Mesrutiyet Avenue, Ersoy Business Center, No: 102/11-12 Floor: 5 Beyoglu 34420 ISTANBUL / TURKEY

Constructions and Real Estate Law

Constructions&Real Estate Law

Öngören&Karali Partners

Real estate and construction law often comes into play as a solution factor in immovables, living spaces, land and property rental processes. As Öngören & Karali law firm, we provide professional, solution-oriented service with our academicians and expert staff in real estate and construction law processes.

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Frequently Asked Legislation and Lawsuits

Construction Contracts in Return for Land Share

A construction contract in return for land share is a double type “mixed” contract consisting of a “Contract of Construction” and “Preliminary Sales Contract For Real Estate Sale” and is based on the condition of official form. In the event that these types of contracts are drawn up without receiving help from specialists and in an inattentive manner, parties might encounter with irrecoverable sufferings at the construction phase and the completion of the construction might be delayed and unlimited number of actions might be brought

For this reason, construction contracts in return for land share must be drawn up with the assistance of specialist individuals and contain detailed arrangements in consideration of all possibilities. Our specialist legal team provides consultancy and advocacy services for the preparation of construction agreements in return for land share, contract termination actions, actions for damages, adaptation actionsand all other cases that might result from these contracts.

Contract of Promise to Sell Immovable

A preliminary sales contract intended for an immovable property is a preliminary contract granting either or both parties the right to request the conclusion of a sales contract for a respective property in terms of its legal characteristic. The objective of these contracts is to ensure the conclusion of the  main contract and the parties show their intention to enter into the  main contract through a preliminary sales contract being in the nature of a preliminary contract to be drawn up by a public notary office. If the party who accepts the promise of sale avoids of entering into the preliminary sales contract although he wants the performance of such sale transaction, the party accepting the promise of sale is entitled to request the registration of the compulsion by applying to a court. A preliminary sales contract for an immovable property expires upon the fulfillment of the commitment or termination of the contract. The parties are deemed to fulfill their obligations when the party for whom the property has been promised to be sold pays the price of the immovable property and the promising party assigns the ownership of such property to the former according to the preliminary sales contract.

As preliminary sales contracts are generally entered into by and between a contractor and a third party, the preliminary sales contract may be annotated in the land registry office to prevent the sale of the immovable property to third parties and empower the individual right arising from the contract because of the fact that there is no contractual relationship between the third party, in other words the promise claimant, and the deed owner.

It is important to receive help from specialist attorneys for the preparation of preliminary sales contracts for immovable properties to prevent forfeiture and contain protective arrangements for the contractual parties in consideration of valid conclusion of the contract, lapse of time and sale of the immovable property to third parties.

Preliminary Contract For Real Estate Sale

Preparation of the contracts to be entered into by and between contractors and subcontractors

Preparation of the contracts to be entered into by and between contractors and architects and for other service procurements

Providing consultancy service and the preparation of necessary contracts regarding buying and selling real property within the frame of the relevant legislation

Performing transactions such as the establishment and termination of limited real rights such as right of residence, right of usufruct and pre-emption right

Lawsuit to Recover Property

It refers to  lawsuits when the owner of a property demands the return of the property by filing a suit against the person who has the property without any right. If the property of which its possession desired to be obtained is a movable property, the execution of the decision obtained at the end of such a lawsuit will provide the return of the property to the owner. If the subject of the case is a real property registered at the land registry, the function of this lawsuit will be the correction of land registry recordings.

Possessory Actions

An action for the prohibition of confiscation (actio negatoria) is described as an action which ensures the prevention of an occurring or ongoing attack to the possession of the owner and thus to the property right and is based on Article 683 of the Turkish Civil Code. It provides to the owners the opportunity to protect themselves against such confiscation if their ability to exercise the powers arising from the property right is hamperedunfairly.

The scope of the immovable property ownership is set forth in Article 718 of the Turkish Civil Code and the air on the land and demand layer under the same are also included within the scope of the immovable property ownership to the extent that they are useful for the utilization of the ownership. Furthermore, integral parts in Article 684 of the Turkish Civil Code as well as natural products in Article 685 and extensions in Article 686 of the same Code are deemed to be included within the scope of the property right. In this sense, an action may be brought against border violations that might be encountered by owners through an action for the prohibition of confiscation (actio negatoria) against unfair attacks to the possessions of the owner beyond his will.

