Real Estate & Property Law in Türkiye

Transactions involving real estate in Türkiye- such as land, residential homes, and commercial properties – encompass intricate legal frameworks, including title deed registrations, mortgages, co-ownership disputes, and inheritance claims. Because real estate disputes in Türkiye typically involve high financial stakes and can result in protracted litigation, securing professional legal representation is absolutely paramount. For foreign buyers, the process introduces added complexities, such as military clearance checks, foreign national volume restrictions, and mandatory appraisal reports.

At Kotan & Gökce Law Firm, we specialize in protecting the property rights of foreign nationals, expatriates, and international investors. We offer comprehensive services ranging from preventative transactional due diligence to aggressive representation in Turkish courts for title deed disputes, ownership stabilization, and enforcement of real property rights.

Our Scope of Services for Foreign Citizens:

  • Title Deed Cancellation & Registration Lawsuits: Litigating complex disputes to correct or recover ownership records (tapu iptal ve tescil) due to fraud, collusion, or procedural errors.

  • Condominium Law & Property Management: Resolving disputes regarding easement rights (kat irtifakı), established building ownership (kat mülkiyeti), and common-area governance.

  • Secured Interests & Statutory Rights: Structuring, registering, or removing mortgages (ipotek), managing rights of first refusal (şufa), and enforcing easements (irtifak hakları).

  • Dissolution of Co-Ownership: Representing international heirs or co-owners in partition lawsuits (izale-i şuyu) to equitably divide or sell jointly held real estate through civil court auctions.

  • Possession & Trespass Claims: Filing lawsuits to repel unlawful physical interference or encroachment (müdahalenin meni) on your property.

  • Unlawful Occupation Compensation: Launching claims for ecrimisil (retroactive rent/wrongful occupation damages) against parties utilizing your property without legal title.

  • Historical & Ottoman Title Deeds: Conducting rigorous genealogical and archival tracking for land registration disputes derived from historical Ottoman deeds or old cadastral surveys.

  • Eminent Domain & Expropriation: Protecting foreign property owners against government expropriation (kamulaştırma) or de facto seizures, securing fair market value compensation.

Why Kotan & Gökce for Real Estate Cases?

Securing Foreign Real Estate Investments:

We perform rigorous title searches, verify zoning statuses, and audit encumbrances before you commit funds, ensuring that your real estate transaction in Türkiye is safe from hidden liabilities.

Mastery of Complex Property Litigation:

Our trial lawyers possess extensive experience navigating the hyper-technical rules of Turkish Property Law and Civil Procedure, defending your assets in local courts with clear, English-language updates.

Strategic Resolution of Co-Ownership Blocks:

We specialize in unblocking frozen assets where multiple shareholders cannot agree on a property’s sale, driving resolution via strategic negotiation or structured court-ordered liquidations.

Critical Real Estate Risks for Foreigners in Türkiye

Collusive transfers (muvazaa) or fraudulent sales resulting in loss of title.

The Risk for Foreigners: If a property was sold to you under a sham contract, or if a previous owner transferred it maliciously to defraud heirs, your title could face a cancellation lawsuit. Resolving this requires immediate intervention in the Civil Court of First Instance to place an emergency injunction (ihtiyati tedbir) over the title records.

 

Purchasing a "Family Residence" (Aile Konutu) without the other spouse's consent.

The Risk for Foreigners: Under Turkish Family and Property Law, if a property is considered a married couple’s primary residence, one spouse cannot sell it without the explicit, formal consent of the other—even if the title deed is only in the seller’s name. Buying such a property without spouse authorization leaves the transfer highly vulnerable to total cancellation by a Turkish court.

 

Failing to clear encumbrances, annotations, or pre-existing mortgages prior to closing.

The Risk for Foreigners: In Türkiye, debts, tax liens, and long-term lease rights stay attached to the property itself, not the previous owner. If you accept a title deed at the land registry (Tapu Müdürlüğü) without a comprehensive independent title search, you automatically inherit all underlying financial and legal liabilities tied to that asset.

 

To safeguard your real estate investments, secure your property titles, or resolve an ongoing real estate dispute in Türkiye, contact our property law team to schedule a formal consultation.

Your legal partner in Izmir-Turkiye

Please contact us for consultation. You can reach us via WhatsApp, phone or e-mail.

info@kotangokce.com Mon – Fri 09:00-18:00

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