İzmir Real Estate Attorney

As an İzmir real estate attorney, we provide legal support in disputes arising from the ownership of immovable property. Real estate law covers a wide range of matters: whether the land registry record reflects the true rights situation, the ending of co-ownership, unjust use of property, contracts concerning buildings and land shares, and interference by the administration with the property. What these cases have in common is that most require an on-site examination and an expert report, and that their outcome directly affects the ownership status of the property. Our office provides legal support in files on title deed cancellation and registration, prevention of interference, dissolution of joint ownership, pre-emption, ecrimisil, condominium ownership, urban transformation and expropriation; for our other fields you may review the practice areas of our İzmir law office.

In disputes arising from the substance of immovable property, the rule on jurisdiction is exclusive: the case is filed before the court where the property is located, and the parties cannot change this rule by agreement. For this reason, files concerning properties within the boundaries of İzmir are heard in the İzmir courthouses regardless of where the parties reside. In addition, with an amendment made to the law, applying to a mediator became a procedural requirement in disputes concerning the transfer of immovable property or the establishment of limited real rights over it, as well as in disputes on the dissolution of joint ownership. Since a case filed without applying to a mediator in a dispute within this scope is dismissed on procedural grounds, correctly identifying the legal nature of the claim from the outset helps prevent a loss of rights.

Title Deed Cancellation and Registration Cases

A title deed cancellation and registration case is filed where a record in the land registry does not reflect the true rights situation, in order to cancel the wrongful record and register the property in the name of the true right holder. The grounds most frequently encountered in practice are: collusive transfer by the deceased, that is, the deceased presenting a transfer that is in substance a gift as a sale in order to conceal assets from an heir; lack of legal capacity, meaning the absence of the power of discernment on the date of the transaction; defects of consent such as fraud, duress and mistake; use of a power of attorney by the agent contrary to the interests of the principal; failure to return the property although the fiduciary relationship has ended; and registration claims based on acquisitive prescription possession.

In cases based on collusive transfer by the deceased, the heirs must prove that the true intention of the deceased was to make a gift and that the transaction aimed at concealing assets from the inheritance. In the settled case law of the Court of Cassation, the customs of the country and the region, whether the deceased had a legitimate reason for carrying out the transfer, the difference between the real value of the property on the transfer date and the price stated in the title deed, and the economic situation of the deceased are assessed together. In these cases the heirs acquire the right to sue upon the death of the deceased; supporting the underlying facts with witnesses, bank records and land registry transaction files is decisive.

In registration claims based on acquisitive prescription possession, the property, which is not registered in the land registry or whose owner cannot be determined, must have been held in possession as owner, without dispute and without interruption, for the period provided by law. In such files, witness statements, cadastral records, tax records, aerial photographs and the expert report obtained during the on-site examination are decisive. This route cannot be used for properties that the law keeps closed to such registration.

Requesting an interim injunction annotation on the land registry record when the case is filed is a critical step to prevent the property from being transferred to third parties during the proceedings and to prevent a good-faith acquisition protected by the principle of reliance on the land registry. The case is heard before the Civil Court of First Instance where the property is located, and the court fee is calculated proportionally over the value of the property. For how the process works and its usual stages, you may review our guide on how a title deed cancellation case is filed.

Dissolution of Joint Ownership (Partition) Case

Where the co-owners of a property held in shared or joint ownership cannot reach agreement, the ownership relationship is brought to an end through a dissolution of joint ownership (partition) case. The case is heard before the Civil Court of Peace where the property is located, and all co-owners must be shown as parties; if even one co-owner is left out, the file cannot be concluded. In properties transferred through inheritance, including all heirs listed in the certificate of inheritance is important for the same reason.

The court first examines whether the property can be divided in kind. Division in kind is the preferred route where the nature of the property, the zoning legislation and the ratio of shares allow it. Where a building is involved, establishing condominium ownership and allocating independent sections to the co-owners may also be assessed as division in kind; where the shares do not correspond exactly, the difference is settled by adding an equalisation payment. If division in kind is not possible or would cause a significant loss in the value of the property, division by sale is ordered; the sale is carried out by public auction and the proceeds are distributed to the co-owners in proportion to their shares.

At the sale stage, the co-owners have the right to take part in the auction. If all co-owners jointly request it, the sale may also be limited to the co-owners; in that case the property is not opened to third parties. Since disputes on the dissolution of joint ownership fall within mandatory mediation, an application to a mediator must be made before the case is filed. For details on how the case proceeds, how the choice between division in kind and sale is made, and the sale office stage, you may read our article on the dissolution of joint ownership process in İzmir.

