Izmir Real Estate Lawyer

Real estate represents the largest investment most people make in their lifetime; a home, a plot of land or a commercial unit carries significant value in both economic and emotional terms. For this reason, when a dispute over immovable property arises, the assets a person has built up through their own labour can be placed directly at risk. An error in a title record, an inherited property the co-owners cannot agree on, a neighbour's encroachment or a flawed sale contract can lead to consequences that are difficult to repair. As Av. Aydın, we offer our clients holistic support at every stage of real estate law, from pre-purchase advice through to title-deed cancellation and registration cases, condominium disputes and expropriation proceedings. Setting the process up correctly from the outset with an experienced Izmir real estate lawyer both prevents losses of rights and ensures that the security attaching to the property rests on solid ground.

Our Services as a Real Estate Lawyer

Real estate law is a broad field governed above all by the property-law provisions of the Turkish Civil Code No. 4721 (Türk Medeni Kanunu), together with the Condominium Law No. 634, the Expropriation Law No. 2942 and the relevant rules of the law of obligations. Our work in this area is by no means limited to conducting litigation; the legal examination and advice carried out before a property is acquired are at least as important as any lawsuit. A real estate lawyer in Izmir must be able to read the title records, correctly assess the annotations and encumbrances (şerh and takyidat) burdening the property, and pinpoint with accuracy which type of action will resolve the dispute. Our main types of cases and transactions are the following:

• Title-deed cancellation and registration cases: Cases brought where a title record has been created contrary to the true legal position, seeking cancellation of that record and registration in the name of the real right-holder. Unlawful transfers, fraud, lack of legal capacity, testator's collusion to conceal assets from heirs (muris muvazaası) and abuse of authority under a power of attorney form the basis of such cases.
• Dissolution of co-ownership (izale-i şuyu) cases: Cases that bring co-ownership over a property held in shares or jointly to an end, either by division in kind or by sale. This is one of the routes most frequently resorted to for properties passing by inheritance.
• Prevention of encroachment (müdahalenin meni) cases: Cases brought to compel a person who unlawfully interferes with the right of ownership to bring that interference to an end. They arise in cases of trespass onto a neighbouring property, unauthorised use and unlawful occupation.
• Condominium disputes: The resolution of disagreements arising from apartment-building and estate management, common-expense receivables, the use of shared areas, breaches of the management plan, and the rights and obligations of the unit owners.
• Expropriation and de facto (unlawful) expropriation cases: Determining the compensation where the administration takes the property on grounds of public benefit; and, where the administration uses the property in fact without carrying out a lawful expropriation, claims for compensation and damages.
• Pre-emption (önalım / şufa) cases: Cases concerning the exercise, in shared ownership, of the other co-owners' right of first refusal to purchase a share on the same terms where one co-owner sells that share to a third party.
• Lease and eviction cases: Disputes arising from lease contracts, the determination and adaptation of the rent, the collection of rent receivables and the eviction of the tenant on statutory grounds.
• Mortgage, pledge and other limited real-right transactions: The creation and cancellation of mortgages and pledges established over immovable property, and the handling of disputes arising from them.
• Recovery (istihkak) cases: Cases brought by a person asserting ownership of, or a real right over, an asset against the third party in possession of it, seeking the return of the asset.
• Promise-to-sell agreements (satış vaadi sözleşmesi): The preparation of promise-to-sell agreements executed before a notary, by which the sale is undertaken before transfer at the land registry takes place, and the pursuit of registration claims based on such an agreement.
• Urban transformation disputes: The identification of risky structures under Law No. 6306 on the Transformation of Areas Under Disaster Risk, the decisions of the owners, the contractual processes and the prevention of losses of rights arising from the transformation.
• Right-of-way and easement disputes: The establishment of a necessary right of way where a property has no connection to the road, and cases concerning usufruct, rights of habitation and other easements.
• Title-record correction and rectification: The correction of material errors in the land register, such as surface area, owner's name and location, and the pursuit of objections to cadastral determinations.
• Zoning and construction disputes: The assessment of disputes arising from the zoning status, from unlicensed construction and from changes to the zoning plan that affect the value and use of the property.

