Istanbul Real Estate Lawyer

Istanbul  Real Estate Lawyer

 

Real estate lawyers are people who are concentrated on real estate law and have gained experience in the cases involved in real estate law.  Kalem Law Office is one of the leading offices when it comes to real estate lawyer istanbul. Citizens are constantly experiencing disputes over immovable property issues. It is a common situation where people claim ownership over properties such as land, land, housing, factories, etc. In this case, it will be the best option to get help from a real estate lawyer who will solve the problems. Real estate law includes the types of cases that are the most comprehensive in terms of their legal processes.

Not requesting help from a real estate lawyer in disputes can lead to greater problems in the future. Therefore, obtaining real estate lawyer istanbul consultancy against any real estate legal problem that may occur  will make the process easier.

The real estate lawyer supports the citizens who have problems related to the real estate issue in the legal process. Our office, which offers you solutions as an expert real estate lawyer Istanbul, listens to your problem to the details and brings appropriate solutions.

Our office, which takes protective measures for you during the whole litigation process, thus ensures the satisfaction of its clients. In this sense,

 

• Engineers
• Construction companies and their owners
• Finansörler
• Architects
• Contractors
• Real estate investors
• Tenants
• Owners

are represented. All you need to do for this is  to contact our office for istanbul  Real Estate Lawyer, which serves with expert lawyers in the field  . By providing details about your problem, you can get professional legal results.

Real Estate Law Firm Real Estate Litigation

• Expropriation Cases
• Non-Expropriation Seizure Cases
• Title Deed Cancellation and Registration Cases
• Lawsuits for the Correction of Existing Errors in Land Registry Records
• The Case for Prevention of Seizure (Semen of Interference)
• Dissolution of Partnership (Izale-i Şüyu) Cases
• Pre-Emption (Shufa) Cases
• Ecrimisil Cases
• Real Estate Purchase and Sale Transactions, leasing, supervision and arrangement of lease agreements, monthly follow-up of lease payments
• Lease Cases
• Rent Determination Cases
• Arrangement of Contracts to Care Until Death

What Are the Cases That Real Estate Lawyers Deal With?

Real estate law is a fairly broad subject. In this respect, some of the cases we have entered into are as follows;

• Prevention of seizure
• Construction contract in exchange for flats
• The case for the determination of the expropriation price
• Non-expropriation case
• Muvazaa case
• The Shufa case
• Cancellation of title deed due to muvazaa and registration case
• Ordinary partnership relationship between spouses
• Muris muvazaası
• Refund of money paid with invalid contract
• İzale-i şüyu
• Showing the sale of shares with a sufficiency more or less in the title deed

 

What Issues Do Real Estate Lawyers Help With?

Lawyers serving in the field of real estate help citizens with different issues. In this respect, real estate lawyer istanbul supports you in areas such as;

1. Real estate finances
2. Project evaluations
3. Real estate purchase and sale contracts
4. Transfers of immovable property
5. Real estate and property management
6. Leasing processes
7. Land registry office transactions
8. Situations requiring legal determination related to immovable properties

In addition to these, real estate also carries out transactions on the properties acquired after marriage. If you have decided to divorce, you can quickly and accurately share the said assets with the help of our office.

Real estate lawyer is the name given to people who provide services to people or institutions in real estate purchase and sale transactions. Real estate lawyers, especially those frequently used by investment companies, can provide legal advice in many areas from the division of property as a result of divorce proceedings to properties purchased through trustees.

Working with an Istanbul real estate lawyer on real estate helps to carry out the purchase and sale transactions with the most accurate steps and without exceeding the legal dimension. Heavy purchases and sales without working with an  istanbul real estate lawyer may have heavier and more costly results. Let's come to what kind of services can be obtained with a good istanbul real estate lawyer.

Istanbul real estate lawyer;

• Litigation manages the process of proceeding and the realization of the sale of real estate.
• It deals with cases such as cancellation and registration in the transfer of title deeds.
• It performs bureaucratic operations such as mortgage placement-removal, redemption in trading transactions.
• It also deals with the legal dimension of all kinds of transactions related to lease agreements.
• It performs operations such as testamentary transactions, division of inheritance, contract of promise of sale.

What is Istanbul Real Estate Lawyer?

The headlines opened on the internet under the name of "Istanbul real estate lawyer" are unrealistic. A  branch of attorneyship called Istanbul real estate lawyer is not defined in the legislation. It is also illegal for lawyers involved in real estate cases to identify themselves as real estate lawyers. Unfortunately, the legal profession in Turkey specializes in the guidance of practice. In Turkey, the lawyer has the authority to follow all kinds of cases or works. Legally, there is no obligation to choose any branch and practice the profession in that branch. But especially in big cities like Istanbul, the practice is leading towards specialization. For this reason, in judicial practice, the professions that enter into cases related to immovable properties as the people call them are called real estate lawyers.

