Real Estate Law

Transactions involving immovable property are subject to strict formal requirements. In situations such as correction of the land register, division of co-owned property, a rent dispute or delay by the contractor, the correct remedy and the relevant time limits directly affect the outcome.

On this page, we summarise common disputes in real estate law, the available remedies and the relevant time limits. Our office is in Istanbul (Küçükçekmece) and provides legal advice and conducts litigation in property and tenancy disputes.

What matters do we handle in this area?

• Actions for cancellation of title and registration
• Dissolution of co-ownership (izale-i şuyu) and partition
• Tenancy law: determination of rent, eviction, enforcement proceedings for rent receivables
• Condominium ownership and residential complex management disputes
• Construction-for-land-share agreements, contractor disputes and urban transformation
• Pre-emption (shufa) rights and compulsory rights of way
• Prevention of interference and ecrimisil
• Review of land registry records and contracts before the sale of immovable property and before a promise to sell

Actions for cancellation of title and registration

If an entry in the land register does not reflect the true legal position, the person whose right in rem has been infringed may sue for rectification of the register (Turkish Civil Code (TMK) Art. 1025). A registration based on a non-binding legal transaction or lacking legal cause is an unlawful registration (TMK Art. 1024).

Common grounds in practice:

• lack of discernment at the time of the transaction (lack of capacity)
• abuse of a power of attorney, for example transfer of the immovable at an undervalue or to a relative of the attorney-in-fact
• sales made by means of a forged power of attorney or false identity
• muris muvazaası, that is, disguising a gift as a sale in order to deprive heirs of their inheritance (for details see Inheritance Law)
• construction-for-land-share agreements in which the contractor has failed to perform
• failure to transfer despite a promise to sell executed in official form

A person who has possessed an immovable not registered in the land register peaceably and uninterruptedly for twenty years as owner may request registration by way of extraordinary prescription (TMK Art. 713).

Points to note:

• The acquisition of a third party who gains rights in good faith by relying on the land register is protected (TMK Art. 1023). For this reason, it is important to bring the action before the immovable changes hands again and to obtain an interim injunction entered on the title.
• The action is brought before the court where the immovable is located.
• The State is liable for damage arising from the keeping of the land register (TMK Art. 1007).

Dissolution of co-ownership (izale-i şuyu)

In shared ownership, each co-owner may request partition of the property if there is no obligation to maintain the co-ownership (TMK Art. 698). The same route is followed for inherited immovables. The action is heard by the Civil Court of Peace.

• Mediation first: As of 1 September 2023, in disputes relating to the partition of movable and immovable property and the dissolution of co-ownership, applying to a mediator before filing a lawsuit is a condition of action (Law No. 6325 Art. 18/B).
• Method of partition: The judge first considers partition in kind. If division is not appropriate or the property would suffer a significant loss in value, a sale by public auction is ordered (TMK Art. 699). A sale only among the co-owners depends on the consent of all co-owners.
• New procedure only for immovables belonging solely to heirs: With Law No. 7589, which entered into force on 31.07.2026, Art. 114 of the Enforcement and Bankruptcy Law (İİK) was amended. In cases where all owners acquired the immovable by inheritance and there are no owners other than heirs, in dissolution of co-ownership by sale, the first auction is held only among the heir-owners. In this auction, the bid must cover the full appraised value. The procedure is applied once only; if the sale does not take place at the first auction, the second auction follows. The amendment does not apply to auctions announced before the date it entered into force.
• Ecrimisil: If one co-owner uses the immovable alone, the others may have a claim for ecrimisil (compensation for unlawful occupation). As a rule, for this claim between co-owners, prior deprivation of use (intifadan men) is required; there are exceptions.

Tenancy law

Rent increase and determination of rent

• An agreement on an increase for renewed rental periods may not exceed the rate of change in the twelve-month average of the consumer price index (CPI) for the previous rental year (Turkish Code of Obligations (TBK) Art. 344). The temporary upper limit applied in residential tenancies between 2022 and 2024 ended as of 1 July 2024; today this general rule applies. The current rate is announced monthly by the Turkish Statistical Institute (TÜİK).
• In contracts lasting longer than five years or renewed after five years, and at the end of each following five-year period, the rent is determined by the judge according to equity, taking into account the CPI, the condition of the leased property and comparable rents.
• An action for determination of rent may be brought at any time. For the decision to be effective from the beginning of the new rental period, the action must be filed no later than thirty days before the new period, or the landlord must have notified the tenant in writing of the increase request within that period (TBK Art. 345).

