02 · Practice Areas
Real Estate Law
Real property ownership in Turkey rests on the reliability of the land registry, relations between co-owners and the formal requirements of contracts. Property disputes usually require land records, cadastral history, zoning status and witness evidence to be assessed together.
Title deed cancellation and registration
Where registration results from sham transactions, abuse of a power of attorney, lack of capacity or has no valid legal ground, the rightful owner may seek cancellation of the entry and registration in their name. The burden and means of proof depend on the ground relied on.
Partition
Each co-owner may request that co-ownership be ended by physical division or by sale. Since 1 September 2023, mediation is a mandatory precondition for filing partition cases, and the dispute is often shaped at that stage.
Trespass and occupancy compensation
Where property is unlawfully occupied, the owner may seek to end the interference and claim compensation for use (ecrimisil). Additional conditions apply to use disputes between co-owners.
Frequently asked questions
Is mediation required before a partition case?
Yes. Since 1 September 2023, mediation is a mandatory precondition for disputes on partition of movable and immovable property.
What is ecrimisil?
It is compensation the owner may claim from a person who uses the property without right, for the period of unlawful use.
When can a pre-emption right be used?
When a co-owner sells their share to a third party, the other co-owners may, within statutory time limits, buy that share on the same terms.
What form must a flat-for-land construction contract take?
Because it involves an obligation to transfer real property, it must be executed in official form before a notary. Contracts lacking the required form risk being void.
This website has been prepared for information purposes only, in accordance with the Turkish Attorneyship Law and the professional rules of the Union of Turkish Bar Associations. It is not advertising and does not constitute legal advice.
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