Is it Obligatory to Hire a Lawyer in a Real Estate (Immovable) Case?

According to the legislation in force, there is no obligation to hire a lawyer in any other case, except in some criminal cases where the criminal lawyer and the accused must be  represented. There is also no obligation to hire a lawyer in real estate cases. The parties can pursue their cases by opening their own cases. However, immovable cases are cases with many technical dimensions. The slightest procedural error by the parties may cause the case to be lost procedurally. Due to the importance of immovable cases, following the case through a specialist lawyer will eliminate the possible mistakes of the parties.

Immovable cases are mostly cases that are heard in the Court of First Instance by applying the written trial procedure. Therefore, if procedural attention is not paid to the proceedings, it is inevitable to face loss of rights. For example, if the time limit given by the court for the presentation of evidence is not respected, the trial will continue as if no evidence had been submitted to the case file.

What are Immovable Lawsuits?

 Prevention of Intervention Case

An interfering lawsuit is the most common type of real estate lawsuit. In order to benefit from any immovable property, it is necessary to either be the owner of the immovable or to obtain permission from the owner of the immovable. It is unlawful to use an immovable in any way without obtaining approval from the owner of the immovable. This use of the property gives the owner the right to sue for interference (prevention of interference). The owner of the immovable property eliminates the attack on his real estate with the case of prevention of interference. If there is an occupation of the immovable by a person who is not the rightful owner, the occupier is removed from the immovable and even ecrimisil (occupation compensation) can be demanded from the unjust occupier. Many interconnected demands are put forward by the lawyer in a systematic case and the owner of the immovable property is provided with his right.

The Case of Izale-i Şuyu (Dissolution of Partnership)

An action for the dissolution of an Izale-i Şuyu or partnership is in question when more than one person owns an immovable property. In shared ownership, the shareholders may not agree on the partition of the immovable. In this case, the shareholders file an izale-i şüyu lawsuit for the termination of the partnership. The title deed record should be examined and the case should be directed to all stakeholders. This non-governmental suit cannot be concluded until all persons who have a share in the immovable property are included in the case.

At the end of the case of dissolution of the partnership, if it is possible to divide the immovable property exactly, the immovable property shall be divided exactly. If the same partition is not possible, the immovable property is sold through the execution office and given to the shareholders in proportion to their share of the sale price.

Title Deed Cancellation and Registration Cases and Istanbul  Real Estate Lawyer

Title deed cancellation and registration proceedings can be filed for many reasons. After the facts underlying the cancellation of the title deed are concretized, the title deed cancellation and registration case should be opened. The types of title deed cancellation cases are as follows:

Title Deed Cancellation Case for Expropriation

Expropriation is the transfer of the ownership of the immovable property belonging to any person to the public through a unilateral administrative process in the public interest. The administration may expropriate the immovable property belonging to any person after taking a public interest decision. In order for the expropriation process to be completed, the administration must file a title deed cancellation and registration case against the owner of the real estate in the judicial jurisdiction. In this lawsuit filed by the administration, the lawyer defends the rights of the property owner on the defendant. If the administration's public interest decision is not in place, a lawsuit may be filed against this action in the administrative jurisdiction. The title deed cancellation and registration case will be affected by the outcome of the case for the cancellation of the expropriation decision filed in the administrative jurisdiction. When the expropriation decision is annulled, the title deed cancellation and registration case is concluded in favor of the property owner who is the defendant. The lawyer tries to ensure that the case ends in favor of the owner of the property by following these interconnected processes.

Cancellation and Registration of the Deed Given by the Cadastral Transaction

Cadastre is a process carried out by the state, which provides for the registration of lands in an area, the determination of land characteristics on the map and records, and finally the registration of those who have the right to own the land in the land registry. When cadastral (tapulama) is carried out on the lands, incorrect determinations can be made about the dimensions of the land, its boundaries or who the right owner is. The real estate lawyer examines the land registry records and cadastral determination minutes and opens a title deed cancellation and registration case if the land owner has any loss of rights. If the objection period to the cadastre process has been missed, there are some derogatory periods. For example, there is a derogatory period of 10 years from the date of the cadastre for the claim of entitlement for the period preceding the cadastre. The fact of limitation should be evaluated first before the cancellation and registration of the title deed for the immovable property registered in the name of someone else or whose boundaries are drawn incorrectly.

