Real estate law, as an in-depth extension of property law, is a specialized field that addresses matters related to immovable properties.
This area encompasses disputes concerning residences, apartments, lands, and other immovable assets, which are often resolved through various lawsuits.
The main types of lawsuits in real estate law include lawsuits for recovery of property, expropriation, partition of joint ownership, rent determination, eviction, and title deed cancellation and registration. Among these, lawsuits concerning title deed registration and cancellation are particularly common.
Real estate law experts provide guidance and consultancy during these processes, ensuring the protection of rights and efficient management of legal proceedings.
Their expertise is essential for protecting real estate, following legal processes, and defending rights effectively. By being proficient in the intricate details of real estate law, attorneys can provide significant advantages in these cases.
Real estate lawsuits often involve detailed investigations and lengthy processes, making it crucial to closely monitor the proceedings and seek professional legal assistance. Real estate attorneys offer services in a wide range of areas, from rental disputes to construction contracts and project agreements.
Some attorneys specialize in particular types of immovable properties. For example, in cases involving land disputes, hiring an attorney experienced in land-related lawsuits can lead to a more effective and quicker resolution.
Hence, seeking support from attorneys specialized in the relevant field of real estate law can be highly beneficial.
Main Types of Lawsuits in Real Estate Law
Real estate law, a specialized sub-branch of property law, focuses on complex and detailed matters related to immovable properties.
Legal professionals often assist individuals in resolving disputes regarding real estate. Some of the main types of lawsuits handled in real estate law include:
- Title Deed Lawsuits – Including cancellation and registration of title deeds.
- Recovery of Property Lawsuits – For reclaiming ownership of immovable property.
- Expropriation Lawsuits – Regarding state or public institutions acquiring private properties for public interest.
- Rental Disputes – Concerning rent determination and eviction processes.
- Partition Lawsuits – For terminating joint ownership among multiple parties.
These types of lawsuits often intersect with other legal domains. For instance, title deed lawsuits frequently involve issues such as fraud, unfair treatment, or undervaluation, necessitating the integration of provisions from the Turkish Code of Obligations.
Consequently, addressing real estate lawsuits comprehensively and devising the best legal strategies require the expertise of a specialized real estate attorney.
Such attorneys play a critical role in both managing legal proceedings and ensuring the protection of an individual’s rights.
1. Title Deed Lawsuits: General Overview
A title deed is an official document that demonstrates ownership of a property. However, errors or illegalities in title deed records can lead to lawsuits. Such cases typically involve the cancellation of the existing title deed and the registration of a new one.
Title Deed Cancellation and Registration Lawsuit
This type of lawsuit is filed against the individual(s) who hold ownership rights to the property. It is based on claims of ownership violations.
The lawsuit must be filed in the court of the jurisdiction where the immovable property is located. For example, if a property is in Istanbul, the lawsuit will be handled by the relevant court in Istanbul. Generally, Civil Courts of First Instance have jurisdiction over these cases.
Depending on the nature of the case, an expert opinion may be requested. This involves an expert examining the title deed records and determining whether any illegalities or errors exist.
Common Grounds for Filing the Lawsuit:
- Lack of Legal Capacity: If the person listed on the title deed lacks legal capacity or is not legally eligible to acquire ownership rights.
- Abuse of Power of Attorney: If a proxy acting on behalf of an individual acquires ownership through malicious or unlawful means.
- Fraudulent Practices in Inheritance: If inheritance laws are violated after a person’s death, resulting in an unlawful transfer of the title deed.
- Errors in Zoning Applications: If zoning errors lead to illegalities in title deed records.
2. Recovery of Property Lawsuits: General Overview
If a property is unlawfully occupied, the rightful owner may file a recovery of property lawsuit to reclaim ownership.
Scope of Application
Recovery of property lawsuits is often used to resolve disputes between individuals claiming ownership over a property. The scope of these lawsuits is defined by Civil Law and specific regulations.
Jurisdiction and Competent Court
The competent court varies based on the nature and value of the property. Generally, such cases are handled by Civil Courts of First Instance or Civil Courts of Peace.
Right to File a Lawsuit
This right belongs to individuals who have been unlawfully deprived of their immovable property or their heirs. Particularly, individuals whose ownership is legally recognized and registered in title deed records or their heirs can initiate these lawsuits.
Statute of Limitations
Unlike other lawsuits, recovery of property lawsuits are typically not subject to a statute of limitations due to the permanent nature of property ownership rights.
3. Expropriation Lawsuits: General Overview
Expropriation refers to the state’s acquisition of private property for public use. As stipulated in the Constitution, the state has the legal authority for such actions. However, these processes involve various legal details.
Who Can File an Expropriation Lawsuit?
The expropriation process is usually initiated by the state. However, property owners may file a lawsuit to object to the process or seek compensation. Collaborating with attorneys experienced in real estate law can provide significant advantages in such cases.
Properties Subject to Expropriation
While lands and plots are often central to expropriation, apartments, buildings, and other immovable properties can also be subject to the process.
Types of Expropriation:
- Urgent Expropriation: Allows the state to rapidly seize property in cases of public urgency.
- Partial Expropriation: Refers to the acquisition of only a part of a property, which may affect the remaining property’s value.
- Barter Expropriation: Involves exchanging the expropriated property with another property owned by the public institution.
4. Rental Disputes: General Overview
Rental disputes address conflicts arising from rented properties. These cases often involve the legal relationship between the tenant and the property owner.
Rent Determination Lawsuits
When disagreements arise regarding rental payments, this lawsuit can be filed. The Turkish Code of Obligations provides specific provisions regarding rent increases. If the parties fail to agree, the court may determine the rental price.
Eviction Lawsuits
These lawsuits are initiated when the terms of the lease agreement are violated. Common reasons for eviction lawsuits include:
- Non-payment of rent.
- Unauthorized use of the property.
- Breach of lease agreement terms.
Reasons for eviction can include:
- Personal Need: The property owner or close relatives require the property for personal use.
- Renovation or Reconstruction: The property requires significant repairs or rebuilding.
- Two Valid Notices: If the tenant fails to comply with two valid notices within one rental year.
By hiring specialized attorneys, individuals can effectively manage real estate-related disputes and protect their legal rights throughout the process. Therefore if you need legal guidance for rental agreements or other rental disputes, you can call Bayraktar Attorneys.
