Real estate lawyer's definition of the property

In Turkish law, the term "real estate" generally refers to immovable property rather than movable property. The distinction between movable and immovable property, regulated by relevant laws, provides definitions of what real estate means. The word "real estate" comes from the Arabic word for "transfer" and its derivatives. In short, the following definition of real estate would not be incorrect.

"Immovable property is the property or thing over which ownership rights are subject." Therefore, it would not be wrong to continue our discussion by referring to real estate as immovable property. Article 704 and subsequent provisions of the Turkish Civil Code, which examine immovable property, contain regulations regarding the acquisition and loss of ownership of immovable property.

Upon examining the relevant provisions, it is observed that while there is no precise definition of immovable property, the things subject to immovable property ownership are listed. Accordingly, independent or permanent rights recorded on separate pages in the land registry by the relevant parties, as well as independent sections registered in the condominium registry and land, are considered immovable property. Although doctrine and legal provisions state this, some types of land have not been accepted as immovable property by the Supreme Court. According to the Supreme Court, two criteria are considered for a piece of land to be considered immovable property. Firstly, the land must be suitable for acquisition. Secondly, the land must be registered as immovable property in the land registry. The Supreme Court has issued decisions interpreting land parcels that do not meet these two criteria in a manner appropriate to the purpose, applying the provisions related to movable property.

real estate lawyers , we can explain some points as follows.

As we explained above, the Turkish Civil Code restrictively defines what constitutes real estate or immovable property. After explaining land, it is necessary to address the independent and permanent rights listed in Article 704. Independent and permanent rights cause confusion in society. To explain it in the simplest terms, easements mean that the holder of the right has the authority to use an object. So, what are the necessary conditions for these rights to be considered immovable property according to the Turkish Civil Code?

We can convey this by linking it to four conditions.

1-Firstly, for an easement to be considered real property, it must be a right established in accordance with proper procedure. For example, surface rights and water rights

2-Secondly, this right must be a right attached to the property and easily transferable. This means the right must be independent in nature. Articles 426/3 and 437/3 of the Turkish Civil Code stipulate that easements and water rights can only be registered in the land registry as real estate on a separate page if they have been established for a minimum period of 30 years. This means that if you have a right granted to you separate from real estate, you can register this right as real estate in the land registry only if it has been established for at least 30 years. Let's clarify the final condition in this way: the registration of the right in the land registry is another requirement.

After discussing easements and land considered as immovable property, let's finally talk about independent units. In Article 704 of the Turkish Commercial Code, independent units are considered a special extension of immovable property ownership and continue to exist today in connection with condominium ownership, established by Law No. 634 dated June 23, 1965.

By "independent units," we mean that the independent units registered in the condominium registry are treated and accepted as immovable property under the provisions of the Turkish Civil Code.

real estate lawyers , we take these factors into consideration when handling legal proceedings. We file the following types of lawsuits:

• Property deed cases and cases involving correction, cancellation and registration of records
• Claims of ownership
• Expropriation lawsuits
• Rent determination and eviction cases
• Like partition lawsuits

There are various types of lawsuits.

Lawyer Canan Tilaver – Lawyer Ferhat Kule