In every one of these case types, an Izmir real estate lawyer plays a decisive role not only at the litigation stage but also during the examination stage before the property is acquired. As Av. Aydın, we believe that viewing real estate law from this holistic perspective is of great importance in preventing disputes that might otherwise arise later; for in property law the most effective solution is very often the foresighted legal advice that keeps the problem from ever arising in the first place.

Title-Deed Procedures and the Transfer of Ownership

Under Turkish law, ownership of immovable property is, as a rule, acquired through registration in the land registry. The land registry is an official register in which ownership and other real rights over immovable property are set out in a reliable manner, and it is guaranteed by the State. For this reason, when a property is purchased, agreement between the parties alone is not enough; the transfer must be effected by an official deed at the land registry directorate (tapu müdürlüğü) and registered in the register. Otherwise, even a promise-to-sell agreement executed before a notary does not by itself transfer ownership; it merely gives rise to a right to demand the transfer.

One of the problems most frequently encountered in property purchases stems from a failure to examine the title record carefully. A property may carry numerous entries, such as a mortgage, an attachment, an expropriation annotation, a family-residence annotation, a usufruct right or a promise-to-sell annotation. The presence of these entries directly affects the value of the property and its transferability. Examining the title record and all annotations and encumbrances over the property before transfer, confirming that the seller is genuinely the owner and, where relevant, checking the zoning and occupancy status, forestalls disputes that might arise later. Through this legal examination carried out before transfer, an Izmir real estate lawyer can protect the client from a flawed purchase.

Among the principal grounds that legally vitiate the transfer of ownership are the lack of the party's legal capacity, a transfer effected under fraud or duress, collusive (simulated) transactions and, in particular, ostensible sale transactions carried out in order to conceal assets from the heirs. In such cases a title-deed cancellation and registration action comes onto the agenda. Moreover, in transactions conducted under a power of attorney, the abuse by the agent of their authority is also a frequent source of dispute; it is therefore important that the limits of the powers be clearly defined when a power of attorney is granted.

Dissolution of Co-ownership and Prevention of Encroachment

The two types of case most frequently encountered in real estate law are the dissolution of co-ownership (izale-i şuyu) and the prevention of encroachment (müdahalenin meni). These cases are the routes most often resorted to in resolving disputes arising, very often, from the division of an inheritance within a family or from neighbourly relations.

Dissolution of Co-ownership (İzale-i Şuyu)

Where more than one person owns a property, disagreement may arise among the co-owners over the use or division of the property. Especially with properties passing by inheritance, it becomes difficult for the heirs to sustain common ownership over the long term. At this point each co-owner may seek the dissolution of the co-ownership through the courts. The court first assesses whether the property can be divided in kind; that is, if the property can be split among the co-owners, it is physically apportioned. Where division in kind is not possible, the property is sold by public auction and the proceeds are distributed to the co-owners in proportion to their shares. So that the co-owners suffer no loss of rights during this process, the process must be followed carefully; an Izmir real estate lawyer protects the co-owner's rights as to the correct determination of the sale price and the equitable distribution of the shares.

Prevention of Encroachment (Müdahalenin Meni)

The right of ownership grants the owner the power to use their property as they wish and to prevent the unlawful interferences of others. Where a person uses another's property without permission, builds upon it or trespasses onto a neighbouring property by crossing the boundary, the owner may bring a prevention-of-encroachment action. Through this action, the halting of the unlawful interference and the restoration of the property to its former state are sought. Very often a claim for occupancy compensation (ecrimisil) for the period of unlawful use is raised together with the prevention-of-encroachment action. Ecrimisil is a kind of use fee that a person who has unlawfully used the property must pay to the owner. In these cases, the correct determination of the boundaries of the property and of the extent of the interference is of great importance.

Condominium and Estate Management Disputes

With the increase in life within apartment buildings and housing estates, disputes arising under the Condominium Law No. 634 make up an important part of real estate law. Condominium ownership (kat mülkiyeti) is a special form of ownership in which private ownership established over the independent units of a building coexists with joint ownership over the common areas. This structure gives rise to both rights and obligations among the unit owners.

