Real estate law, as an in-depth extension of property law, is a specialized branch of law that deals with issues related to immovable property. In this field, lawsuits are witnessed in which legal disputes arising in relation to houses, apartments, land and other immovable properties are resolved.
Among the main types of lawsuits handled by real estate law are; appropriation, expropriation, elimination of partnership, rent determination and eviction, deed cancellation and registration. In this field, lawsuits are frequently encountered, especially regarding the registration and cancellation of title deeds.
Real estate law experts provide accurate consultancy and guidance services by standing by individuals in this process. The contribution of lawyers is of great importance for protecting real estate, following legal processes and defending rights in the best way. Expert real estate lawyers ensure the protection of immovable property, prevent erroneous transactions and protect the legal rights of individuals in the best way. Having a good command of the fine details of real estate law provides an advantage in this process.
Major Types of Litigation in Real Estate Law
Real estate law, as a specialized sub-branch of property law, focuses on complex and detailed issues related to real estate. It is common for individuals to turn to lawyers specializing in this field to resolve disputes that arise in their lives regarding real estate. Some of the main types of cases handled in real estate law are as follows:
1. Regulations related to land registry, title deed cancellation and registration cases
2. Eminent domain cases related to the claimed immovable property
3. Expropriation cases related to the processes by which the State or public legal entities hold immovable property
4. Lease lawsuits regarding the determination of the rental price and eviction processes related to leased immovable properties
5. Izale-i şuyu lawsuits for the termination of property partnership between more than one person
These types of lawsuits in real estate law can also be found at the intersection of different branches of law. In particular, title deed registration cases are handled in conjunction with other legal regulations, such as the Turkish Code of Obligations, in cases such as the victimization of individuals, deception or the sale of real estate for a price below its real value. Therefore, in real estate law cases, it is of utmost importance to enlist the support of an expert real estate lawyer to evaluate all aspects of the matter and determine the most appropriate legal strategies. The specialized lawyer plays a critical role in both managing the legal processes and protecting the individual's rights in the best way possible.
1. General Information on Title Deed Litigation
A title deed is an official document showing the ownership of an immovable property. However, sometimes there may be errors or illegalities in land registry records. Such situations give rise to title deed lawsuits. These lawsuits are usually filed together with requests for the cancellation of the title deed and registration of a new title deed.
Deed Cancellation and Registration Case
This type of lawsuit is filed against the person or persons who hold the right of ownership of an immovable property. These lawsuits based on the alleged violation of the right of ownership must be filed in the court where the immovable property is located. In other words, if an immovable property is located in Istanbul, this case is handled by the relevant court in Istanbul. The Civil Courts of First Instance are generally authorized during the litigation process.
Depending on the content of the case, an expert examination may be requested. This examination is necessary to determine the illegality in the land registry and the status of the immovable.
Situations Requiring Filing a Lawsuit: Some of the main reasons that require a deed cancellation and registration lawsuit are as follows:
Lack of Legal Capacity: If the person on whom the title deed is registered does not have legal capacity, i.e. is legally incapable of obtaining property rights, this may be a cause of action.
Abuse of Power of Attorney: When the right of ownership of immovable property is obtained in bad faith or unlawfully by an agent acting on behalf of a person.
Inheritance Evasion: Unlawful change of the title deed of the immovable after the death of the heir in violation of the rights of the heirs.
Errors in Zoning Application: Illegality in the title deed due to mistakes made regarding the zoning status of the immovable.
2. General Information on Appropriation Cases
In the event of unlawful occupation of a real estate property, the type of lawsuit that the person or persons who have the right of ownership may apply is the claim of appropriation. This lawsuit aims to restore the property right.
Application Area
A forfeiture action is generally used to resolve disputes between different persons claiming ownership of immovable property. The applicability of the action is limited by the Civil Law and some special laws.
Competent Court
Which court has jurisdiction may vary depending on the value and nature of the immovable property. Generally, the Civil Courts of First Instance or the Civil Courts of Peace handle such cases.
Place Where The Lawsuit İs Filed
The forfeiture lawsuit must be filed in the competent court in the location of the immovable property where the unfair occupation is claimed.
Right to Sue
The right to file a forfeiture action belongs to the person who has been wrongfully deprived of real estate or to the heirs of this person. In particular, persons whose ownership is recognized and registered in the title deed or their heirs may file this type of lawsuit.
