Real Estate Law and Property Disputes

1. Introduction – The Importance of Real Estate Law

Real estate law is a fundamental field that regulates the protection, transfer, use of rights over immovable property, and the resolution of disputes arising from these rights for individuals and companies.
Immovables such as land, residences, workplaces, fields, factories, residences/condominiums, and commercial buildings have high economic value. Therefore, every transaction related to real estate law must be conducted meticulously to safeguard ownership rights, protect investments, and prevent legal risks.
At Keleş Law & Consultancy, we provide comprehensive services ranging from drafting all agreements related to real estate law to land registry (tapu) procedures, litigation, and foreign investor advisory.

2. Legal Basis of Real Estate Law

Transactions related to real estate law are carried out within the framework of the following legislation:

• Turkish Civil Code No. 4721 (ownership, possession, real rights, immovable property)
• Land Registry Law No. 2644 (land registry/registration, acquisition of immovable property by foreigners)
• Condominium Law No. 634 (condominium easement, independent units, common areas)
• Expropriation Law No. 2942
• Zoning Law No. 3194
• Law No. 6306 on the Transformation of Areas Under Disaster Risk
• Turkish Code of Obligations No. 6098 (lease, sale, immovable property agreements)

In addition to these statutes, Court of Cassation (Yargıtay) precedents serve as guidance in resolving real estate disputes.

3. Our Comprehensive Service Areas

3.1 Actions for Annulment and Registration of Title (Tapu İptal ve Tescil)

Where there is fraud, error, sham (muvazaa), or forgery in land registry records, ownership rights are violated. In such cases, an action for annulment and registration of title ensures the property is restored to its rightful owner.
In this process, our office:

• Examines the legal source of ownership,
• Analyzes land registry extracts and cadastre information,
• Builds a strong litigation strategy with expert reports, on-site inspections, and witness evidence.
  Taking Court of Cassation precedents and practical case law into account, we aim for the swiftest possible resolution.

3.2 Sham (Concealed Sale)-Based Claims

Fraudulent sale transactions made to conceal assets from heirs or third parties give rise to “muris muvazaası” (sham transactions by the deceased) claims.
In such cases it is proven that:

• A transaction recorded as a sale in the land registry is actually a donation,
• Heirs’ rights are violated,
• The property has been diverted through transfers with no or nominal consideration.
  These lawsuits are lengthy and technical; representation by a specialist real estate attorney is essential.

3.3 Construction Agreements in Return for Flats / Shares of Land

The construction sector is one of Türkiye’s most dispute-prone fields. In construction-for-flat agreements, frequent issues include:

• Failure of the contractor to deliver the project on time,
• Incomplete or defective delivery,
• Failure to deliver the promised independent units to the landowner,
• Permit (license) or occupancy certificate (iskan) problems,
• Absence or non-enforcement of penalty clauses.
  Such agreements must be notarized, clear, and contain verifiable provisions. Our firm manages pre-contract risk analysis, security/guarantee review, dispute management, and litigation end-to-end.

3.4 Lease Law – Adaptation, Eviction, and Unjust Occupation (Ecrimisil)

Due to recent increases in residential rents, lease disputes have risen markedly.
At Keleş Law, we represent both landlords and tenants in:

• Rent determination and adaptation lawsuits,
• Eviction actions,
• Claims for rent receivables,
• Eviction based on need,
• Eviction undertakings.
  We also pursue ecrimisil (unjust occupation damages) claims in cases of unauthorized use of immovable property.

3.5 Acquisition of Real Estate in Türkiye by Foreigners

Türkiye offers an attractive real estate market for foreign investors.
Pursuant to Land Registry Law Art. 35, foreign nationals may acquire real estate in Türkiye, with certain security-based exceptions.
For foreign clients, we provide full legal support in:

• Land registry (tapu) procedures,
• Obtaining a tax number,
• Residence permit and citizenship applications,
• Turkish citizenship by investment (minimum investment of USD 400,000).
  All procedures can be conducted in English, Arabic, Russian, and Persian.

3.6 Mortgage, Usufruct, Superficies, and Easements

Limited real rights established over real estate are as significant as the transfer of ownership. These include:

• Mortgage: a security over immovable property for a debt,
• Usufruct: confers the right to derive income/benefit without transferring ownership,
• Right of Superficies: permits construction on land owned by another,
• Easements: usage rights in favor of an adjacent or beneficiary property.
  We advise on the establishment, discharge, and dispute resolution concerning these rights.

