I have noticed a significant difference between real estate law in Australia and Turkey, which I believe would be highly beneficial if implemented in Turkey. In Australia, specialized solicitors handle these transactions before buying a house, making it almost impossible to buy or sell a place without their involvement. In Turkey, yet, this practice does not exist. Anyone can transfer their immovable property to whomever they want after a few visits to official institutions. The issue is that not everyone involved in these transactions may act with good intentions. Assuming the existence of potential disputes in advance can cut conflicts and prevent unwanted consequences. That approach, like preventive medicine, can be seen as preventive law. While this practice has many benefits, awareness is crucial for everyone, not just me. Our community in Australia is familiar with the local process, so when they decide to buy a house in Turkey, they often consult me for information on the subject.
In Turkey, people often believe they can handle these procedures, leading to problems that are difficult to reverse. Unlike in Australia, this awareness is not well established, so people seek legal help not to prevent damage, but to cut existing harm. Sadly, the first sentence every lawyer will say is, "I wish you had consulted us earlier." In Turkey, the chances of encountering fraud and document forgery are high. Fortunately, the Turkish community in Australia understands the sensitivity of this process and has been choosing to consult me first for a long time.
Let's briefly examine how Real Estate Law is structured in Turkey. Real Estate Law, part of Civil Law, encompasses the legal rules for immovable properties such as houses, lands, apartments, and flats. As a critical component of property law, real estate law can intersect with many legal fields within a single case. Generally, most cases related to this subject are heard in the Civil Courts of First Instance where the immovable property is located.
Your Lawyer in Australia has a team of experts in real estate law. They provide consultancy and representation services for all legal issues related to real estate, starting from buy and sale transactions.
Real Estate Law encompasses all legislation and provisions about land, plots, houses, apartments, and similar immovable properties. Key litigation issues in real estate include land registry transaction lawsuits, title deed cancellation lawsuits, appropriation lawsuits, lease lawsuits, expropriation lawsuits, and the elimination of partnership lawsuits. Let's briefly look at these lawsuits and related actions:
- Preparation of lease agreements.
- Land registry transactions.
- Preparation of purchase and sale contracts.
- Full process follow-up for foreigners seeking to acquire property.
- Consultancy and representation for disputes involving real estate in rem and resolving these disputes.
- Land Registry Transaction: These lawsuits include property registration or cancellation. They are filed to prevent victimization from unlawful arrangements.
- Appropriation Cases: These cases aim to prevent unjust violations of immovable property.
- Expropriation Cases: These lawsuits are filed against expropriation decisions made by municipalities and public institutions on your immovable property. They involve objections to expropriation transactions by determining the value of private property and lands.
- Rent Lawsuits: These lawsuits, filed by either the lessor or lessee, resolve disputes arising from rent or eviction. Both parties can file against each other for violating the lease agreement.
- Elimination of Partnership Lawsuits: These lawsuits terminate partnerships in shared immovable properties and can be filed in the Civil Courts of Peace. They are often the most important lawsuits after inheritance sharing, with partnerships ending through sale or division.
I know these processes interest not only Turkish citizens but also foreigners eager to invest in Turkey and get citizenship. Consultancy by an expert for foreigners who want to get property in Turkey is a crucial area of real estate law. Consultants assist foreigners with property acquisition, buy and sale transactions, lease and sales contract preparation, and contract management. They also handle registration procedures at the Land Registry and Cadastre Directorates and municipalities, determine property values through expert surveyors, and start litigation for disputes in building and construction projects. My specialized lawyers and I manage all these matters in my active office.
As a lawyer who has attended many training sessions in Turkey on these issues, I offer my experience to solve any legal problems you might face, from land registry and cadastral transactions to lease agreement termination. My solution partner lawyers across Turkey and Expert Real Estate Appraisers ensure I provide the most accurate and reliable service.