Eviction

In residential and roofed workplace leases, the landlord cannot terminate the contract merely by relying on the expiry of the contractual term. If the tenant gives no notice, the contract is extended by one year at a time. At the end of the ten-year extension period, the landlord may terminate the contract without stating a reason by giving notice at least three months before the end of each extension year (TBK Art. 347).

Main eviction grounds under the law:

• housing or workplace need of the landlord or close relatives; reconstruction or major repair (TBK Art. 350)
• need of the new owner who acquires the immovable later: written notice to the tenant within one month from acquisition and a lawsuit after six months (TBK Art. 351)
• a written undertaking to vacate given after delivery of the leased premises (TBK Art. 352/1)
• two justified notices due to non-payment of rent (TBK Art. 352/2)
• the tenant or the spouse living with the tenant has a residence fit for habitation within the same district or town boundaries (TBK Art. 352/3)
• default in the rent debt: in residential and roofed workplace leases, notice granting at least thirty days and termination (TBK Art. 315), or eviction through enforcement proceedings

For most of these grounds, there is a one-month period for filing a lawsuit or starting enforcement proceedings. If the period is missed, the eviction may be postponed until the next rental year. An immovable vacated on the ground of need may not, unless there is a justified reason, be let to anyone other than the former tenant before three years have passed (TBK Art. 355).

Mandatory mediation in tenancy disputes

As of 1 September 2023, in disputes arising from the tenancy relationship, applying to a mediator before filing a lawsuit is a condition of action. Eviction through non-judgment enforcement proceedings under the Enforcement and Bankruptcy Law is outside this requirement (Law No. 6325 Art. 18/B). Time spent in mediation is not taken into account in the calculation of limitation periods and peremptory periods (Art. 16).

Condominium ownership and residential complex management

In disputes arising from the Condominium Ownership Law (KMK) No. 634, mediation before litigation is also mandatory. Common issues include:

• Common areas: For construction, repair or installations in common areas such as the roof, garden or car park, the written consent of four-fifths of all apartment owners is required (KMK Art. 19).
• Service charges and common expenses: As a rule, caretaker and similar staff expenses are shared equally, while other expenses are shared according to the land share ratio. A lawsuit may be filed or enforcement proceedings may be started against an owner who does not pay (KMK Art. 20).
• Operating plan: With the amendment made in 2026 (Law No. 7579), it was provided that the operating plan must be approved by the assembly of apartment owners, and a limit was introduced on increases in the provisional operating plan.
• Annulment of assembly resolutions: An owner who voted against the resolution at the meeting may bring an action for annulment in the Civil Court of Peace within one month from the date of the resolution; an owner who did not attend may do so within one month from learning of it and, in any event, within six months from the date of the resolution. No time limit applies to resolutions that are non-existent or absolutely void (KMK Art. 33).
• Neighbour relations and nuisance: The duty of apartment owners not to disturb one another also applies to tenants (KMK Art. 18).

Construction-for-land-share agreements and urban transformation

• Form: Since the contract includes the transfer of a land share, it must be executed in official form, in practice before a notary public in the form of an official deed (TMK Art. 706, TBK Art. 237). Simple written agreements carry a risk of invalidity.
• Delay: If it is clearly understood that the contractor will not be able to finish the work on time, the landowner may rescind the contract without waiting for the delivery date (TBK Art. 473). In case of default, performance together with delay damages (for example loss of rent) may be claimed, or the contract may be rescinded (TBK Art. 125).
• Return of title: If the contract is rescinded, the return of the land shares transferred to the contractor comes into issue. The level of completion of the construction and the good faith of third parties who purchased shares are decisive in the court’s assessment.
• Incomplete and defective works: After delivery, defects must be notified to the contractor within a reasonable period (TBK Art. 474).
• Urban transformation: Under Law No. 6306, owners have, since the 2023 amendment, taken decisions by simple majority according to their shares. The shares of owners who do not participate in the decision may be sold under the procedure laid down by law. Objections to risky building determinations, rent support and tenants’ rights are assessed separately.

