Real Estate Lawyer

A house, a plot of land, a shop or a field: real estate is often a person’s most valuable asset, and for this reason property disputes have serious consequences, both financially and emotionally. As a real estate lawyer in Mersin, I provide legal support in title deed cancellation and registration cases, partition of co-owned property, tenancy and eviction disputes, condominium problems, buying and selling real estate, and protecting landowners’ rights in construction-for-flats agreements. In real estate cases, procedural rules such as time limits, preconditions for bringing a case and the competent court are decisive; the right first step directly affects how long the process takes and how it ends.

What Does a Real Estate Lawyer Help With?

• Title deed cancellation and registration cases based on a sham transfer by the deceased (muris muvazaası), abuse of a power of attorney and other grounds
• Partition of property that has come into shared ownership through inheritance or joint purchase
• Tenancy agreements, determination of rent and eviction of tenants
• Service charge, common area and management disputes in apartment buildings and housing complexes
• Legal due diligence when buying and selling real estate, and disputes over promise-to-sell agreements and deposits
• Legal checks for foreign nationals buying property in Türkiye, including the valuation report, power of attorney and title deed transfer
• Contractor delays and incomplete or defective work in construction-for-flats projects
• Actions to prevent interference due to unlawful occupation, and claims for compensation for use (ecrimisil)
• Objections to expropriation compensation and actions for de facto expropriation (kamulaştırmasız el atma)

Title Deed Cancellation and Registration Cases

Where the land registry entry does not reflect the true legal position, an action for cancellation of the title deed and registration (tapu iptali ve tescil davası) is filed. The most common examples are: the deceased transferring property while presenting it as a sale in order to deprive their heirs of it (muris muvazaası); an agent abusing their authority in transactions carried out under a power of attorney (vekâletname); transfers made by a person without legal capacity; and sales made through deceit or duress. In these cases, land registry records, official deeds, bank transactions and witness statements are assessed together. For details, see the title deed cancellation and registration page.

Partition of Co-Owned Property

Where a property belongs to more than one person and the co-owners cannot agree on its use or sale, each co-owner may request partition (ortaklığın giderilmesi). The court ends the co-ownership by dividing the property in kind if this is possible, and otherwise by putting it up for sale. Partition cases are heard by the civil court of peace (sulh hukuk mahkemesi), and applying to a mediator before filing the case is mandatory. This process often comes up with properties that have passed to many people through inheritance. For details, see the partition of co-owned property page.

Tenancy Disputes and Eviction

Disputes arising from tenancy relationships are the busiest area of real estate litigation. For residential and roofed commercial premises, the annual rent increase may not exceed the change in the twelve-month average of the consumer price index for the previous rental year; in tenancies that have lasted five years, the new rent can be set by the court on the basis of fairness. A tenant can be evicted only on the grounds listed in the law: the main ones are non-payment of rent, a written undertaking to vacate (tahliye taahhüdü), the need of the landlord or their relatives for a home or workplace, reconstruction or major renovation, and two justified written warnings (iki haklı ihtar). Each ground has its own time limits.

Tenancy disputes are heard by the civil court of peace, and for a significant part of rent determination and eviction claims, applying to a mediator before filing the case is mandatory. For details, see the tenancy lawyer, rent determination case and tenant eviction case pages.

Condominium and Housing Complex Disputes

Unpaid service charges, use of common areas for personal purposes, activities contrary to the management plan, unauthorised alterations and objections to management board decisions are common disputes in apartment buildings and housing complexes. Cases arising from the Condominium Law (Kat Mülkiyeti Kanunu, KMK) are heard by the civil court of peace, and mediation before filing a case is mandatory for these disputes as well. Enforcement proceedings (icra takibi) can also be started for unpaid service charges. For details, see the condominium disputes page.

What to Watch Out for When Buying and Selling Real Estate

A sale of real estate is valid only if it is carried out as an official transaction at the Land Registry Office (tapu müdürlüğü); sales made outside the land registry by an ordinary written contract do not transfer ownership. Promise-to-sell agreements (satış vaadi sözleşmesi) are also invalid unless drawn up by a notary in official form. Before buying, you should check any mortgages, attachments and annotations on the land registry record, the zoning status and occupancy permit (yapı kullanma izni), whether condominium ownership has been established, and whether there is any ongoing case concerning the property.

In disputes over a deposit (kapora) and a withdrawal fee (cayma bedeli), stating in writing what the payment was made for changes the outcome. Declaring a price lower than the real sale price at the land registry puts both buyer and seller at risk, both for tax purposes and in any lawsuits that may be filed later.

Buying Property in Mersin as a Foreigner

Many foreign nationals buy flats and holiday homes in Mersin, particularly in the coastal districts. The purchase follows the same land registry procedure as for Turkish citizens, but some additional rules and documents apply. Checking these before any money is paid prevents the most common problems.

Who can buy real estate in Türkiye?

Under Article 35 of the Land Registry Law No. 2644 (Tapu Kanunu), foreign nationals who are citizens of countries determined by the President can acquire real estate and limited rights in rem in Türkiye, subject to the legal restrictions. The total area acquired by foreign nationals may not exceed 10% of the privately owned area of a district, or 30 hectares per person across the country. Companies established abroad under foreign law can acquire real estate only under special laws. A foreign buyer of undeveloped land must submit the project to be developed on it to the relevant ministry for approval within two years. Acquisition is restricted in military forbidden zones, military security zones and special security zones; whether a property falls into such an area is checked before the sale.

