deposit, responsibility for dues, delivery condition of the leased property and termination of the agreement.
In eviction lawsuits, different legal grounds may arise, such as eviction due to need, eviction due to default, eviction based on an eviction undertaking and eviction based on the expiry of the ten-year extension period. Since each eviction ground has its own conditions, notice periods, time for filing a lawsuit and evidence must be carefully determined. An eviction process conducted contrary to procedure may result in dismissal of the lawsuit and serious loss of time.
Real estate law also covers disputes arising from construction and project development processes. Construction agreements in return for land share, preliminary real estate sales agreements, sale of residences from projects, incomplete or defective workmanship, delayed delivery and occupancy permit issues are among the disputes frequently encountered in this field.
In construction agreements in return for land share, the rights of the landowner and the contractor, delivery period, allocation of independent sections, penalty clause, termination conditions and title deed transfer provisions must be clearly regulated. Unclear provisions in the agreement may lead to claims such as title deed cancellation and registration, compensation, termination of the agreement and delay penalties in the later stages of the project.
In condominium ownership relationships, disputes may arise from apartment, residential complex, business center and collective building managements. Management plans, use of common areas, dues debts, obligations of independent section owners, manager decisions and general assembly procedures are evaluated within the scope of real estate law.
Especially in residential complex and apartment managements, decisions must comply with the law and the management plan. Otherwise, legal processes such as annulment of decisions, dues receivables, interference with common areas, restriction of usage rights and manager liability may arise.
Real estate purchase and sale, lease, preliminary sales, construction in return for land share, land share transfer and project development agreements are transactions carrying high economic risk. In these agreements, the parties’ obligations, payment plan, delivery date, title deed transfer, penalty clause, right of withdrawal, termination conditions and dispute resolution method must be clearly regulated.
Before signing an agreement, the title deed record, zoning status, mortgage and attachment information, annotations, usage restrictions and actual condition of the immovable property should be examined. Obtaining preventive legal support within the scope of real estate law helps reduce future litigation risks and ensure transaction security for the parties.
Lexnova İçli Law provides legal support within the scope of real estate law in real estate purchase and sale transactions, title deed disputes, lease and eviction lawsuits, condominium ownership disputes, construction agreements, dissolution of co-ownership, expropriation and compensation processes arising from immovable properties.
Legal consultancy carried out in this field covers the examination of the legal status of the immovable property, preparation of agreements, determination of litigation strategy, evaluation of evidence and execution of procedures aimed at protecting the client’s property rights. In real estate law processes, carrying out legal assessment at an early stage is important for investment security and the prevention of loss of rights.
Real estate law covers title deed procedures, real estate purchase and sale, lease disputes, eviction lawsuits, condominium ownership, construction agreements, dissolution of co-ownership and expropriation processes. In addition, lawsuits aimed at protecting property rights, such as prevention of unlawful interference, unlawful occupation compensation, and title deed cancellation and registration, are also evaluated within this field.
A title deed cancellation and registration lawsuit is filed in cases of unlawful registration, sham transactions, fiduciary transactions, transfer disputes arising from inheritance law or unlawful title deed records. In these lawsuits, the title deed record, transaction documents, the intentions of the parties and the evidence are examined together.
For the eviction of a tenant, legal grounds such as eviction due to need, eviction due to default, eviction based on an eviction undertaking or eviction due to the expiry of the ten-year extension period may arise. Since each eviction ground has separate time-limit and procedural requirements, conducting the process incorrectly may result in dismissal of the lawsuit.
In construction agreements in return for land share, allocation of independent sections, delivery period, penalty clause, termination conditions, title deed transfer, project obligations and occupancy permit process are regulated clearly. Leaving these matters uncertain may lead to disputes concerning compensation, title deed cancellation and registration or termination of the agreement in later stages.
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