Among the principal disputes arising from condominium ownership are the collection of unpaid dues and common-expense receivables, uses contrary to the management plan, the unauthorised occupation or alteration of common areas, the renovation of an independent unit in breach of the project and objections to the manager's actions. The cancellation of resolutions of the general assembly of unit owners also frequently arises; a unit owner who considers that a resolution taken is contrary to the law, to the management plan or to the rules of good faith may seek its cancellation through the courts.

In condominium ownership every unit owner may deal with their own independent unit as they please; but this freedom is limited by the obligation not to harm the rights of the other unit owners or the common use of the building.

In estate and apartment-building management, the collection of dues receivables in particular is a significant problem. Enforcement proceedings may be initiated for unpaid dues and default compensation may be claimed. An Izmir real estate lawyer plays an active role both in enabling the management to collect its receivables and in protecting the unit owners' rights against unlawful resolutions. Most condominium disputes are technical matters that require the correct interpretation of the management plan and of the law.

Expropriation and De Facto Expropriation

The State and public institutions may, where the public benefit so requires, expropriate immovable property held in private ownership, on condition that they pay its value. Expropriation is a process bound by constitutional guarantee and subject to defined procedures and principles. The Expropriation Law No. 2942 governs how the process is to be conducted and the rights of the owner of the property. The dispute most frequently encountered in expropriation is the allegation that the compensation determined by the administration does not reflect the true value of the property. In that situation an action for the determination of the expropriation compensation comes onto the agenda, and the court establishes the true value of the property through an expert examination.

In some cases the administration takes the property in fact without carrying out a lawful expropriation procedure, or sets the property aside for public use through the zoning plan and then takes no action for a long time. These situations are termed de facto (unlawful) expropriation (kamulaştırmasız el atma) and are divided into physical taking and legal taking. In a physical taking the administration has itself begun to use the property; in a legal taking the property has been set aside for public use in the zoning plan but has not been expropriated for a long time. In both cases the owner may claim the value of their property and the loss they have suffered through the courts. Because these cases involve technical expert examinations and valuation calculations, conducting the process alongside an Izmir real estate lawyer is important for the correct determination of the compensation.

The Right of Pre-emption (Önalım / Şufa)

Pre-emption, also popularly known as şufa, is an important right granted to co-owners in shared ownership. Where, in a property subject to shared ownership, one of the co-owners sells their share to a third party, the other co-owners have the right of first refusal to purchase that share on the sale price and terms. The purpose of this right is to prevent outside strangers from entering into the shared ownership and to protect the relationship among the co-owners.

The right of pre-emption is subject to preclusive periods that run from the notification of the sale to the co-owner or from the co-owner's becoming aware of the sale. Once these periods are missed, exercising the right of pre-emption becomes impossible; it is therefore necessary to act quickly the moment the sale becomes known. The right of pre-emption applies only to sale transactions; as a rule it cannot be exercised in gratuitous or special transfers such as gift or inheritance. An Izmir real estate lawyer protects the co-owner's rights as to the careful tracking of the periods in a pre-emption action and the assessment of whether the sale price is genuine; for in practice one may encounter situations in which the sale price is shown as higher than it is in an attempt to make the exercise of the right of pre-emption more difficult.

Lease and Eviction Proceedings

One of the fields of real estate law that concerns everyday life most is that of lease relationships. Disputes arising from a lease contract stem from the determination and increase of the rent, the collection of rent receivables, the eviction of the leased property and the rights and obligations between the tenant and the landlord. The Turkish Code of Obligations contains provisions protective of the tenant, particularly in leases of residences and roofed workplaces; the landlord may therefore evict the tenant only where one of the specific grounds set out in the law exists.

The grounds for eviction fall mainly into two groups. The first are grounds arising from the landlord; foremost among these are the need of the landlord, their spouse, their descendants, their ascendants or the persons they are obliged to support for the residence or workplace, and the reconstruction or substantial repair of the property. The second are grounds arising from the tenant; a justified notice on account of the non-payment of the rent, the failure to vacate the property despite an undertaking to vacate having been given, and the tenant's causing damage to the leased property fall within this scope. In actions for the determination and adaptation of the rent, the redetermination of the contractual rent in line with current market conditions and statutory limits is sought. An Izmir real estate lawyer protects the rights of both the landlord and the tenant as to the proper drafting of the notices and the grounding of the eviction process on the correct basis; for an eviction attempt that is procedurally defective very often ends in the dismissal of the case.