3.7 Inheritance and Real Estate Partition Disputes

Disagreements among heirs over property partition frequently lead to dissolution of co-ownership (izale-i şuyu) or partition lawsuits.
In these cases we handle:

• Sale of the property and distribution of proceeds,
• De facto partition (allocation of use),
• Determination of inheritance shares.
  We also carry out land registry transfer procedures for inherited properties.

3.8 Expropriation and De Facto Expropriation

The State or municipalities may take possession of property for public interest.
In such cases, we manage:

• Fair valuation of the expropriation price,
• Compensation claims for de facto expropriation (without a formal decision),
• Court-ordered valuation processes.
  In de facto expropriation cases, it is possible to recover compensation with interest for past years.

3.9 Zoning Law and Urban Transformation

Administrative actions such as zoning plan amendments, permit/license cancellations, building registration certificates, demolition of illegal structures, and urban transformation agreements are integral to real estate law.
At Keleş Law we provide representation in:

• Objections to zoning plans,
• Actions for annulment of building permits,
• Advisory on urban transformation processes.

3.10 Legal Due Diligence for Real Estate Investments

Especially for foreign investors, a thorough analysis of a property’s history, encumbrances (takyidat), zoning status, debts, and mortgage risks is essential.
Before investment, our firm prepares a detailed legal due diligence report for each property to ensure a secure transaction.

4. Types of Lawsuits in Real Estate Law

The most common types of lawsuits in real estate law include:

• Action for annulment and registration of title,
• Action for prevention of interference (el atmanın önlenmesi),
• Ecrimisil (unjust occupation damages),
• Rent determination/adaptation actions,
• Compensation claims arising from construction-for-flat agreements,
• Expropriation price determination lawsuits,
• Actions for annulment of zoning plans,
• Disputes arising from usufruct or mortgage rights,
• Inheritance/partition lawsuits,
• Condominium law disputes.
  Each type of case requires different timelines, evidence, and forums. Therefore, assistance from a specialist real estate attorney is of great importance.

5. Real Estate Law Services for Investors and Companies

For companies investing in real estate and for foreign investors, we provide advisory on:

• Acquiring property in the name of a company,
• Land registry record reviews,
• Shareholders’/partnership agreements,
• Project finance,
• Establishing condominium ownership,
• Commercial lease agreements.
  We also provide post-investment support for tax planning, AML (MASAK) compliance, and citizenship processes.

6. Common Mistakes in Real Estate Law Processes

1. Failing to check encumbrances (takyidat) before transacting at the land registry,
2. Executing agreements without notarization,
3. Foreign investors’ lack of awareness of country-specific restrictions,
4. Absence of penalty clauses in construction-for-flat agreements,
5. Selling without verifying zoning status or share of land,
6. Transferring title with an inadequate power of attorney,
7. Basing a title annulment action on an incorrect legal ground.
   These mistakes lead to loss of ownership or prolonged litigation.

7. Why Keleş Law & Consultancy?

• Expert Team: Experienced attorneys in real estate, investment, and foreigners’ law,
• International Service: Advisory in English, Arabic, Russian, and Persian,
• Investment-Focused Approach: Risk analysis, due diligence, and protection of ownership,
• Ankara-Based, Nationwide Service: Representation in cities such as Istanbul, Antalya, and Izmir,
• Transparent Case Management: Every step of the case is shared with the client.

Real Estate Law – Frequently Asked Questions (FAQ)

1) What is real estate law and what does it cover?

Real estate law regulates the ownership, use, transfer, and partition of immovable property and the resolution of disputes arising from these transactions.
It covers all legal procedures related to immovables such as land, residences, workplaces, fields, factories, residences/condominiums, and commercial buildings.
It spans a very broad spectrum including actions for annulment of title, lease agreements, construction-for-flat agreements, expropriation, ecrimisil, and zoning plan disputes.
At Keleş Law & Consultancy, we serve nationwide from Ankara in the fields of property law, investment law, and protection of ownership rights.

2) What is an action for annulment and registration of title? When is it filed?

