Real Estate Litigation

Real estate law refers to the branch of law that deals with property law cases. It constitutes a sub-branch of property law and within the scope of real estate,

  1. Land,
  2. Apartman
  3. Plot
  4. Cases related to immovable property such as buildings and dwellings are heard.

There are different types of lawsuits in real estate law. In these cases, lawyers have the duty to advise, guide, protect the rights of individuals during the proceedings and minimize mistakes. It also protects immovable property such as land, housing and land.

Real estate law cases often take a long time. It is among the types of lawsuits that must be pursued. It is possible to follow up with lawyers and get professional assistance. By visiting Istanbul Law Office, you can get more information about real estate lawsuits and ensure that your case is followed in the most favorable conditions by giving power of attorney.

What are the Types of Real Estate Lawsuits?

Real Estate Law has a broad scope. As a sub-branch of property law, it includes a large number of cases. Although it is basically divided into sub-branches, there may be different case contents within the scope of the problems experienced. Some of these cases include,

  1. Prevention of grabbing,
  2. Ordinary partnership relationship between spouses,
  3. Muris collusion
  4. Deed cancellation and registration case due to collusion,
  5. Refund of money paid under an invalid contract,
  6. Non-expropriation case,
  7. Collusion case,
  8. The case of Shifa,
  9. Izale-i şüyu,
  10. Under or overstatement of the sale of shares with shufa in the title deed,
  11. Construction contract in return for flats,
  12. It is a case for the determination of the expropriation value.

Working with the best law firm for real estate litigation types is of great importance to protect your rights.

Lease and Izale-i Şuyu Cases

Lease cases are also included in Real Estate Law . It can be filed against the owner or the tenant. It has sub-types such as rent determination, rent receivable and eviction proceedings.

Among these, the determination of the rental price is regulated under Articles 343, 344, 345 and 346 of the TCO. shall be dealt with according to the provisions of the articles. This is because the increase is determined by the parties and cannot be realized except for the increase. In the event that the price cannot be determined, the rent determination lawsuit is filed by the owner of the immovable property or the tenant.

These cases are handled by the Civil Courts of Peace. Eviction cases apply to tenants who do not pay the rent as stipulated in the contract or who pay late. Among the grounds for eviction,

  1. Evacuation due to reconstruction or repair,
  2. Evacuation on grounds of necessity,
  3. Eviction for two justified warnings within one lease year,
  4. Eviction for unnecessary occupation,
  5. There are types such as eviction due to the tenant or his/her spouse having a residence within the same municipal boundaries.

İzale-i Şuyu lawsuits are filed for the elimination of the partnership. Within Real Estate Law , they can be filed for movable or immovable properties. The right to file a lawsuit belongs to the partners and may be filed by one person or several partners may file a lawsuit against a single partner.

There are two types of cases in this context. Exactly by way of Partition and Exactly by way of Sale.

Expropriation Cases

Expropriation cases are included in Real Estate Law . It involves the purchase of property belonging to a person by the state for use in public service. Under the Constitution, the state and its public institutions may expropriate immovable property under private ownership. However, the party in possession of the immovable property may file a lawsuit.

This includes land and plots of land, but also apartments. There are certain types of expropriation, one of which is expropriation in haste. This is an immediate seizure of the immovable property by the state. The lawsuit is filed in order not to delay the public interest.

The second type under Real Estate Law is partial expropriation. This is the expropriation of part of the immovable property, not all of it. This may be followed by a loss of value in the other part of the property. Such devaluation is paid with the value of the expropriated real estate.

However, if an increase is observed, it is deducted from the value of the property purchased. In expropriation by way of barter, the land to be expropriated is exchanged for another property owned by the institution requesting expropriation.

Land Registry and Appropriation Cases

Deed Cancellation and Registration Case covers the unlawful arrangement of the title deed record in general terms within the Real Estate Law . To the person who has the right of ownership of the immovable property; it opens wherever the real estate is. In this context,

  1. Abuse of power of attorney,
  2. Inheritance evasion,
  3. Zoning enforcement,
  4. It can be filed for reasons such as the lack of legal capacity of the person registered on the title deed.

Within the framework of the Real Estate Law , a forfeiture lawsuit is filed against the person who unjustly occupies a real estate. It has a wide application area and is filed with the Civil Courts of First Instance or the Civil Courts of Peace.

This is filed at the location of the immovable property.

Building Contracts in Return for Flats

Construction contracts in return for flats is a contract between the contractor and the land shareholder(s) on a land owned by a person or on the land on which the existing building will be demolished and re-construction will take place. The landowner transfers land shares to the contractor, and the contractor undertakes to build independent sections on it.

The contractor must start and complete the construction within the time and in the manner specified in the contract and deliver the flats that the landowner has a share in. In this respect, it is an important area of law in terms of its preparation and evaluation.

What Can Law Offices Help with Real Estate Litigation?

Law firms providing services in the field of Real Estate Law offer assistance according to the needs of their clients. Some of the issues in this respect are itemized as follows;

  1. Rental processes
  2. Real estate purchase and sale contracts
  3. Real estate transfers
  4. Land registry office transactions
  5. Situations requiring legal determination regarding immovable property
  6. Real estate financing
  7. Project evaluations
  8. Real estate and property management

Therefore, Real Estate Law has a broad structure. By visiting Istanbul Law Office, you can get more information about real estate lawsuits and ensure that your case is followed in the most favorable conditions by giving power of attorney.

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