Steps and checks before the sale

1. Tax number: A Turkish tax identification number (vergi kimlik numarası) is needed for the transaction and for paying the fees.
2. Land registry record: Mortgages, attachments and annotations on the title, the zoning status, the occupancy permit (yapı kullanma izni) and whether condominium ownership (kat mülkiyeti) has been established should be checked, as for any purchase.
3. Valuation report: Since 4 March 2019, a valuation report showing the market value of the property has been required in sales where a foreign national is the buyer or the seller. The sale price declared at the land registry may not be lower than the value in the report.
4. Compulsory earthquake insurance (DASK): For buildings covered by compulsory earthquake insurance, the land registry does not register the transfer unless a valid policy is presented (Law No. 6305 on Disaster Insurance).
5. Interpreter: If the foreign party does not speak Turkish, an interpreter must be present during the transaction at the land registry.
6. Payment: Making the payment through a bank and in a traceable way protects both parties if a dispute arises later.

Title deed fees

On a sale, title deed fees (tapu harcı) of 2% of the declared price are payable separately by the buyer and by the seller under the Fees Law No. 492 (Harçlar Kanunu). In practice, the parties sometimes agree that one side pays both shares; this should be stated clearly in writing. The fee for the valuation report is paid in addition.

Buying from abroad with a power of attorney

It is not necessary to come to Türkiye for the purchase. A power of attorney (vekâletname) can be issued at a Turkish consulate, or before a notary in your country and then certified with an apostille under the Hague Convention and translated into Turkish. The power of attorney should state clearly which property it covers and which transactions it authorises, such as buying, paying the fees and obtaining the valuation report.

Residence permit and citizenship through property

Foreign nationals who own real estate in Türkiye can apply for a short-term residence permit under Article 31(1)(b) of the Law on Foreigners and International Protection No. 6458 (YUKK). The type and minimum value of the property that qualifies are determined by the Ministry of Interior. Turkish citizenship can be acquired by buying real estate worth at least USD 400,000 and having a “not to be sold for three years” annotation entered in the land registry; the value must be confirmed by a valuation report. These conditions have changed several times in recent years, so they should be checked again at the time of purchase. For details, see the residence permits and Turkish citizenship pages.

Common problems in coastal housing complexes

The disputes that foreign buyers in Mersin most often face are paying for an off-plan flat on the basis of an ordinary contract that is not a notarised promise-to-sell agreement, buying a unit in a building without an occupancy permit or without established condominium ownership, a sale price declared lower than the real price, and service charge and management problems in holiday complexes. Having the documents reviewed before signing anything or paying a deposit avoids most of these issues.

Landowners’ Rights in Construction-for-Flats Agreements

In Mersin, many buildings are built by landowners giving their land to a contractor in exchange for certain flats (kat karşılığı inşaat). The most common problems are the contractor delaying construction, leaving the project unfinished, doing work that is incomplete or contrary to the technical specifications, and failing to deliver the units due to the landowner on time. In these situations, the landowner may claim the delay penalty and the cost of incomplete work, and, where the conditions are met, may terminate the agreement and demand the return of the shares transferred to the contractor. Having the agreement drawn up by a notary and linking the title transfers to the progress of construction strengthens the landowner’s position. For project developers and investors, see the real estate investment and development page.

Unlawful Occupation, Compensation for Use and Expropriation

If your property is being used without your permission, you can end the interference with an action to prevent interference (el atmanın önlenmesi davası), and claim payment for the use through a claim for compensation for use (ecrimisil). In shared ownership, one co-owner using the whole property alone may also, under certain conditions, give rise to a claim for compensation for use.

Owners whose property has been expropriated can, if no agreement is reached, object in the action for determination of value and registration filed by the administration that the value has been set too low, and ask for the real value of the property to be determined. If the administration takes over a property without carrying out a proper expropriation, payment or compensation can be claimed on the grounds of de facto expropriation.

Property Acquired Through Inheritance

On the death of the deceased, real estate passes to the heirs in joint ownership (elbirliği mülkiyeti). The main issues at this stage are registering the transfer to the heirs at the land registry, sharing among the heirs or partition, and challenging transfers made by the deceased during their lifetime through a sham transfer claim or a reduction action (tenkis davası). For inheritance processes, see the inheritance law page.

Real Estate Cases in Mersin

Cases concerning ownership and other rights in rem over real estate must be filed at the court of the place where the property is located. For this reason, a title deed cancellation and registration case concerning a property in Mersin is heard by the civil courts of first instance (asliye hukuk mahkemeleri) in Mersin, even if the claimant lives in another city. Tenancy, partition and condominium cases are filed at the civil courts of peace. For properties in districts such as Tarsus, Erdemli, Silifke, Mut and Anamur, the courts of that district have jurisdiction. In Mersin, the most common files are condominium problems in holiday housing complexes, tenancy disputes in coastal areas, construction-for-flats projects and agricultural land that has come into shared ownership through inheritance. For owners living in another city or abroad, the process can be conducted from here by power of attorney.

Frequently Asked Questions

Get an Assessment of Your Property Dispute

To get an assessment concerning a title deed, tenancy, co-ownership, a construction-for-flats project or a property you are thinking of buying, you can contact me through the contact page.