Immovable Sale Promise Agreement and the Function of Istanbul Real Estate Lawyer

The contract of promise of sale of immovable property is made in practice for a wide variety of reasons. However, the most common contract for the sale of immovable property is the promise of the sale of the real estate arising from the construction contract in exchange for flats. The construction contract for flats is one of the full two-sided contracts that are fulfilled in a long process and impose rights and obligations on the parties in the process of implementation of the contract. In this contract, the owner of the land promises to sell a part of his real estate to the contractor if a structure is built on his land under the conditions of the contract. These contracts should be arranged together with the real estate lawyer. Legal advice should be obtained for all processes from the signing of the contract to its fulfillment. Thus, the rights of the parties on the immovable property are clarified in a way that does not cause hesitation.

Shufa Case (Right of Pre-emption Case)

The right of restitution, or in other words the right of pre-emption, is a legally innovative right that gives the right holder the right to buy the immovable under the same conditions as the third person if the owner of the immovable sells the immovable to third parties. If the conditions of the pre-emption right have occurred, the title deed cancellation and registration case can be filed through the real estate lawyer. A suit for restitution may arise from a contract as well as from having a share in the shared property. According to the source of the right of restitution, a pre-emption case should be opened.

Title Deed Cancellation Case Arising from Inheritance Law

With the death of the owner of the immovable property, some disputes arising from inheritance law may arise. For example, one of the heirs may claim that his or her reserved share has been encroached upon or that there has been a consensual sale transaction. The case of sharing property in inheritance can turn into a title deed cancellation and registration case in one aspect.

Taking into account the specific norms of inheritance law, a case for cancellation and registration of title deeds should be filed for the right holder. Since title deed cancellation and registration cases arising from inheritance law take quite a long time due to the large number   of parties, filing a lawsuit through an Istanbul real estate lawyer prevents the prolongation of the litigation process.

ISTANBUL REAL ESTATE LAWYER

  

 

Istanbul real estate lawyer work is carried out by the experienced lawyers of Kalem Law Office in the field of real estate law.

Below, we talked about the work of the Istanbul real estate lawyer, the operation of the process, the Istanbul real estate lawyer fee and contact information.

 

Kalem Hukuk İstanbul Real Estate Lawyer Studies

Located in Istanbul, Kalemm Law Office generally carries out the following activities in the field of real estate law in real estate lawyers in Istanbul Courthouses, land registry directorates and notaries:

• Timeshare cancellation and other legal transactions,
• Preparation of the lease agreement and the eviction undertaking within the legal conditions,
• Opening the case for dissolution of the partnership and continuing the case with the follow-up of the notifications,
• Opening and follow-up of title deed cancellation and registration cases based on various reasons,
• Opening and continuing the cases of cancellation of savings,
• Establishment of rights such as redemption, tranquility, purchase-pre-purchase, passage, etc. in the contract and title deed in accordance with the legal order, opening and maintaining lawsuits in disputes related to these rights,
• Follow-up of cases arising from disputes related to share title deed (shared ownership),
• Opening of cases for determination of the belonging of ecrimisil and content, accounts receivable, objection to the lawsuit, etc. procedures,
• Preparation, supervision and execution of contracts such as immovable sales contracts, sales promise contracts, contingent mixed sales contracts, etc.,
• Opening and continuing the cases related to the tenant such as eviction of the tenant, increase and determination of the rent price, determination of the tenancy relationship, refusal to allow the transfer of the workplace lease agreement, etc.,
• Initiation and follow-up of lawsuits such as employment, prevention of unfair disposal, unfair construction and flood construction, removal of mortgage, etc.,
• Establishment of condominium and condominium altitude, execution and execution of construction contracts in exchange for flats, title deed registration procedures against the contractor who does not transfer the deed, preparation of contracts arising from urban transformation

etc. transactions are carried out by the real estate lawyers of Kalemm Law Office Istanbul team. In addition, Kalemm Law Office's work in the field of real estate law is not limited to these, but also provides solutions to all legal problems of its clients related to the subject.

A real estate lawyer is also known as a land registry lawyer in practice. In addition to the above, the title deed lawyer takes part as a title deed lawyer in all kinds of legal affairs of his clients in the land registry offices in Istanbul.

Istanbul Real Estate Attorney Fees 2023

Istanbul Real Estate attorney fee is  determined according to the type and various characteristics of the current case or dispute between the client candidate and the Istanbul lawyer. Here, the "Istanbul Bar Association lawyer minimum wage tariff", which is a recommendation for lawyers and is updated and published by the Istanbul Bar Association every year, is important.

IMPORTANT: The Istanbul Bar Association's attorney fee schedule is an advisory for an Istanbul real estate lawyer. In other words, the fee of the Istanbul real estate lawyer will be determined freely with the client, but a figure will be discussed around the tariff of the Istanbul Bar Association. As a result, the fee to be determined may be more or less than the figures in the table below. This amount depends on the variety, difficulty-ease, how long it will take, the nature of the work to be done, etc.

