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Real Estate Law

Real Estate Law is a very broad field and the issues that we have determined as the field of study in this field are Land Registry Cancellation and Registration Cases, Prohibition of Intervention Cases, Removal of Partnership (İzale-i Suyu) Cases, Removal of Mortgage Preemption (Preemption) Cases.

Lawsuits arising from Expropriation Law and Zoning and Urban Transformation Law Cases arising from construction law should be considered within real estate law. However, this Although the three fields of study are all within real estate law, there are three areas within real estate law Since these are areas of special interest to us, these areas of work are organized under separate headings will be specified.

Deed Cancellation Registration Lawsuits

These are lawsuits that can be filed based on a wide variety of grounds. These types of lawsuits are based on cases where the owner is disposed of against his/her will, Transactions made with forged documents, collusive transactions, sometimes for the purpose of evading inheritance and sometimes for the purpose of evading property from creditors to eliminate malicious transactions such as sales, etc. It can also be filed due to possession, external sale or real estate sale promise. It is the most widespread type of lawsuit among real estate lawsuits

Prohibition of Intervention and Ecrimisil Cases

Building on a real estate subject to Private or Public Ownership to keep in possession in any way, such as building, using as a garden, etc., or Prevention of encroachment by unauthorized use of places such as buildings and facilities (men'i interference) and determination of the cost of unjust use (ecrimisil) cases.

Elimination of Partnership (İzale-i Şuyu) Lawsuits

A property subject to joint or several ownership for the joint use of real estate or the joint use of its income consensus cannot be reached among the partners or joint utilization is not de facto possible in the absence of the real estate, the division of the real estate in kind or the sale of the real estate and the division of its value is a lawsuit filed with a request.
As a result of this lawsuit, if it is possible to divide the real estate in kind, a division decision is made (This can usually be in fields. Within the boundaries of the municipality and within the zoning plan not possible for land). Or it is decided to sell the land and divide its value. These are the most common decisions

Removal of Mortgage Lawsuits

Mortgage can be removed from the land registry with the consent of the parties may be enforced. However, even if the mortgage amount has been paid in full, the mortgage in cases where the mortgage is not canceled by the creditor from the land registry, the cancellation of the mortgage can be requested from the courts. Lawsuits filed for this reason are for the removal of the mortgage cases.

Preemption Cases

One of the partners in real estate subject to joint ownership, When he/she wants to transfer his/her share in the real estate, he/she must first inform the other shareholders. must make an offer. This is called the pre-emption right of the other shareholders. Right of preemption may arise from the law (statutory interest) or may be agreed upon by contract may exist (contractual right of interest). In order to assert the contractual right of right of mutual interest against third parties annotation in the land registry is obligatory. Failure to exercise the right of redemption (blocking) is a cause of action.

Eviction Cases

Cases related to the eviction of real estate.


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