Real Estate Lawyer in Ankara

When is a title deed cancellation and registration lawsuit filed?

Where the land registry record does not reflect the true legal position, a title deed cancellation and registration lawsuit is filed to correct the record. Under the Turkish Civil Code (TMK) Art. 1025, a registration made without a valid legal ground is an unlawful registration, and the right holder may request that the record be corrected.

• Sham transfers by the deceased intended to deprive heirs of their inheritance (muris muvazaası)
• Sales made through abuse of a power of attorney
• Transactions involving lack of legal capacity or defects of consent
• Registration claims arising from flat-for-land construction contracts and promise-to-sell agreements

How does an action for partition of real estate work?

If the co-owners of a property held in shared or joint ownership cannot agree on ending the co-ownership, an action for partition (izale-i şuyu) is filed. The court orders physical division of the property where possible and, if not, its sale and the distribution of the proceeds (TMK Art. 699).

Since 1 September 2023, applying to a mediator before filing a lawsuit has been mandatory in partition cases.

When can a tenant be evicted under a real estate lease?

For leases of residential and roofed business premises, eviction may only be requested on the grounds listed in the law. The main grounds for eviction are:

• The landlord’s or their relatives’ need for the premises as a residence or workplace
• Major repair, reconstruction or zoning requirements
• Non-payment of rent (default)
• Two justified notices within one lease year
• A written undertaking to vacate
• Expiry of the ten-year extension period

Rent determination and the rent increase limit

Under the Turkish Code of Obligations (TBK) Art. 344, for residential and roofed business leases, the increase agreed for a renewed lease year may not exceed the change in the twelve-month average of the consumer price index for the previous lease year. In lease relationships lasting more than five years, the new rent is determined by the judge, taking into account comparable rents and fairness.

Since 1 September 2023, applying to a mediator before filing a lawsuit has also been required for rent determination and other lease disputes.

Condominium property and neighbour disputes

Condominium Law No. 634 governs matters such as contributions to common expenses, management, annulment of decisions of the condominium owners’ board and the use of common areas. Disputes over excessive use arising from neighbour law are addressed under the Turkish Civil Code (TMK Art. 737).

Occupation of real estate: ecrimisil, prevention of interference and right of way

If a property is used without the owner’s consent, an action to prevent interference may be filed to end the unlawful occupation, and an action for compensation for unauthorised occupation (ecrimisil) may be filed to recover a fee for the use. A compulsory right of way may be requested for a property that lacks adequate access to a public road (TMK Art. 747).

Which court hears real estate cases in Ankara?

Under the Code of Civil Procedure (HMK) Art. 12, the court of the place where the property is located has exclusive jurisdiction over cases concerning rights in rem over immovable property, such as title deed cancellation and registration, prevention of interference and partition cases. For a property located in Ankara, these cases are filed with the Ankara courts, even if the claimant lives in another city.

Lease disputes such as rent determination and eviction are, as a rule, heard by the civil courts of peace; the mandatory mediation stage must be completed before the case is filed.

Urban transformation and flat-for-land construction contracts

In urban transformation processes under Law No. 6306, the identification of risky buildings, the decision-making procedure among owners and the contracts concluded with the contractor require legal review. In flat-for-land construction contracts, the delivery period, the penalty for delay and the allocation of independent units should be clearly set out.