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Real estate lawyer in Turkey – C&B Law Firm

⚖️ Real Estate Law · Turkey

Real Estate Lawyer in Turkey: Who They Are and Which Cases They Handle

A real estate lawyer in Turkey is a lawyer who gives legal advice and handles court cases in property purchases and sales, title deed transactions, rental relationships and ownership disputes over real estate. A real estate lawyer makes sure that property disputes are resolved before the Turkish courts where needed and that buying and selling is carried out safely, without any loss of rights. At C&B Law Firm, we work as a property lawyer in Turkey for foreigners and Turkish citizens alike, for properties across the country, including Istanbul.

🗺️Service areaAll of Turkey
📍Title deed casesWhere the property is located
🔑Rental disputesCivil Court of Peace
🤝Before filingMandatory mediation

📜 Definition

Who Is a Real Estate Lawyer in Turkey?

Real estate lawyer is the term used for lawyers who give legal advice and handle court cases on ownership and other property rights over real estate, title deed transactions, rental relationships and the disputes arising from them; they are also known as Turkish property lawyers or Turkish real estate lawyers. By protecting the rights of buyer and seller, tenant and landlord, and landowner and contractor, a real estate lawyer makes sure a transaction is set up lawfully from the start and that rights are protected before the Turkish courts if a dispute arises.

Real estate law in Turkey is a branch of property law that governs rights over real estate such as land, plots, houses, flats and buildings, and the relationships between owners, tenants, institutions and construction companies. Its foundation is the Turkish Civil Code No. 4721 ; special legislation such as the Land Registry Law, the Zoning Law, the Condominium Law and the lease provisions of the Turkish Code of Obligations also frequently applies in practice. For more details, see our Real Estate Law page.

Most mistakes in property transactions happen before anything is signed: a seizure or mortgage on the title deed, a mismatch between the zoning status and the registered type of the property, or a contract made without the required formalities can turn into a lawsuit lasting years. That is why checking the annotations and declarations on the title deed and the registered type of the property before the transaction is one of the most basic tasks of a real estate lawyer in Turkey.

ℹ️“Real estate lawyer” is not an official title. Under Turkish law there is no official specialist title for lawyers in any particular branch of law. In practice, lawyers who work intensively on property disputes are commonly known as “real estate lawyers”, “property lawyers” or “real estate attorneys”.

🗂️ Duties

What Does a Real Estate Lawyer Do in Turkey?

For most people, property is their most valuable asset, which is why real estate transactions carry a high risk of losing rights. The core duties of a real estate lawyer are:

🔍01

Title deed and legal due diligence

The title deed, seizures, mortgages, annotations and declarations, and the zoning status are examined; the legal status of the property is reported before the transaction.

📝02

Drafting contracts

Promissory sale agreements, construction-for-flats agreements, leases and pre-payment agreements are drafted and negotiated so that the parties’ rights and obligations are set out clearly.

🏦03

Sale and transfer

Title deed transfers, mortgage registration and removal procedures, and the sale price, fees and tax obligations are managed.

🔑04

Managing rental relationships

Tenants and landlords are advised on lease agreements, rent increases, collection of unpaid rent and eviction.

🏗️05

Construction and condominiums

Relations between landowners and contractors, defective or late-delivered homes, and disputes between flat owners are handled.

⚖️06

Mediation and litigation

When a dispute arises, mandatory mediation is conducted and, if needed, a lawsuit is filed and the litigation is followed through.

⚖️ Types of cases

Which Cases Does a Real Estate Lawyer Handle in Turkey?

The work of a real estate attorney in Turkey covers a wide range, from title deed and ownership disputes to sales and construction, and from rental relationships to condominium issues.

1. Title Deed and Ownership Cases in Turkey

A property lawyer in Turkey handles both Land Registry Office procedures and court proceedings in disputes arising from the title deed and ownership rights. The main cases in this group are:

📋Title deed cancellation and registration: A lawsuit to cancel a title deed entry created through misuse of a power of attorney, fraud or another unlawful cause, and to register the property in the name of the true owner.
🧩Partition (izale-i şuyu): Ending co-ownership of a property held in shares or jointly under Turkish property law, either by physical division or by sale.
🏛️Collusive transfers by the deceased (muris muvazaası): A title deed cancellation and registration lawsuit against gifts the deceased disguised as sales to keep assets away from the heirs.
🚧Ending interference and occupation compensation (ecrimisil): Stopping unlawful interference with a property and claiming a fee for the period of unlawful use.
🏢Expropriation: Protecting the owner’s rights in cases on determining and increasing expropriation compensation and in de facto expropriation without due process.
📜Old title deeds and records: Matters requiring determination, such as Ottoman-era title deeds, old records and a mismatch between the registered type of a property and its actual condition.