Statute of Limitations
Since the forfeiture actions are among the lawsuits claiming rights, the statute of limitations is generally not applicable. This feature stems from the fact that the right of property is a permanent right.
3. General Information on Expropriation Cases
Expropriation is the act by which a state purchases or seizes an immovable that is within private property rights for public benefit. As stated in the Constitution, the state has a legal authorization for such actions. However, this action brings with it many details and legal processes.
Who Can File an Expropriation Lawsuit?
The expropriation process is usually initiated by the state. However, the property owner who wants to object to this process or demand compensation can file an expropriation lawsuit. In such cases, it may be advantageous to work with lawyers who specialize in real estate law.
Which immovables are covered by expropriation?
Although lands and plots are at the center of expropriation processes, apartments, buildings and other immovable properties may also be within the scope of expropriation.
What are the Types of Expropriation?
a. Urgent Expropriation
It is the process by which the state quickly seizes an immovable property in the case of urgent public interest. This process usually proceeds much faster than the ordinary expropriation process.
b. Partial Expropriation
It refers to the expropriation of only a certain part of an immovable property. Following this process, the value of the remaining property may increase or decrease. This difference in value is taken into account in the expropriation compensation.
c. Expropriation By Way Of Barter
In this method, the property to be expropriated is exchanged for another property owned by the public institution initiating the expropriation process.
4. General Information on Rent Lawsuits
Lease lawsuits are lawsuits in which disputes arising from leased immovable properties are resolved. These cases usually deal with the legal relations between the tenant and the owner of the immovable property. Here is the basic information you need to know about rent lawsuits:
Rent Determination Case
This type of lawsuit can be filed when there is a dispute between the parties about the rent. The relevant articles of the Turkish Code of Obligations regulate how the rent increase will be made. If there is no agreement between the parties, the court can determine the rent with this type of lawsuit.
Eviction Cases
This type of action is usually initiated when the terms of the lease agreement are not complied with. For example, the tenant's failure to pay the rent on time, improper use of the immovable property, or non-compliance with the terms of the contract may be grounds for initiating an eviction action.
Reasons for eviction can be:
- Necessity Evacuation: The owner of the immovable property needs the immovable property for himself/herself or his/her immediate relatives.
- Reconstruction or Major Repair: When the immovable needs to be reconstructed or substantially repaired.
- Two Rightful Notices: The tenant receives two justified warnings within a lease year.
- Having a Residence in the Same Municipality: The tenant or his/her spouse has another residence within the same municipality.
- Unlawful Occupation: Unlawful occupation of the property by the tenant.
Lease lawsuits are an important type of lawsuit that regulates the legal relations between the tenant and the owner of the immovable property. In order to be successful in such cases, it is beneficial to get help from an experienced real estate law expert.
5. General Information on Izaley-i Şuyu Lawsuits
Izaley-i Şuyu lawsuits are lawsuits filed to terminate this partnership in cases where a property is jointly owned by more than one person. These lawsuits can be filed in relation to movable or immovable property. Here are some important points regarding this type of lawsuit:
Who Can File a Lawsuit?
Any individual who is a partner can file this type of lawsuit. A single partner can file a lawsuit alone or more than one partner can file this lawsuit jointly.
Competent and Mandated Court:
Civil Courts of Peace are authorized to hear Izaley-i Şuyu cases. The lawsuit must be filed in the Civil Court of Peace where the property (immovable) is located.
Two Basic Ways of Litigation:
a. Exact Allotment
It is the physical division of the property in a partnership. For example, the division of a plot of land into equal parts.
b. Division by Sale
It is the method of selling the property in the partnership and dividing the proceeds among the partners.
Litigation Periods and Follow-up:
There may be many variables and details in real estate related cases, especially in izaley-i şuyu cases. For this reason, litigation periods may be extended depending on the content of the case and the exceptional circumstances encountered. It is essential to comply with certain application and objection deadlines during the litigation process; missing these deadlines may adversely affect the outcome of the case.
Izaley-i şuyu lawsuits are filed in order to resolve disputes arising from joint ownership of immovable properties.
The Importance of Choosing a Lawyer in Real Estate Litigation
Real estate law is a complex area and litigation processes need to be followed closely. For this reason, working with an experienced lawyer who specializes in real estate litigation will have a clear positive impact on the outcome of the case.