REAL ESTATE LAWYER IN ISTANBUL
Our lawyers working in the department of real estate law provide consultancy service at every stage of real estate and construction law and represent our clients through these processes. Turkish real estate lawyer.
Our clients are composed by property owners, real estate investors, contractors, architects, financiers, construction firms, engineers, planner and persons or legal persons that obtain real or personal rights on immovable property. Real estate lawyers who work in real estate law department in our office are composed of qualified and experienced lawyers who educated themselves in their subjects.
Some services provided by our real estate, land registry, estate and construction lawyers in the field of real estate law
- Real Estate Purchase and Sale Contracts, Negotiations and Arrangements for Sales Promotion Contracts
- Rental Contracts
- Obtaining Construction License and Occupancy Permit, and obtaining applications to the relevant official authorities for the provision of these permits
- Obtaining licenses and permits for opening and operating workplaces, and making applications to the relevant official authorities for the provision of such licenses
- Mortgage Contracts
- Floor Easement Contracts
- Title Deed Transactions
- Construction Agreements
- Building Management Contracts
- Project Management Contracts
- Shopping Centers Management Contracts
- License Contracts
- Brokerage Contracts
- Identical-personal right settlement contracts
- The determination of the legal situation and preparation of its report
- Purchase and sale agreements
- Inspection of suitability of project with environmental legislation
- Real Estate Financing
- Property Possession of Foreigners
- Transactions and contracts related to real estate investment trusts
Real Estate and Title deed Lawyers Istanbul
As we can infer its name, real estate lawyer is the name given to the lawyer specialist in the field of real estate. But, we should state that real estate law is a comprehensive field that concerns many law branches. In general, real estate law involves property law, obligation law and execution and bankruptcy law. For this reason, to be specialist in real estate law is really hard as it is necessary for someone, who wants to be expert in the field being talked about, to be dominant to many law branches. Here we call the person who has enough legal knowledge and dominant to the law branches being talked about and other related sources as real estate lawyer. Real estate lawyers in Turkey
When we think about real estate investment in turkey, the first things occur in our minds are house, workplace and land. Here in our law, a new law branch has been made in order to protect these immovable properties and be able to realize transactions about them so that this is called as real estate law. One of the primary reasons of why real estate is considered so important is that people have the opportunity to acquire real estate in very difficult conditions. In such a case, the legislator has made a number of arrangements in order to protect the properties as well as to carry out transactions such as buying, selling and renting them. Also, we should state that another reason why real estate law is considered so important is that building sector developing much recently. It is now possible to find new constructions almost everywhere. Real estate lawyer in Turkey
That construction sector has a large share in economy has provide real estate law to have a large importance in trade, too. The first person that needs to be consulted in the solutions of cases and conflictions arisen because of real estate properties, of course, should be real estate lawyer in Turkey. Because, real estate lawyer will both take part in the cases related to the real estate and provide legal support to people in order to resolve conflictions arisen. At the same time, real estate lawyer will provide consultancy service in many subjects even if there aren’t any conflictions yet. Real estate lawyer will prevent possible loss of rights and benefits of people thanks to his/her service. As a result, the loss of a real estate may cause big harms. Here in every subject related to the real estate, it will be beneficial to get a professional support in order to prevent the occurrence of these damages and to minimize the problems that may occur. Real estate lawyer in istanbul
What are the real estate and the land cases?
Real estate and land lawyer can also apply the way to file for case in the solutions of disputes that have arisen if necessary, along with providing consultancy service to the people applied to him/her. There are many Turkish real estate companies and also, foreign investment in turkey. With the rapid development of construction industry, many buildings and workplaces have been built and the number of lawsuits seen in the field of real estate law in turkey has increased in proportion to these. Especially houses and workplaces that people only see and buy from models built turned into problems later. But, it would not be right to explain the cause of the emerging cases in this area is only through the development of construction industry. The disputes that arise between the parties are also referred to the court. Since the cases arising in the field of Turkish real estate law are specific types of lawsuits, both technical and legal knowledge are required to be able to rule these cases. Here also the importance of real estate lawyer arises at this point.
One of the frequently encountered real estate cases in the practice is the cases of cancellation and registration of title deeds. Moreover, the case of the correction of the title deed registry opened for correcting the wrong records kept in the deed registry incorrectly is also one of the frequently encountered cases. Beside these, compensation cases arising from immovable properties, adequate price cases, the case of prohibition of intervention (actio negatoria), the case of determination of rent price and the cases opened because of conflictions of condominium are among the subjects that real estate lawyer in Turkey dealt with. In some cases, it appears that the partners have filed for action for preemption in order to use their pre-emptive rights. At the same time, eviction cases and actions of replevin are also within the expertise field of real estate law attorneys in Turkey. Here in the settlement of all these cases arising from immovable properties, consulting a specialist lawyer in real estate law and executing the legal process with him/her is important in terms of people not to be exposed loss of rights and benefits. Turkish real estate lawyers
Preliminary sales contracts of real estate
One of the most important transactions which we think need to be done in consultation with real estate law attorney is preliminary sales contracts of real estate. First of all, we should state that the preliminary sales contracts of real estate are a kind of agreement which is possible to be arranged both in notary public and in land registry office. According to the agreement being talked about, the parties agree to conclude that the sale of real estate being subject to the contract will be realized until the date foreseen by them, that is, they contract an engagement in Turkey real estate investment. Therefore, it is undeniable that the contract has an important influence in practice.
