Real Estate & Property Law

The principal hazards in commercial and luxury residential transactions stem from concealed encumbrances: hidden judicial mortgages, executive liens, interim injunctions, usufruct rights, family dwelling reservations, and zoning sanctions. Relying exclusively on surface-level title certificates exposes investors to substantial capital loss.

Resen Legal performs full-scope Title Deed Due Diligence: auditing the Land Registry registers, inspecting municipal zoning archives for certified architectural licenses and Habitation Permits (İskân), and confirming that physical units conform exactly to registered architectural blueprints.

In off-plan development projects, the construction agreement in return for land share signed between developer and landowner must be scrutinized. We authenticate completion milestones, escrow mechanisms, and structural delay penalties to guarantee that payments made prior to handover are backed by legally enforceable instruments.

Foreign natural persons may acquire Turkish real estate pursuant to Article 35 of the Land Registry Law No. 2644. Foreign acquisition remains subject to statutory restrictions, including district and national surface-area limits, security-zone controls, and country/person/region-based restrictions that may be imposed by the Presidency.

For overseas buyers completing purchases remotely, Powers of Attorney (PoA) drafted at Turkish Consulates or notarized with Apostille stamps abroad must contain explicit statutory authority, physical photographs, and precise parcel identifiers. We also ensure full compliance with Central Bank foreign exchange sales certificates (DAB) under applicable central bank circulars.

Annotating preliminary promise-to-sell deeds at the title registry creates statutory in rem protection, preventing the vendor from conveying title to conflicting third-party buyers, subject to case-specific assessment and statutory registration requirements. Explore our guides: "Executing Real Estate Purchases in Turkey via Power of Attorney" and "Cross-Border Recognition of Foreign Powers of Attorney".

Turkish land registry directorates summarily reject general powers of attorney. The instrument must explicitly describe parcel identifiers, bear an embossed photograph, and explicitly authorize purchasing and conveyance registration.

For naturalization filings based on property acquisition, a statutory restrictive covenant is registered onto the title deed prohibiting sale or transfer for a duration of 3 continuous years pursuant to Article 20 of the Citizenship Enforcement Regulation.

The foreign currency valuation transcribed on the Central Bank DAB certificate, the purchase price declared on the official title deed, and the appraised market value certified by an SPK-licensed real estate valuer must demonstrate total mathematical alignment. Review: "Turkish Citizenship by Investment Legal Guide".

Inflationary shifts have spurred widespread tenancy disputes across commercial and residential leases. Under Article 344/3 of Law No. 6098, leases exceeding 5 years are subject to judicial "Rent Determination Lawsuits" (Kira Tespit Davası) where courts evaluate prevailing market comparables in light of statutory criteria and equitable considerations.

Our litigation team monitors Court of Cassation (Yargıtay) precedents on lease claims, developing case-specific legal strategies. We also litigate written eviction commitments (Tahliye Taahhütnamesi), personal dwelling necessity evictions (Art. 350), and the 10-year statutory lease extension rule.

Most lease-related disputes are subject to mandatory mediation before litigation under Law No. 7445, except for eviction proceedings pursued through the specific non-judicial enforcement route under the Enforcement and Bankruptcy Law. An executed mediation accord constitutes an enforceable title equivalent to a court decree, bypassing prolonged judicial calendars. See our analysis: "Rent Determination Lawsuits under Turkish Tenancy Jurisprudence".

Under Law No. 6306, certain redevelopment decisions may be adopted by a simple majority calculated according to ownership shares / land share ratios, rather than unanimity. While accelerating urban regeneration projects, this underscores the necessity of a case-specific assessment to protect equitable property valuations and minority owners' statutory rights.

We negotiate Construction Agreements in Return for Land Share (Kat Karşılığı İnşaat Sözleşmeleri), structuring completion guarantees, delayed delivery penalty clauses, share correction lawsuits, and title remedies against contractor insolvency under current legislation and administrative practice.

The most contested property disputes involve Title Deed Annulment and Registration Lawsuits (Tapu İptal ve Tescil Davaları). These arise when properties are transferred through fraudulent collusive transactions designed to disinherit legal heirs (Muris Muvazaası), or where attorneys-in-fact exceed their fiduciary authority under executed powers of attorney.

Furthermore, we enforce statutory pre-emption rights (Şufa Davası) among shared tenancy co-owners, file eviction actions coupled with mesne profit damages (Ecrimisil) against wrongful possessors, and initiate court proceedings to release obsolete or expired mortgages and lis pendens annotations.

Our cross-border real estate practice assists international investors acquiring property in London and across England. We navigate conveyancing searches, non-resident Stamp Duty Land Tax (SDLT) surcharges, and cross-border rental income tax mitigation. Read our guide: "Can Turkish Nationals Acquire UK Property?".