Damages for Unlawful Occupation Lawsuit

An action for adequate pay is a type of action that is brought to collect an unlawful detainer claim from the individuals who utilize the property unjustly and maliciously and fail to fulfill the obligation to return and of paying the same to the right holder.  The condition sought for the action is that the individual utilizing the property unjustly occupies the property without obtaining the consent of the plaintiff and does not act in good faith.  The individual who utilizes the property (adequate pay debtor) may be a real or legal entity. It is not important whether or not the owner incurs any damages in terms of the utilization of the property or the occupant is negligent.  The indemnity for adequate pay is determined on the basis of the possible income which can be earned from the property but is unable to be collected due to the unlawful detainer.

Suit of Partition

The suit of partition or elimination of joint ownership is a type of action which ensures the termination of joint ownership between the partners of a movable or immovable property subjected to shares or co-ownership and shift to personal ownership and bears similar outcomes for all parties of the action and is brought against all stakeholders who are acting as the owners of the movable or immovable property. Either stakeholder may request the termination of joint partnership by way of cancelling the co-ownership for any movable or immovable property. The stakeholders may terminate joint ownership by means of either making an agreement for the allocation of the property among themselves or bringing a suit of partition by any stakeholder against the other stakeholders and requesting the termination of joint ownership by action if the joint ownership could not be terminated by agreement.

All stakeholders are obliged to present in the action of the elimination of joint ownership. If either stakeholder dies, all inheritors indicated in the certificate of inheritance are obliged to be included in the action. It is impossible to finalize the action unless all joint owners are included in the action.

It is intended to eliminate joint ownership or usage right for an immovable property by means of allocating such rights among the joint owners or selling the same.

Land Registration and Annulment Suit

These are lawsuits filed with the request of the readjustment, annulment and, new registration of the status of property title registration, geographical and measurement due to the lack of legal reasons for the establishment of land registration and subsequent change and unlawful land registration.

The satisfaction of certain requirements are sought indeed annulment actions which are namely performance of a transaction in a land registry office without a justified reason; registration in the name of another individual other than the owner; amendment of respective registration; annulment of respective registration and the damage for a personal right as a result of the registration, amendment or annulment transaction.

Title deed annulment actions may be brought against due to such reasons as a calculation error, lifelong support agreement, residential building, accommodation bill paper of the deceased (evasion of properties from the inheritance), abuse of the power of attorney, etc.

It is important for the owners and right holders to execute this process together with legal experts in these types of actions in order not to incur any loss of right. We provide consultancy and advocacy services from the beginning to the end of the process in any disputes through our team consisting of legal experts

The Disputes regarding Condominium Ownership

Consultancy and prosecution services are rendered for any legal disputes arising from the Property Ownership Law such as the establishment of a construction servitude and property ownership, debts of the holders of construction servitude and property ownership, discrepancies for the management of main property, registration of independent units dedicated to joint utilization, participation to common costs, election and supervision of a manager, prohibition of confiscation,  general meetings of property owners and the resolutions passed there, cancellation of the resolutions passed during a general meeting of property owners, property ownership in timeshares and city blocks, etc.

The Determination and Adaptation of Lease

Adaptation action is filed with the request of an adaptation of lease contracts due to changing circumstances. Whereas declaratory judgment action is filed in a situation where the amount of increase in the contract is notmentioned and parties cannot agree on the lease.

Actions for Eviction

The provisions concerning the evacuation of the immovable property are regulated in Article 350 and thereafter in the 6098 numbered Turkish Code of Obligations and the landowner may be able to bring an action for evacuation against the tenant if the landowner, his/her spouse/wife, any descendants or ascendants need a dwelling or residence, leased property is subjected to material repair works for reconstruction or improvement, a new owner is required, the tenant provides an evacuation commitment, the landowner serves two justified notices to the tenant within a rental year.

Obtaining Turkish Citizenship by Real Estate Investment

One of the ways of obtaining Turkish citizenship by investment is buying property. Turkish Citizenship by investment program has been amended recently on 19th September 2018 and requirements for citizenship by investment have been lowered. As a result;  those who have purchased at least $250.000 worth of immovable properties without selling them within three years of the purchase will have the right to apply for Turkish citizenship. Foreigners can obtain Turkish Citizenship who fulfill the requirements set in the Regulations and applicant’s spouse if any and their children who are less than 18 years old will also be granted with Turkish citizenship and Turkish Citizenship will remain throughout a lifetime and other applicants’ children will be born as Turkish Citizens. For the applicants who have applied with false or misleading documents, the citizenship procedure shall be suspended and further applications shall not be taken into consideration even if they fulfill the related criteria. Therefore it is advised to take legal consultancy and assistance for the application and evaluation process. Besides that, it requires working with specialists for inspecting citizenship suitability of the property, title deed registry check, getting title deed certificate of suitability and residence permit transactions. We provide consultancy and, prosecution services from the beginning to the end of gaining citizenship by the real estate investment process with our specialists.

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