It is possible to say that the effect of the contract will become even more important, especially if the promise of real estate sales is annotated to the title deed. Because, if the promise is annotated to the title, the possibility of asserting promise against third persons for five years will emerge. Therefore, this situation makes the contract become more important. The facts that the contract is establishing a right to the person and can be asserted against other persons are among the factors that increase its importance. Hence, it must definitely be acted upon by a real estate lawyer during the preparation of this contract and its annotation to the title deed. Turkish real estate lawyer
What are the issues that real estate and construction lawyers provide consultancy services?
Real estate lawyer rules cases arising about immovable properties as well as provides consultancy services on certain issues to the people who apply to him/her. The facts that large amounts are being used in real estate businesses and a large amount will be lost as a result of a mistake have made getting counselling service from real estate law more necessary. Real estate turkey
There are many issues on which title deed lawyers provide legal support. We can sort out some of them, which are among the issues that real estate lawyer provide support as an expert, as follows; foreign investment in turkey, real estate financing advice, the transactions to be realized in title deed, mortgage and pledge on immovable property, real estate acquisition by foreigners, real estate sales contracts, preparation of preliminary sales contracts, preparation of rental contracts and resolution of conflictions arising from property law. While realizing transactions about sale of immovable properties, it will be beneficial to act upon by a real estate lawyer in order not to be a victim of fraud case. In view of these issues, we should say that real estate lawyer is an expert lawyer who gives service to people not only in the cases but also in preparation, inspection and implementation of every kind of agreements that will be realized before the cases.
How will foreigners get real estate?
According to the provision stated in title deed law, the reciprocity stipulation which is in existence for foreigners to be able to acquire real estate in our country is not in force anymore. According to the relevant law, the real persons of foreign nationality shall be entitled to real estate and limited real rights within the borders of Turkey providing that being adhere to the boundaries stated in the law. The institution which real person of foreign nationality should apply for the purpose of ownership is title deed registration authority in which real estate is located. Real estate investment turkey
The foreigner has the opportunity to be able to get real estate only by adhering to the limitations foreseen in the law. One of the limitations that exist in the law is about that the real person of foreign nationality can only own 30 hectares of immovable properties in the whole country. If the areas to be purchased are private property, they cannot exceed 10 percent of surface area. At the same time, the Council of Ministers can limit, stop, prohibit or expand the acquisition of real estate by foreign nationality persons if necessary. If foreigners want to acquire non-built immovable property such as land or field, they have to submit immovable-related projects to the approval of the Ministry within two years. If the project is approved, the relevant ministry will follow up whether it has been realized or not.
In addition to the limitations we have mentioned above, there are also some other limitations related to the foreigners in the Land Registry Law in Turkey. At the same time, it would not be sufficient to be able to have immovable property by only dependent on the rules. It is required that the necessary documents must be prepared and delivered to the relevant authority. Here in terms of to be able to execute all of these procedures correctly and fast, consulting to real estate lawyer in turkey and executing processes by his/her support is important in the sense of both the time and realizing a legal transaction. Real estate Turkey
The importance of real estate and land registry lawyers in construction and land cases
Actually we have stated how much real estate lawyer is important in all sections of our writing. But, we should also mention that along with that the real estate lawyer has a big role in getting counseling service, we see that a lawyer who is specialized in cases related to real estate has become even more important. Because, especially real estate cases have a long and complex structure, it is unlikely to carry out legal proceedings on an individual basis. It is very unlikely that a person will succeed even if he/she does legal proceedings without a lawyer. At the same time, it would not be a logical action to leave the transactions to chance and join the case without a lawyer if it is thought that huge amounts of money are spoken in real estate cases. For this reason, giving a power of attorney to an expert real estate lawyer and executing cases like this either in cases related to the conveyance of rights or in the cases related to the resolution of arising conflictions would be the best action. Also, the choice of lawyer must also be carefully conducted in the execution of the case related to immovable properties and a lawyer who has both experience and expertise should be employed. Turkish real estate lawyers
You can reach us by calling Topo Law Office in Cevizlibağ, İstanbul or by filling out the form below and also you can get legal advice for your problems in Real Estate Law by contact us. Real estate lawyer
Publish Date: August 5, 2015