The real estate lawyer Istanbul fee is shown as a minimum in the Istanbul Bar Association tariff for 2023 as follows;

Frequently Asked Questions About Istanbul Real Estate Lawyer

We mentioned Istanbul real estate lawyer contact information and fee above. In addition, we find it useful to answer some frequently asked questions.

How Long Do Real Estate Lawsuits Lasts in Istanbul?

Real estate lawsuits in Istanbul; Depending on the type of case and some various features, it lasts from 1 year to 3 years.

However, if there are too many heir problems in a real estate, if notifications cannot be made correctly to everyone, etc. If there are problems, the process may be prolonged. Follow-up of the case with an Istanbul real estate lawyer has a positive result in time.

How is the Real Estate Lawyer Fee Determined in Istanbul?

When determining the fee of the Istanbul real estate lawyer, the determination is made freely between the client and the Kalem Law Office Istanbul real estate lawyer. However, the Istanbul Bar Association's 2023attorney minimum wage schedule is important here.

This tariff is advisory for lawyers. In other words, when determining the fee; A determination can be made below or above the tariff of the Istanbul Bar Association by considering the scope of the work, how long it will last, difficulty-ease, etc.

When is the Real Estate Lawyer Fee Paid in Istanbul?

Istanbul real estate attorney fees are usually paid at the beginning of the work. However, as can be seen in the section we have mentioned as a table above, some jobs are jobs in which the wage is paid later due to their nature. In others, an amount is taken at the beginning, and a certain percentage is taken from the amount collected when the work is finished.

How to Find the Best Real Estate Lawyer in Istanbul?

It is against the rules of lawyer professional ethics of the UTBA for lawyers to introduce themselves as the best real estate lawyer in Istanbul or the best real estate lawyer in Turkey and to advertise in this way. Such uses and definitions are more common among the public.

When it comes to the best real estate lawyer in Istanbul or the best real estate lawyer in Turkey, it is understood as lawyers who have worked on real estate cases and have made their experience and experience in this field. Kalem Law Office has been dealing intensively with real estate cases since its establishment.

Which Court Handles Real Estate Cases in Istanbul?

Real estate cases in Istanbul are generally handled by the Peace Law and First Instance Courts.

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What Does Istanbul Real Estate Lawyer Do?

Istanbul real estate lawyer has a great importance in real estate cases in Istanbul. The function of the real estate lawyer here is not a simple representation. We can explain this function in general as follows:

• In the cancellation of timeshare contracts, the period should not be exceeded, the right of withdrawal should be exercised on a legal basis and in accordance with the procedural rules, and the legal basis of the declaration of return and withdrawal should be correctly determined.
• In the lease agreement and tenancy relationship, in the cases to be opened and followed, it should be acted in accordance with the constantly updated legislation and the developing decisions of the Court of Cassation. These are the issues to be considered by the Istanbul real estate lawyer.
• It is important to follow the notifications to the owners and their heirs in cases of ecrimisil, determination of the belonging of the muhdesat, izale-i şüyu, title deed cancellation registration and cancellation of disposition. Replies to replies to reply petitions must be made on legal grounds and in accordance with procedural rules. Discovery procedures should be carried out in person and deficiencies in expert reports should be objected to on legal grounds. These are also very difficult procedures to be done without the help of an Istanbul real estate lawyer.
• In the establishment of rights such as redemption, purchase, pre-purchase, tranquility, passage, etc., the contract should be prepared according to the possibilities considering the long term and no deficiencies should be left. Not only the case-oriented but also the general provisions of the law must be correctly absorbed into the contract.
• Since the contracts for the sale and promise of sale of real estate are subject to formal form by law, there is no general principle of freedom in the contracts to be made in relation to them. For this reason, a contract whose legal elements are not complete may victimize people. The healthiest thing to do here would be to get the help of a real estate lawyer Istanbul.
• Works such as condominiums, condominiums, urban transformation, contractor operations cause very serious financial losses when they are done incorrectly. For this reason, every stage of these works from the very beginning should be carried out with the help of a lawyer. In this way, the possibility of harm to people by legal problems that may arise in the process is eliminated.

The Importance of a Real Estate Lawyer

Above, we talked about the Istanbul real estate lawyer fee, contact information and the operation of the process.

All these transactions, which are listed above and require attention, are the procedures that lawyers specialized in the field of real estate law should do. Here, the help of an Istanbul real estate lawyer prevents the person from falling into an unfair position and experiencing financial loss while he is right.

Since there is a high probability of not only financial loss, but also time loss in real estate cases, one should not act without the help of an Istanbul law office.