Pre-emption (shufa) and right of way

• If one of the co-owners in a shared ownership immovable sells his or her share to a third party, the other co-owners may exercise the legal right of pre-emption (TMK Art. 732).
• Time limit: The right expires after three months from the date the sale is notified to the right holder through a notary public and, in any event, after one year from the sale (TMK Art. 733). This long-stop period was reduced from two years to one year by Law No. 7571, which entered into force on 25.12.2025; the old period applies to sales before the amendment.
• Price: The action is brought against the buyer. The market value of the share is determined by the judge; the holder of the pre-emption right must deposit this amount in cash together with the title deed expenses falling on the buyer within the peremptory period granted (TMK Art. 734).
• The right of pre-emption cannot be exercised in sales made by compulsory auction or in sales within the scope of the State Tender Law.
• Right of way: An owner who does not have sufficient access from his or her immovable to the public road may request that a right of way be granted by neighbouring owners in return for full compensation (TMK Art. 747).

How does the process work?

1. Initial meeting: The immovable, the parties, the contracts and the correspondence are discussed.
2. Record search: The land registry record and encumbrances, zoning status, cadastral information and, if any, the management plan are reviewed.
3. Check of time limits and notices: The necessary formal notices and notifications are made in time.
4. Mediation: In disputes where it is a condition of action, an application is first made to a mediator.
5. Lawsuit and interim measures: If necessary, an interim injunction is requested at the land registry; an on-site inspection and expert examination are carried out.
6. Enforcement: Registration at the land registry, eviction, or sale and distribution of the price.

Documents to be prepared

• Current land registry record and encumbrance information (can be obtained through e-Devlet)
• Tenancy agreement, payment receipts, formal notices and, if any, the undertaking to vacate
• Construction-for-land-share agreement, licence, occupancy permit and annexes
• Management plan, assembly resolutions of apartment owners, operating plan
• Certificate of inheritance for inherited immovables
• Photographs, correspondence and witness information

Common mistakes

• Missing the one-month and thirty-day periods prescribed for eviction and determination of rent
• Filing a lawsuit without applying to a mediator in disputes where mediation is a condition of action
• Failing to request an interim injunction before the immovable passes to a third party
• Making construction-for-land-share and promise to sell agreements in simple written form
• Having the undertaking to vacate signed before delivery of the leased premises, together with the contract

Frequently asked questions

After how many years does an action for cancellation of title become time-barred?
It depends on the legal basis. In cases such as unlawful registration, lack of capacity, forgery and muris muvazaası, as a rule no time limit is applied in practice. In claims based on mistake, fraud or duress, however, the one-year period from discovery is important (TBK Art. 39). Since the acquisition of good-faith third parties is protected, delay should be avoided.

In what situations can a tenant be evicted?
Need, reconstruction, the need of the new owner, a written undertaking to vacate, two justified notices, default in the rent debt and expiry of the ten-year extension period are the main grounds. For most of them, there is a one-month period for filing a lawsuit or starting enforcement proceedings.

When can an action for determination of rent be brought?
It may be brought at any time. For the decision to be effective from the start of the new rental period, the action must be filed no later than thirty days before the new period, or written notice of the increase must have been given to the tenant within that period.

Is it mandatory to go to a mediator first in a tenancy dispute?
Yes. Since 1 September 2023, mediation has been a condition of action in lawsuits arising from the tenancy relationship. Eviction proceedings through non-judgment enforcement are outside this requirement.

How is a sale carried out in co-owned immovable property?
A co-owner may sell his or her own share; in that case, the other co-owners’ right of pre-emption arises. The whole immovable, however, is sold either by agreement of all co-owners or at the end of an action for dissolution of co-ownership.

What can be done if the contractor delays delivery?
The landowner may claim delay damages (loss of rent); if the conditions are met, the landowner may rescind the contract and request the return of the title deeds transferred.

Related articles

• In What Situations Can an Action for Cancellation of Title and Registration Be Filed?
• Action for Dissolution of Co-Ownership (Izale-i Şuyu)
• How and When Is an Eviction Lawsuit Against a Tenant Filed?
• Eviction Through Enforcement Against a Tenant Who Does Not Pay Rent
• Condominium Ownership Law: Rights and Responsibilities of Flat Owners
• What Is a Construction-for-Land-Share Agreement?
• Tenants’ Rights in Urban Transformation
• What Is a Compulsory Right of Way?
• Inherited immovable property: Inheritance Law

Contact

You can reach us via our contact page to discuss your immovable property or tenancy dispute.

• Istanbul: Kartaltepe Neighbourhood, Süvari Avenue, Torkam E5 Residence, Block A, Flat 21, Sefaköy, Küçükçekmece. Tel: +90 212 579 79 85.

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This page is for general information purposes only; it does not constitute legal advice for your specific case. Legislation and case law may change; before taking action, please assess the current position with a lawyer.