Real estate law is a broad field of law that encompasses ownership and limited real rights over land, plots, residential properties, commercial properties, and other real estate, as well as the legal proceedings arising from transactions and disputes involving such properties.
Nacar Law provides legal support to its clients in matters related to the ownership, use, and transfer of real property, as well as in disputes arising from real property, taking into account the specific circumstances of each case.
The Scope of Real Property Law
The Turkish Civil Code No. 4721 is one of the primary pieces of legislation governing real property law in Turkey. In addition, the Land Registry Law, the Cadastral Law, the Condominium Law, the Turkish Code of Obligations, and, depending on the nature of the dispute, provisions of other relevant legislation may also apply.
Real property law covers a wide range of topics, including the acquisition and transfer of real property, land registry procedures, joint ownership, limited real rights, and boundary and cadastral disputes.
Given that the economic value of real estate is directly linked to property rights, it is important to carefully evaluate, from a legal perspective, the transactions to be carried out and any disputes that may arise.
In Which Areas Do We Provide Legal Support?
Legal needs related to real property law may vary depending on the nature of the property and the specifics of the dispute.
In this context;
- Lawsuits for the cancellation and registration of title deeds,
- Disputes arising from real property ownership,
- Processes for dissolving a partnership,
- Prevention of encroachment and claims for compensation for unauthorized use,
- Disputes arising from entries and transactions in the land registry,
- Disputes regarding cadastral records and property boundaries,
- Legal proceedings arising from condominium ownership,
- Transactions relating to mortgages, usufruct, and other limited real rights,
- A Legal Analysis of Real Estate Sales and Transfer Transactions,
- The legal processes related to lease agreements under real property law,
- Drafting and Reviewing Contracts Related to Real Estate
Legal support is provided in these areas.
Land Registry and Property Disputes
Claims that there is a discrepancy between the entry in the land registry and the actual status of rights, or other legal grounds related to ownership of the real property, may give rise to land registry and ownership disputes.
In cases involving requests for the cancellation or registration of title deeds, the legal grounds for the dispute must be evaluated in conjunction with the title records, the transactions between the parties, and the available evidence. Inheritance may come into question due to the invalidity of a legal transaction or other legal grounds, depending on the specific circumstances of the case.
For this reason, it is important to conduct a legal review of the property’s historical records and the documents related to the dispute.
Joint Ownership and Use of Real Property
When more than one person holds rights to a piece of real property, it can lead to disputes regarding the use, management, or division of that property.
In cases of joint or undivided ownership, it may not be possible to maintain the partnership. If the legal conditions are met, the termination of the joint ownership relationship through the dissolution of the partnership may be considered.
In cases of unauthorized use of real property, interference with the right of ownership, or obstruction of the use of real property, measures such as preventing encroachment, claiming compensation for unauthorized use, or other legal remedies may be considered, depending on the specific circumstances of the case.
Legal Assessment of Real Estate Transactions
In real estate law, legal support is not only important after a dispute has arisen. Reviewing land registry records and the legal consequences of a transaction before proceeding with a sale, transfer, partnership, mortgage, or similar transaction can help identify potential risks in advance.
Nacar Law provides legal support aimed at protecting its clients’ rights and interests in real estate law matters, taking into account property rights and the specific circumstances of each case.
Legal Notice: The information on this page is provided for general informational purposes only and does not constitute legal advice.