Legal Security in Property Purchases

A property purchase is, for most people, a high-value transaction experienced only a few times in a lifetime. So that this transaction takes place securely, the steps taken before the sale forestall from the very start many of the problems that might arise later. The basic legal examinations to be carried out before purchase are the following:

• Examination of the title record: It must be checked whether the seller is genuinely the owner and whether there is any mortgage, attachment, annotation or encumbrance over the property.
• Zoning and occupancy status: The property's status in the zoning plan and whether a construction permit and an occupancy permit (iskân) exist must be investigated.
• Verification of the power of attorney: Where the transaction is carried out through an agent, the validity of the power of attorney and the scope of the agent's powers must be confirmed.
• Family-residence annotation: Whether the property has the character of a family residence and whether the spouse's consent is required must be assessed.
• Security of payment: The payment of the sale price and the title transfer must be conducted simultaneously and in a documentable manner.

Promise-to-sell agreements are also an important instrument at this point. Where the transfer cannot be effected at the land registry immediately, a promise-to-sell agreement executed before a notary and capable of being annotated in the land register secures the buyer's right. It must not be forgotten, however, that this agreement does not by itself transfer ownership; it merely grants the right to demand the transfer. Taking all of these steps correctly significantly reduces the risk of the buyer facing a title-deed cancellation action or an unexpected encumbrance later on. The pre-purchase examination conducted with an Izmir real estate lawyer very often prevents the problem from ever reaching the litigation stage.

Time Limits and Prescription in Real Estate Cases

In real estate law, the protection of rights very often depends on the correct tracking of time limits. Some rights are extinguished if they are not exercised within specific periods; it is therefore of great importance to act quickly the moment a dispute arises. The right of pre-emption, for example, is subject to preclusive periods that run from the sale becoming known, and once this period is missed the right is lost entirely. In a similar way, ecrimisil claims and rent receivables are also bound to specific prescription periods.

By contrast, certain claims based on a real right, such as title-deed cancellation and registration actions founded on the right of ownership, are as a rule not subject to prescription by their very nature; for the right of ownership is not limited in time. Even in these cases, however, the reliance of good-faith third parties on the land registry is protected; a loss of rights may therefore be suffered where the property has been transferred to a good-faith person. This delicate balance reveals why real estate cases must be assessed meticulously by a specialist. Which claim is subject to which period varies according to the type of file and the concrete circumstances; assessing the process from the outset with an Izmir real estate lawyer therefore forestalls losses of rights that are difficult to repair.

Izmir Real Estate Lawyer Fees

The fee of a real estate lawyer is among the first matters most people wonder about at the start of the process. The most important factor determining the fee is the type of dispute, the value of the property, the scope of the file and the anticipated workload. Examining a title record or preparing a lease notice differs significantly, in terms of the labour and expertise required, from conducting a title-deed cancellation or expropriation case that may run for years. The table below has been prepared to offer a general framework for pricing; it does not give a definite figure but is intended to show the elements that affect the fee.

Transaction / Type of Case	Principal Factors Affecting the Fee
Title-record examination and purchase-and-sale advice	The scope of the examination, the number of properties and the complexity of the encumbrance situation
Representation in a title-deed cancellation and registration case	The value of the property, the ground alleged and the scope of the expert examination
Dissolution of co-ownership (izale-i şuyu) case	The number of co-owners, the value of the property and the assessment of the possibility of division in kind
Prevention of encroachment and ecrimisil case	The extent of the interference and the need for a site inspection and valuation
Expropriation / de facto expropriation case	The value of the property, the expert reports and the duration of the proceedings
Rent-determination and eviction cases	The nature of the dispute, the notice process and the number of hearings
Legal advice / preliminary consultation	The scope of the problem and the examination it requires

A feature to note in relation to pricing in real estate cases is that most of these cases are ones whose subject matter can be measured in money. In cases such as title-deed cancellation, izale-i şuyu and expropriation compensation, the value of the property is decisive for the proceedings, and this may mean that the attorney's fee is calculated on a proportional basis (as a percentage of the property's value). By contrast, in disputes such as rent determination or certain eviction cases, a fixed fee may be in question. In every case, attorney's fees may under no circumstances be set below the Minimum Attorney's Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations (Türkiye Barolar Birliği). This tariff secures the minimum value of the legal service and forms the lower limit of pricing. A fee set above the tariff is agreed freely according to the particulars of the file, the value of the property and the labour to be expended.