It is filed when a land registry record has been created unlawfully or the property has been transferred to the wrong person.
Typical scenarios include:

• Fraudulent (sham) sale transactions,
• Transfers made with forged powers of attorney,
• Asset concealment from heirs (muris muvazaası),
• Erroneous registration,
• Invalid preliminary sale (sale promise) agreements,
• Cadastre errors.
  Correct collection of evidence, expert examinations, and thorough analysis of land registry records are crucial.
  Keleş Law manages the process from the outset with a team specialized in actions for annulment and registration of title, protecting clients’ ownership rights in Ankara and across Türkiye.

3) What is a construction-for-flat agreement and what are the risks?

A construction-for-flat agreement is based on the contractor receiving land from the landowner in return for delivering certain independent units upon completion of the building.
Common risks include:

• Failure to complete the project on time,
• Incomplete or defective delivery,
• Failure to deliver the promised independent unit to the landowner,
• Failure to obtain permits and occupancy,
• Absence of penalty clauses.
  Therefore, the agreement should be notarized, clear, and include provisions on delivery times, guarantees, and penalties.
  Keleş Law & Consultancy advises both contractors and landowners to ensure secure drafting of the agreement.

4) How is a tenant evicted? How is the rent increase determined?

Eviction of a tenant depends on specific conditions set out in the Turkish Code of Obligations.
Eviction lawsuits are usually filed for:

• Non-payment of rent,
• Eviction undertakings,
• The landlord’s genuine need for housing,
• Breach of the lease by the tenant.
  Rent increase rates were capped (for residences) by the CPI upper limit (25%) until the end of 2024; this cap may change as of 2025.
  Keleş Law provides legal support to both landlords and tenants in rent adaptation, eviction, ecrimisil, and receivable claims.

5) Can foreigners buy real estate in Türkiye?

Yes. Under Article 35 of the Land Registry Law, foreign natural persons may purchase real estate in Türkiye, except in certain restricted/security areas.
For foreign investors, the process typically includes:

• Obtaining a tax number,
• Scheduling a land registry (tapu) appointment,
• Payment through a bank,
• Preparation of an appraisal report,
• Verifying eligibility for citizenship applications (for investments over USD 400,000).
  Keleş Law & Consultancy offers foreign investor advisory and citizenship by investment services in English, Arabic, Russian, and Persian.

6) What is ecrimisil (unjust occupation damages)?

If someone uses an immovable property without the owner’s consent, the owner may file an ecrimisil action to claim retroactive compensation.
This compensation corresponds to the rental value and may be claimed retroactively up to 5 years.
Examples:

• A neighbor’s unauthorized use of a garden,
• Unauthorized parking on a vacant lot,
• A former tenant not vacating the property after eviction.
  Keleş Law pursues these cases meticulously, supporting ecrimisil calculations with expert reports.

7) What is expropriation or de facto expropriation?

The State or municipalities may take property for public interest, in which case the price must be paid fairly.
Sometimes the administration occupies property without a formal expropriation decision; this is called de facto expropriation.
In such cases, the owner may file a compensation claim with interest to recover the property’s value.
Keleş Law & Consultancy protects property owners’ rights in expropriation price determination and compensation lawsuits.

8) What should be considered in zoning plans, urban transformation, and building registration certificates?

Zoning plan amendments, permit cancellations, building registration certificate applications, and urban transformation projects involve serious legal procedures.
Illegal or unlicensed constructions may lead to fines and demolition.
Keleş Law provides comprehensive advisory on:

• Building registration certificate procedures,
• Actions for annulment of zoning plans,
• Urban transformation agreements.

9) Is it possible to acquire Turkish citizenship through real estate purchase?

Yes. By purchasing real estate worth at least USD 400,000, one may apply for Turkish citizenship.
However, undervaluation of the property, incorrect appraisal reports, or lack of a sales restriction annotation on the title deed may result in rejection.
Keleş Law & Consultancy manages property selection, valuation, correspondence with the General Directorate of Land Registry, and applications to the Migration Authority on behalf of clients for citizenship by investment.

10) How does Keleş Law support clients in real estate disputes?

Our firm is based in Ankara and handles real estate disputes nationwide.
With our expert team, we provide end-to-end legal representation—from agreements to litigation—in:

• Actions for annulment and registration of title,
• Lease law,
• Construction-for-flat agreements,
• Expropriation,
• Zoning plan disputes,
• Foreign investor procedures.
  Clients can meet our attorneys quickly at our Ankara-Çankaya office or via online consultations.