REAL ESTATE LAW

What is Real Estate Law?

Real estate law is basically a branch of law of property and it is the branch of law by which most of the disputes regarding law of property are settled. When it comes to real estate it refers to existence of immovables such as land, estate, apartments, buildings and houses.Some certain definitions and descriptions come to the forefront within the scope of real estate law and they constitute the foundation of this branch of law.

What is Real Estate Attorney?

As we have already mentioned it is advised thatthose who face with any real estate lawsuit within the scope of real estate law should definitely consult with a real estate attorney . As there is no obligation to have an attorney in any lawsuit, there is no obligation to have an attorneyin real estate lawsuits. But getting in contact with a real estate attorney prior to lawsuit process would help to prevent vexed problems and nuisances because real estate lawis definitely a branch of law which is composed of fine details and exceptions. It is also possible to say that one of the most common lawsuits seen in our country isreal estate lawsuits. Therefore seeking an expert real estate attorneyis of great importance in our country. If we look at its basic definition we can say that real estate attorneysareattorneys who are experts in the field of real estate law. Attorneys specialized in this field are responsible for all kinds of lawsuits originating from real estate, estate, land or housing being in the first place. Among the most common lawsuits within the framework of real estate law are title deed registration and cancellation cases. When it comes to title deed registration cases, it becomes very important to work with a real estate attorney specialized in this field because even the simplest misplead might lead to losing the case. Real estate attorneys step in precisely at this point to guide and consult their clients and minimize and remove possible mistakes during the proceedings. In addition to all these, real estate and property cases require longer proceedings in comparison with other lawsuits. For this reason, it is very important to have an expert to follow every single development during the proceedings.

Among the lawsuits that real estate lawyers deal withwe can mention lawsuits for mortgage disputes being in the first place, lawsuits based on all kinds of disputes, lawsuits to recover properties, expropriation cases, elimination of joint ownership cases, title deed cancellation and registration cases, rental determination cases and eviction cases . In addition to these among the service of real estate attorneysthere are many real estate law contracts such as rental contracts, mortgage contracts, construction servitude contracts, construction contracts, building management contracts, project management contracts and shopping center management contracts.

Place and Importance of Property Law within Real Estate Law

Real estate law or alias housing law, includesthe parts of real estate law regarding housings. When it comes to property law it is actually possible to say that it has the same qualities and definitions with real estate law. Within the scope of property law many consultancy services like consultancy in real estate, property and housing are provided along with attorneyship services. These services include audit and preparation of bargain and sale contracts, determination of real estate suitable for economic state and demand, real estate financing consultancy in general sense, appraisal services, preliminary contracts for sale of real estate and legal status reporting. However services such as audit and preparation of rental contracts, consultancy on disputes arising from property ownership law, legislation follow up, investigation and assessment of legal and financial status of real estates and title deed transactions are also assessed and performed within the scope of property law. 

Keeping tabs on laws  and regulations determined within the frame  of real estate law legislation is in the field of interest and duty of real estate law attorneys. The laws determined in real estate legislation are detailed and itemized within the framework of sub-titles such as Turkish Civil Code, Zoning Law, Settlement Law and Municipal Law. Real Estate Tax Law is also one of these sub-titles. The Real Estate Tax Law, which is explained in article 27 of the real estate legislation, was adopted on 29.07.1970 with law no. 1319. Article 1 of the said law states that "Buildings within the boundaries of Turkey are subject to building tax pursuant to provisions of this law." At the beginning of our article, we mentioned that the real estate law includes way too exceptions. Again, in accordance with Article 2 in Section 1 of Real Estate Tax Law floating docks, tents and mobile houses fastened upon vehicles are not regarded as housing and this is one of the most appropriate examples of these exceptions.

·         - Concept of Immovable and Cadastres

·         - Cadastral Forest and 2B Lawsuits

·         - Expropriation Lawsuits

·         - Mortgage System and Legal Regulations

·         - Amendments in Property Ownership Law and Collective Buildings

·         - Limited Real Rights (Build-Operate-Transfer Model)

·         - Foreigners' Right to Acquire Immovables

·         - Time Share Vacation Systems

·         - Foundation Immovables

·         - Zoning Problems