What is Real Estate Law?

 

Real estate law is a branch of law that deals with the ownership, use, leasing, transfer, and other transactions related to immovable properties (land, buildings, fields, etc.). Therefore, real estate law is also referred to as immovable property law. It is studied both as a branch of private law and as a part of public law. Real estate law encompasses the legal regulations that determine the rights and obligations of landlords, tenants, buyers, sellers, and other relevant parties. This field of law includes topics such as land registers, property deeds, property transfer processes, purchase and pre-emption agreements, construction contracts based on the floor and land share, lease agreements, disputes arising from contracts, urban transformation, risky structures, occupation fees, mortgage and lien transactions, and more. Real estate law covers concepts of real rights (such as ownership, and limited real rights) and personal rights (such as tenancy, usufruct, use). Additionally, it is closely related to other branches of law such as zoning law, construction law, tax law, and environmental law.

 

Real Estate Law and Property Law

 

Although the terms real estate law and property law are often used interchangeably, they refer to different branches of law. Real estate law is the branch of law that deals with the ownership, use, leasing, transfer, and other transactions related to immovable properties. Property law, on the other hand, is a branch of law that regulates the legal aspects of real estate transactions in a broader sense. This concept includes real estate law but represents a broader scope. Property law encompasses not only the ownership, leasing, and transfer of immovable properties like real estate law but also topics such as property management, property taxes, land registry procedures, real estate sales, real estate brokerage, and more. 

 

Real Estate and Construction Law

 

Real estate law and construction law are closely related branches of law. While real estate law focuses on the ownership, use, leasing, transfer, and other transactions related to immovable properties, construction law encompasses the legal regulations regarding the construction and use of structures.

Construction law regulates legal issues related to construction projects, construction activities, use of structures, technical standards, construction materials, and other construction processes. It is closely related to zoning law, construction engineering, construction supervision, construction insurance, construction contracts, contract law, consumer protection law, and other branches of law.

Real estate law, while being associated with construction law in terms of the legal aspects of construction, deals with the ownership, use, and transactions related to immovable properties. Therefore, while construction law regulates legal issues that arise during the construction process, real estate law governs the use, transfer, leasing, and other transactions of immovable properties that result from construction.

Ultimately, it is crucial to work with a specialized real estate law attorney in the identification and resolution of disputes arising in this field.

 

Real Estate Law Legislation in the Turkish Legal System

 

When we refer to real estate law legislation in the Turkish legal system, it includes various laws and regulations, with the Turkish Civil Code being the primary one. Given its nature, real estate law encompasses various disciplines. The fundamental laws related to real estate law are as follows:

 

• Turkish Civil Code: It is the main law that includes provisions regarding ownership, inheritance, land registry, and other matters related to immovable properties.

 

• Land Registry Law: It regulates the registration of immovable properties in the land registry, land registry procedures, record-keeping, and updates.

 

• Condominium Law: It covers the division of immovable properties such as buildings and land into independent sections through condominium ownership or joint ownership. It regulates the ownership, use, management, sale, and other transactions of these independent sections.

 

• Real Estate Tax Law: It includes provisions for determining the value of immovable properties and the collection of real estate tax.

 

• Zoning Law: It contains provisions regarding the use of immovable properties, urban development, preparation of zoning plans, approval of construction projects, and other related matters.

 

• Turkish Code of Obligations: As a general law regulating contract law, it also includes provisions concerning specific aspects of immovable lease contracts. It also covers matters such as eviction of leased properties and conditions for immovable property leases. Additionally, the legislation related to real estate law includes other laws and regulations such as the Tax Procedure Law, Municipal Revenues Law, Execution and Bankruptcy Law, Land Registry Regulation, and Cadastre Regulation.

 

In summary, the Turkish legal system encompasses a range of laws and regulations that regulate real estate law, including the ownership, use, transfer, and other transactions related to immovable properties

 

Real Estate Law Cases

 

Real estate law is a branch of law that deals with the ownership, use, lease, transfer, and other transactions related to immovable properties, and various disputes may arise in this field. These disputes are attempted to be resolved in courts and are known as real estate law cases. Real estate law cases can generally be examined under the following headings:

• Title Cancellation and Registration Cases: Lawsuits filed for the cancellation or correction of title records due to errors in the land registry, use of forged documents, or other reasons.

 

• Compensation Cases: Lawsuits filed for the compensation of damages arising from disputes or faulty transactions between property owners.

 

• Lease Cases: Cases related to disputes between tenants and landlords, including eviction, rent determination, rent adjustment cases, and other cases arising from lease agreements.

 

• Occupation Cases: Lawsuits filed due to the occupation or seizure of property by a person other than the property owner.

 

• Condominium Law Cases: Lawsuits filed due to disputes related to a condominium or floor ownership arrangements or conflicts among condominium owners.

 

• Mortgage Cases: Lawsuits filed due to mortgages placed on immovable properties.

 

• Building Inspection Cases: Lawsuits filed due to errors in construction projects.

 

• Cases Arising from Sales and Pre-emption Contracts: Lawsuits arising from disputes regarding the sale and purchase of real estate and pre-emption rights.

 

• Cases Arising from Urban Transformation and Risky Buildings: Lawsuits encompassing all kinds of disputes arising from urban transformation projects, as well as cases related to the demolition of risky buildings within the scope of urban transformation projects and their connection to property rights.

 

Considering the current regulations and disputes arising in this field, it is generally crucial to seek legal support from real estate law lawyers and specialized experts when conflicts arise in such a legal field that contains technical details. In this regard, it is necessary to express that we operate with our specialized team and strive to provide quality service to our clients. Additionally, we also provide all kinds of technical and legal consultancy to minimize the loss of rights of our clients by resolving legal processes as quickly as possible within the existing system. In line with this, our main services in the field of real estate law provided to our clients are as follows:

 

• Legal consultancy for the acquisition of immovable properties, including purchase, acquisition, donation, or exchange of immovable properties,

 

• Preparation of all kinds of contracts related to real estate leasing, determination of rental amounts, and determination of rent increase/revision rates,

 

• Initiation and follow-up of legal processes in case of any disputes related to lease law,

 

• Preparation of all kinds of construction contracts in the presence of construction projects, follow-up of necessary administrative and special permits,

• Monitoring of mortgage and/or lien transactions,

 

• Provision of legal consultancy services and preparation of relevant contracts in the context of a transfer of immovable properties through inheritance and inheritance law,

 

• Provision of legal support to prevent potential problems arising from zoning and planning processes,

 

• Preparation of contractual processes related to contractors, subcontracting, and supply services,

 

• Establishment of condominium ownership and easement together,

 

• Pursuit of eviction prevention cases and defective real estate cases,

 

• Provision of legal consultancy services for the management and transactions of building cooperatives,

 

• Monitoring of all legal processes related to eviction, rent determination, and adjustment cases, as well as lease agreements,

 

• Monitoring of legal processes along with providing consultancy services for problems arising from risky buildings and disputes arising from urban transformation projects."