Condominium Ownership, Maintenance Fee and Common Area Disputes

The Condominium Ownership Law regulates the rights and obligations of the owners of independent sections in apartment buildings and housing estates, the use of common areas and the functioning of the management. In disputes arising from condominium ownership, the competent court is the Civil Court of Peace where the property is located. In İzmir, such disputes frequently arise in areas with dense housing estate development such as Bornova, Karşıyaka, Balçova and Gaziemir.

We provide legal consultancy and litigation services on disputes arising from the condominium ownership law, problems encountered in apartment and site managements, maintenance fees, common area usage and manager responsibilities. We also support the protection of condominium owners' rights and the preparation of management plans in accordance with the law.

Enforcement proceedings may be initiated and a case may also be filed against a condominium owner who does not pay maintenance fees and common expenses; the law additionally provides for default compensation on late payments and grants a statutory mortgage right as security for the receivable. The person actually using the independent section may also be held liable together with the owner within the scope set out in the law. The criterion by which common expenses are shared varies depending on whether the management plan provides otherwise.

Where changes contrary to the project and the management plan are made in common areas, each condominium owner may request restoration to the former state. Amending the management plan, on the other hand, is subject to the qualified majority provided for in the law. A case for the annulment of decisions of the general assembly of condominium owners must be filed within the forfeiture period set out in the law; once that period passes, the decision becomes binding. In cases of serious and continuous breaches that make neighbourly relations unbearable, the law even makes it possible to terminate the ownership right of the condominium owner concerned over their independent section.

Ecrimisil (Unjust Occupation Compensation)

Ecrimisil is the compensation claimed by an owner from a person who uses a property without any legal basis, corresponding to the income the owner has been deprived of because of that use. The amount is calculated on the basis of a comparable use value determined through an expert examination according to the nature of the property, crop income in agricultural properties, or similar criteria. The claim is often brought together with a claim for prevention of interference and, where necessary, for demolition; the competent court is as a rule the Civil Court of First Instance where the property is located.

In ecrimisil claims between co-owners, the condition of prior objection to use is as a rule required: the claiming co-owner must have previously notified the other co-owner using the property that they object to that use. Settled case law also recognises exceptional situations in which this condition is not required. Since in practice ecrimisil may be claimed for the period provided by law counted backwards from the date the case is filed, not delaying the claim helps prevent a loss of rights. For the details of the concept and the calculation method, you may review our article on ecrimisil and unjust occupation compensation.

Promise to Sell Immovable Property and Pre-Paid Housing Sales

A promise to sell immovable property is a preliminary contract by which the parties undertake to carry out the sale of the property in the future. Its validity is subject to a strict formal requirement: the contract must be drawn up before a notary in the form of a deed. A simple written text or a document with merely certified signatures does not satisfy this requirement, and the contract is as a rule deemed invalid. A formal defect at the undertaking stage may therefore result in ownership not being claimable despite the price having been paid.

A promise to sell may be annotated in the land registry. The annotation allows the promisee to assert their right against persons who subsequently acquire the property; the law limits the effect of the annotation to the period it lays down, and if the sale is not carried out or an easement is not established within that period, the annotation is deleted. If the seller refuses to transfer the property, the promisee may file a title deed cancellation and registration case seeking compulsory registration so that ownership is transferred to them.

We carry out preventive legal work and litigation in the preparation of construction contracts in return for a share of the flats, in disputes on delay penalties and defective performance arising from such contracts, and in pre-emption disputes. For the landowner, setting out the sharing ratio, the delivery date and the consequences of delay clearly in the contract, and for the contractor, clarifying the building permit, the zoning status and the delivery conditions, prevent a significant part of later disputes from the outset.

In pre-paid housing sales, the consumer starts making payments before the housing unit is completed. The Law on the Protection of Consumers sets out detailed rules for this type of sale on the form of the contract, the delivery period, the right of withdrawal and the security the seller must provide. Since the periods and conditions in these rules change over time, they must be confirmed from the text in force before the contract is signed. Where the unit is not delivered or is delivered contrary to the project, the consumer arbitration committee or the consumer court is the avenue; which body has jurisdiction is determined according to the monetary threshold of the dispute, which is updated every year.

Pre-Emption Right and Prevention of Interference

If one of the co-owners of a property held in shared ownership sells their share to a third party, the other co-owners may acquire that share themselves on the same terms by exercising the pre-emption right. The right is exercised through a pre-emption case filed against the buyer, and the amount determined by the court must be deposited within the given period. The law ties this right to forfeiture periods: the pre-emption right lapses once the short period running from notification of the sale through a notary by the buyer or the seller, and in any event the maximum period running from the sale itself, has elapsed; the current wording of these periods should be confirmed via mevzuat.gov.tr.

