Real-Estate and Expropriation Law

Real-Estate and Expropriation Law


Services Description
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  • 8 September 2021

What is real-estate law?

According to the article 35 of the Constitution of the Republic of Turkey titled “Right to Property”:

“Everyone has the right to own and inherit property. These rights may be limited by law only in view of public interest. The exercise of the right to property shall not contravene public interest.”

Also, pursuant to the first article of the no.1 Protocol of European Human Rights Convention titled “Protection of Property”:

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.”

In this context, the right to property, which is protected by constitutional order and international law, is closely related to real-estate law and expropriation law.

In this area, where many conflicts arise, both between individuals and between the individual and the state, the resolution of these conflicts requires expertise in different fields. Real-estate law, which is one of the areas of real law within the scope of civil law, is one of the areas where many disputes of our clients are resolved.

Real Estate Law, which is one of the fields of Property Law within the scope of civil law, is the solution area of many disputes of our clients. In addition to immovable properties such as land, apartment, house, the establishment of easement, pre-purchase cases, mortgage disputes, prevention of intervention and dissolution of partnership cases are evaluated within this framework.

What are the services provided by our office in the field of Real Estate Law?

The litigation and consultancy services we provide to our clients by our consultants in the field of Real Estate Law and our expert lawyers working in our office are mainly in the following areas:

Easement, usufruct and disputes arising in this area

preemption case

trespass actions

dissolution of partnership cases

cancellation and registration of title cases

remuneration lawsuits,

mortgage disputes,

Title deed registration correction case, Deed registries and follow-up of transactions before the relevant administrations,

FIDIC contracts,

Zoning law and disputes arising in this field,

Condominium law and disputes arising in this field (condominium ownership and construction servitude, connections, rights of condominium owners and condominium servitude owners, debts of condominium owners and condominium servitude owners, Management of the main real estate, management plans, meeting of the condominium owners, inspection of the condominium and expiration of the floor easement and other disputes),

Engineering, procurement and civil works contracts (“EPC”),

Commercial or residential real estate projects,

Construction contracts in return for flat (land owner’s rights and debts, contractor’s rights and debts, guarantees, consequences of non-performance of the parties’ debts and other related issues),

Revenue-sharing construction contracts,

Real-estate construction and development models,

Real-estate investment trusts (REIT) establishments, management and legal consultancy,

Urban transformation, Construction contracts in return for flat in the process of urban transformation and disputes arising in this area,

construction arbitrations,

Real Estate Legal Due Diligence and Real Estate Financing,

Environmental Law and disputes arising in this field,

What is expropriation?

The termination of the private ownership of an immovable by the state on the grounds of public interest is called expropriation.

Expropriation institution is regulated by Article 46 of the Constitution of the Republic of Turkey:

“The State and public corporations shall be entitled, where the public interest requires, to expropriate privately owned real estate wholly or in part and impose administrative servitude on it, in accordance with the principles and procedures prescribed by law, provided that the actual compensation is paid in advance.”

Expropriation is an intervention in the property rights of individuals. Therefore, this interference in the right to property must only be made for the public interest, and there must be a limitation imposed by law.

In this context, in order to expropriation to happen, there must be a special situation required by the public interest, the property to be expropriated must be in private ownership, the expropriation decision must be taken and approved in accordance with the relevant legislation, and the expropriation price must be paid in cash and in advance.

At this point, Expropriation Law is a branch of law that examines issues related to the expropriation process such as expropriation principles, expropriation transaction, withdrawal of expropriation. According to both the Law No. 2942 and the provisions of the special law, if the immovable is confiscated without any expropriation or the expropriation process has been initiated but not completed, the confiscation without expropriation takes place.

What are the services provided by our office in the field of Expropriation Law?

The litigation and consultancy services we provide to our clients by our consultants in the field of Expropriation Law and expert lawyers working in our office are mainly in the following areas:

Compensation lawsuits filed in the Administrative Court,

Compensation lawsuits filed in the Magistrate’s Court,

Action for esme profits,

Actions for annulment of administrative action,

Disputes arising from Administrative Contracts,

Prevention of Intervention and Extradition cases,

The buildings registered within the scope of the Law No. 2863 on the Protection of Cultural and Natural Assets and the disputes arising from this Law,

Expropriation and easement disputes,

Expropriation and administrative process follow-ups,

Expropriation price determination cases,

Title deed registration lawsuit,

Partial expropriation disputes,

Expropriations for dam construction,

Correction cases (?)

Urgent seizure, registration procedures and disputes arising in this field,

Disputes regarding the expropriation of immovables not registered in the land registry,

Evacuation, waiver and recovery process follow-ups in expropriation,

Emergency expropriation disputes,

Confiscation cases without expropriation,

Disputes regarding areas where zoning legislation is applied or special parcellation is made.