A distinction that is frequently confused here also deserves attention. The attorney's fee paid to the lawyer is the consideration for the legal service and rests on the contract between the client and the lawyer. By contrast, litigation costs are the items paid to the State or to third parties during the case, such as court fees, site-inspection and expert fees, witness expenses, and postal and service costs. In real estate cases in particular, site-inspection and expert fees may take up a significant place because of the valuation of the property. These two items are independent of each other. Moreover, depending on the outcome of the case, the counterparty attorney's fee that the court may charge to the losing party may also arise; this fee is a concept distinct from the fee agreed with the lawyer. As Av. Aydın, once we have assessed your file at the preliminary consultation and clarified its scope, we provide transparent fee information; committing to a definite figure without examining the concrete file and the value of the property would not be the right approach. Discussing these items openly from the start when working with an Izmir real estate lawyer forestalls surprise costs and makes the process predictable.

Who Is the Best Real Estate Lawyer in Izmir?

One of the questions most searched for online is "who is the best real estate lawyer in Izmir". It must be stated honestly that there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer but the lawyer most suited to the file. For every real estate file has circumstances of its own, and the nature of the property, the title situation and the type of dispute differ. A lawyer highly experienced in a lease eviction may not display the same expertise in a complex expropriation compensation case or a technical condominium dispute. For this reason, focusing on finding the lawyer suited to the requirements of your file, rather than searching for the "best", is far healthier.

Some criteria that can be considered when choosing a good real estate lawyer are the following:

• Experience and area of specialisation: The lawyer's accumulated experience in the field of real estate law, and in matters close to the type of dispute in your file, is important.
• Command of the file and the title records: A good lawyer reads the title record and the rights over the property correctly and assesses expert reports and valuation calculations with accuracy.
• Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and makes no inflated promises inspires confidence.
• Preventive approach: A lawyer who attaches importance not only to filing suit but to preventing the problem from the very start through pre-purchase examination should be preferred.
• Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will definitely win the case", should be preferred.

It should be understood that no lawyer can guarantee the outcome in advance in real estate cases; for the judgment depends on the evidence, the title records, the expert assessments and the court's discretion. When choosing an Izmir real estate lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises a certain result, will be in your interest over the long term. As Av. Aydın, our approach is to avoid inflated promises and to build the strongest legal ground together by presenting our client with a true picture.

Our Approach as Av. Aydın

Real estate law is a comprehensive field in which property law, the law of obligations, inheritance law and administrative law intertwine, and which requires technical knowledge and careful examination. The particular circumstances of each file, the nature of the property, the title situation and the type of dispute call for a different legal strategy. As Av. Aydın, we first assess the property's title record and the file as a whole, examine the favourable and unfavourable elements in detail, and work from the very start of the process to forestall potential losses of rights.

We support our clients in Izmir and the surrounding region at every stage, from pre-purchase advice to title-deed cancellation and registration cases, and from dissolution of co-ownership and prevention of encroachment cases to expropriation and condominium disputes. Our aim is not merely to file suit; it is to offer, where possible, a foresighted advisory service that keeps the problem from ever arising, and to build the strongest legal ground when a dispute does arise. The losses of rights most frequently encountered in real estate files stem from a failure to examine the title record carefully, from missed preclusive periods, from incompletely drafted promise-to-sell agreements and from the incorrect determination of the property's value.

A dispute over a property, because it very often concerns a person's largest investment, gives rise to serious anxiety. Having an experienced legal adviser at your side in this process both protects your rights and ensures that the process advances more predictably. For any question concerning real estate law, whether a pre-purchase examination or a dispute that has already arisen, you are welcome to contact our office.