In cases of unlawful interference with the right of ownership, an action for prevention of interference is filed. A neighbouring building that crosses the boundary, unauthorised entry onto the property, its use as a road or passage, or its occupation contrary to its intended purpose are typical subjects of this action. Where the conditions are met, the claim is brought together with claims for ecrimisil and for demolition of the unlawful structure. In boundary disputes, the measurement carried out during the on-site examination and its comparison with the cadastral map determine the outcome.

Owners' Rights in Urban Transformation

The renewal of buildings under disaster risk is carried out within the framework of Law No. 6306 on the Transformation of Areas under Disaster Risk and its secondary legislation. The process begins with a risky-building determination made by a licensed organisation; the determination is served on the owners, who have the right to object to the technical board within the period provided for in the law. If the objection period is missed, the determination becomes final and the subsequent stages proceed on the basis of that determination.

Once the determination becomes final, the owners take a decision on the demolition and reconstruction of the building, the terms of the contractor agreement and the distribution of land shares. The law ties this decision to a majority of shares; since the required ratio has been updated by legislative amendments, it must be confirmed from the text in force before a decision is taken. The land share of an owner who does not join the majority decision may be put up for sale under the procedure set out in the law. For that reason, staying out of the process or not sending a representative to the meetings may cause a loss of rights for the owner.

The decisive points for owners are whether the contractor agreement contains security, the delivery period and the consequences of delay, the sharing ratio, how the independent sections are positioned in the project, and the way common areas are arranged. Clearly determining at which stage the land share will be transferred is the owner's most important protection against the possibility that construction is left unfinished. For details on the practice in İzmir, you may review our article on owners' rights in urban transformation in İzmir.

Mortgages and Annotations: The Removal Process

A mortgage is a limited real right established over immovable property as security for a receivable. When the secured debt ends, the mortgage is not automatically removed from the title deed; for its cancellation, an application must be made to the land registry office with the creditor's written consent. Obtaining a release letter from the bank once a housing loan is closed matters so that no obstacle arises in a later sale of the property.

If the creditor refuses to issue a release letter or cannot be reached, an action for cancellation of the mortgage is filed before the Civil Court of First Instance where the property is located; in that case, payment of the debt is proved through bank receipts, a release deed or enforcement file records. Where the debt is not paid, the creditor may initiate proceedings for the liquidation of the mortgage and request the sale of the property. We explain in detail how the proceeding, attachment and sale stages work on our İzmir debt collection lawyer page.

Beyond mortgages, the land registry contains other records that affect the scope of a right. An interim injunction annotation provides temporary protection aimed at preventing the transfer of the property; an annotation of a promise to sell strengthens the promisee's right; and the family residence annotation limits one spouse from disposing of the residence without the express consent of the other. For the protection of the family residence and the effect of this annotation during divorce proceedings, you may read the explanations on our İzmir divorce lawyer page.

Before purchasing a property, examining the land registry record, the declarations column, any annotations and pledges, the zoning status and the building permit, and, in properties under condominium ownership, checking the management plan and any outstanding common expenses, prevents a significant part of later disputes. This pre-transfer examination produces results far more quickly than cases filed after the sale.

Disputes Arising from Tenancy Relationships

Disputes arising from relationships in which the use of a property is transferred by contract are subject to a different procedure from the ownership and title deed cases that are the subject of this page; claims for determination of the price, adaptation and eviction are as a rule heard before the Civil Court of Peace, and applying to a mediator before filing a case is a procedural requirement. Our office also provides legal support in this field; because of its own procedural rules and separate evidentiary framework, the subject is addressed separately under our İzmir landlord and tenant lawyer heading.

Expropriation and Zoning Law

We provide comprehensive legal support to our clients in protecting the rights of property owners in expropriation transactions, in the fair determination of expropriation compensation and in following up cases before the administrative courts. We also provide legal representation in losses of rights arising from zoning plan changes, permit cancellations and construction disputes.

In the expropriation process, the administration first tries to reach an agreement with the owner through the purchase procedure; if no agreement is reached, it files a case for the determination of compensation and registration. The compensation is determined through an on-site examination and an expert report according to the nature of the property; different valuation criteria apply to farmland and to building plots, and which criterion the report relies on directly affects the outcome. The owner may object to the compensation determined and submit detailed statements against the report on technical grounds. Where the administration physically interferes with the property without carrying out a lawful expropriation, compensation may be claimed before the civil courts, whereas in cases of legal interference, where the use of the property is effectively restricted by a zoning plan, the administrative judicial route comes into play.

Real Estate Case Types and Competent Court

In real estate disputes, the competent court varies according to the type of case; the table below summarizes the main case types, the competent court and their scope. As for jurisdiction, the rule is common to all: cases arising from the substance of immovable property are heard before the court where the property is located.