Real Estate Lawyer

A real estate lawyer is a legal specialist who resolves disputes arising from ownership of immovable property such as homes, land, workplaces and fields, drafts contracts and secures your investments legally.

Real estate transactions are usually the largest investments made by individuals or companies.

The slightest contractual error, a defect in the land register or a failure to take zoning legislation into account can wipe out years of savings in an instant.

Real estate law is a field in which property law, the law of obligations and administrative law are intertwined and formal requirements are extremely strict. For example, a promise-to-sell agreement for real estate that is not made in official form has no legal validity.

In a sector with such large financial risks, transacting on the basis of hearsay or contract templates downloaded from the internet leads to irreversible financial damage.

That is why having transactions checked by an expert before they reach the signing stage prevents future lawsuits and losses of rights at the root.

To strengthen the legal basis of your property investments, complete title transfers smoothly and be represented as strongly as possible in any dispute, Bursa Mudanya Law Office offers professional and transparent guidance in all your real estate matters with its specialist team.

What Is Real Estate Law?

Real estate law is the body of rules, set out under the "Property Law" section of the Turkish Civil Code, that determines the identity of immovable property, who owns it, how it is transferred and how rights over it (lease, mortgage, etc.) are exercised.

Its scope is very broad: everything from renting a home to the construction of a huge shopping centre is subject to its rules.

Areas of Work of a Real Estate Lawyer

The main task of a real estate lawyer is to protect the client's rights over immovable property.

Their main areas of work are:

• Conducting actions for cancellation and registration of title.
• Handling eviction and rent determination/adjustment cases.
• Drafting flat-for-land construction agreements and real estate promise-to-sell agreements.
• Partition actions (izale-i şuyu) and the division of inherited property.
• Managing property acquisition and citizenship applications for foreigners.
• Establishing and releasing mortgages.

Property Rights and Title Deed Transactions

The land register is guaranteed by the state.

Rights over immovable property can only be created, changed or extinguished through official registration in the land register.

Acquiring Ownership and Registration

In Türkiye, a change of ownership of immovable property always requires an official deed to be drawn up at the Land Registry Office.

A private written agreement signed between the parties is legally invalid for transferring title. Except in exceptional cases such as inheritance or a court judgment, ownership of real estate is acquired only at the moment of "registration" in the land register.

Condominium Ownership and Construction Servitudes

When you buy a home in a project still under construction, a "construction servitude" (kat irtifakı — the right to receive an independent unit once construction is complete) is registered.

When construction is completed and an occupancy permit (iskan) is obtained, this right converts into full condominium ownership, representing a legally completed home. Living in buildings without an occupancy permit brings many problems, from obtaining bank loans to setting up utility subscriptions.

Mortgages, Pledges and Easements

Real estate can be used as security for a debt. A mortgage gives the creditor the right to have the property sold and collect the proceeds if the debt is not paid.

Easements (for example, a right of way) are rights in rem allowing the holder to use another person's property in a specific way.

Lease Law and Eviction

Relationships between tenants and landlords are governed by the strict rules of the Turkish Code of Obligations. Rent increases and evictions are the most frequent sources of legal disputes, especially in inflationary periods.

Eviction and Rent Determination Actions

A tenant cannot be removed unilaterally just by saying "the contract has ended". Eviction requires statutory grounds such as non-payment of rent (two justified notices), the landlord's own need, or the expiry of the 10-year extension period.

Where the rent is far below market levels, a "rent determination action" can be filed from the 5th year of the lease to bring the rent in line with current market values.

Termination of Leases and Breaches

A tenant who fails to use the property with care, does not pay service charges or sublets without permission is in breach of the lease. In such cases, the landlord can terminate the contract for just cause by sending a formal notice through a notary and begin eviction proceedings.

Zoning, Construction and Project Development Law

Large construction projects are directly linked not only to contracts but also to the administrative regulations of municipalities and ministries.

Zoning Legislation and Permits

Zoning plans determine the size and type of building (residential, commercial, industrial) that can be built on a plot.

Buildings constructed on land without zoning or in breach of their permit (illegal construction) face demolition orders and heavy administrative fines. In such cases, annulment actions are filed before the administrative courts.

Flat-for-Land Construction Agreements

Agreements in which the landowner gives the land to a developer, and the developer in return leaves a certain number of units in the completed building to the landowner. For these agreements to be valid, they must be executed before a notary in official form.

Against serious risks such as construction delays, incomplete or defective delivery or the developer's bankruptcy, it is vital to include penalty clauses and staged title transfer provisions in the agreement.

Mesne Profits and Actions to Prevent Interference

Where property belonging to you (a home or land) is used by someone else without permission and unlawfully (occupation), an action to "prevent interference" is filed to remove the occupier.

Compensation for unlawful occupation, which can be claimed retrospectively for up to 5 years, is called "ecrimisil" (mesne profits).

Property Acquisition by Foreigners

Thanks to its strategic location and citizenship opportunities, Türkiye is one of the most popular countries for foreign investors buying real estate.

Conditions for Foreigners to Acquire Property in Türkiye

As a rule, foreign individuals may buy real estate in Türkiye, subject to statutory restrictions. However, they may not acquire property in military restricted zones and security zones.

In addition, a foreigner may acquire a maximum of 30 hectares of real estate nationwide.

Citizenship by Investment and Real Estate

Under current legislation, foreigners who buy real estate in Türkiye worth at least USD 400,000 (or the equivalent in foreign currency) are entitled to apply for Turkish citizenship, provided that an annotation is registered stating that the property "cannot be sold for 3 years".

This process is comprehensive legal support covering not only the title transfer but also obtaining the certificate of conformity and the migration authority procedures.

Conclusion

A real estate lawyer is your most important guide, protecting you from hidden dangers in the property transactions to which you commit your dreams and savings.

Although the right of ownership is a constitutional right, its use and transfer are subject to extremely strict formal requirements.

A hasty signature, a title bought without checks or a poorly structured lease can leave you facing years of exhausting litigation.

Identifying risks in advance, managing your investments safely and preventing losses of rights in any transaction involving real estate is only possible with the support of a lawyer specialising in this field.

Frequently Asked Questions