Real Estate Law

Real Estate Law

Real estate law is a special branch of law that regulates all legal transactions and lawsuits related to immovable property. It covers various regulations regarding the purchase and sale of immovable properties such as land, buildings, residences, workplaces, leasing, title deed transactions, mortgages, expropriation and property rights. Real estate law, which is of great importance for both individuals and institutions, provides legal security by determining the rights and responsibilities related to immovable property.

Scope of Real Estate Law

Real estate law is a broad area of law that includes many different subjects:

  • Tapu İşlemleri:
    • Title deed registration, cancellation cases, title deed mortgage transactions and issues such as leaving the partnership.
  • Property Rights:
    • Acquisition of immovable property, transfer transactions, inheritance by inheritance.
  • Rent Law:
    • Leasing of residential and business premises, lease agreements, rent increases and eviction processes.
  • Kamulaştırma:
    • Expropriation of privately owned immovable property for public benefit and objection rights of the state.
  • Mortgage and Pledge Transactions:
    • Establishment of mortgages by banks on immovable properties in return for loans and removal of mortgages.
  • Condominium and Site Management:
    • Management plans, common use areas, rights and obligations of condominium owners in apartment and housing estates.
  • Gayrimenkul Davaları:
    • Disputes related to immovable properties such as dissolution of partnership, boundary disputes, unfair occupation cases, right of pre-emption and title deed cancellation cases.

Importance of Real Estate Law

  • Protects Property Rights: It provides legal security for the rights of individuals over immovable property.
  • Provides Legal Security: Ensures that transactions related to immovable properties such as title deeds, mortgages and leases are realized within the legal framework.
  • Preventing and Resolving Disputes: It facilitates the resolution of potential legal disputes between property owners, tenants, investors and the state.
  • Provides Legal Infrastructure for Investors: Supports the safe realization of real estate investments within the legal framework.
  • Organizes Expropriation and Planning Processes: It enables the state to manage public interest projects related to immovable properties within the framework of the law.

Real estate law is a branch of law of great importance in economic and social life, which regulates the rights of individuals and companies on immovable property and ensures that property-related transactions are carried out within the legal framework.

Real Estate Law - Question & Answer

Real estate law covers all legal transactions related to immovable property. Issues such as title deed registration, mortgage, purchase and sale, lease agreements, expropriation, condominium ownership, boundary disputes and elimination of partnership fall within the scope of this law.

A deed cancellation lawsuit can be filed in cases such as unlawful registration of the immovable property to someone else, forgery, fraudulent transactions or muris collusion (deceiving the heir). The court may decide to cancel the title deed and transfer it to the rightful owner.

If the tenant is not evicted when the lease expires or the rent payments are not made, the owner may file an eviction action with the enforcement office or the civil court of peace. This process is carried out depending on the legal procedure.

Yes, the state can expropriate privately owned immovable property in the public interest. However, this process is subject to certain legal rules and the expropriation price must be paid to the property owner. The property owner can object to the expropriation decision and file a lawsuit.