2. Buying, Selling, Construction and Investment in Turkey

📝Promissory sale agreement: An agreement containing an undertaking to transfer a property in the future; to be valid under Turkish law, it must be drawn up by a notary public.
🏗️Construction for flats: Drafting the agreement between landowner and contractor, and disputes over delays, unfinished work and transfer of shares.
🔧Defective or late delivery: The buyer’s rights and compensation claims when a home bought from a contractor is incomplete, defective or delivered late.
💸Sale price and tax: The tax consequences, and the consequences in defect claims, of declaring a sale price at the Land Registry lower than the real price.
🌐Foreigners acquiring property: Conditions and procedures for foreigners buying property in Turkey, and Turkish citizenship applications through property investment.
🏢Condominium disputes: Cases under the Condominium Law between flat owners, such as service charges, use of common areas and breaches of the management plan.

3. Rental Disputes in Turkey

🚪Eviction lawsuit: Evicting a tenant under Turkish rental law on grounds such as unpaid rent, the owner’s need, reconstruction or the end of the ten-year extension period.
✍️Eviction undertaking: A document in which the tenant undertakes in writing to vacate the property on a set date, and the conditions for its validity.
📊Rent determination lawsuit: A lawsuit filed by the landlord or tenant to have the rent reset at a fair level.
📈Rent increases: The rule that annual increases for residential and roofed commercial leases may not exceed the twelve-month average CPI of the previous lease year, and objections to demands above it.
🏘️Sale of a rented property: Whether the new owner is bound by the lease when a rented home is sold, and the conditions for eviction on grounds of need.
🧳Short-term and holiday rentals: The administrative fines for renting out homes on platforms such as Airbnb without a permit, and the consequences under the lease.
🤝Mandatory mediation before filing: Under Turkish law, for many disputes arising from leases, partition, condominium ownership and neighbour law, applying to a mediator before filing a lawsuit is a precondition for the case. The right strategy at the mediation stage often resolves the dispute without any need to go to court.

🛡️ The lawyer’s role

Why Legal Support Matters in Property Transactions in Turkey

Working with a lawyer is not mandatory when buying or selling property or in a lease; the parties can handle Land Registry procedures themselves. However, many mistakes made in property transactions in Turkey cannot be corrected later, or can be corrected only through long and costly lawsuits.

Without a lawyer

✖Risks Without Legal Support in Turkey

  • Title deed: In Turkey, a purchase can go ahead without noticing a seizure, mortgage, interim injunction or annotation.
  • Zoning and property type: A mismatch between the registered type and the zoning status, or the risk of a building without a permit or occupancy certificate, can be overlooked.
  • Form of the contract: A promissory sale agreement made in simple written form may be invalid, putting the money paid at risk.
  • Deadlines: Missing the deadlines for rent determination, eviction and objections leads to a loss of rights.

With a lawyer

✔What a Property Lawyer in Turkey Secures

  • Due diligence: The title deed, zoning status and the seller’s authority are checked at the Land Registry before the transaction.
  • The right contract: Contracts are drafted in line with the formalities required under Turkish law and to protect the parties’ interests.
  • Safe transfer: Payment, title deed transfer and handover are tied to a timetable to keep the risk to a minimum.
  • Effective follow-up: Mediation and court proceedings are handled without missing deadlines and with the right evidence.

✅ Choosing a lawyer

How to Choose a Real Estate Lawyer in Turkey

Choosing the right Turkish real estate lawyer is important for completing your transaction safely and managing any dispute properly. What to look for when searching for a real estate attorney in Turkey, whether in Istanbul or any other city:

01

Experience in the field

A property lawyer in Turkey who regularly handles title deed, rental and construction disputes can spot common mistakes in advance.

02

Up-to-date knowledge of the law

Rent increase caps, mandatory mediation and zoning rules change often; your lawyer should keep up with these changes.

03

Document review

A good real estate lawyer looks not only at the contract but also at the title deed, the zoning status and the building permit.

04

Clear communication

Work with a lawyer who explains the risks and options clearly and replies to your questions on time.

05

No advertising claims

Advertising is prohibited for lawyers under Turkish law; claims such as “the best real estate lawyer” breach professional rules.

06

Realistic assessment

No lawyer can guarantee the outcome of a case; choose one who shares the strengths and weaknesses from the start.

07

Bar registration

You can confirm that the person you are speaking to is registered with a bar association through the lawyer search of the Union of Turkish Bar Associations.

08

Confidentiality

Information about your assets is sensitive; your lawyer must strictly observe the duty of confidentiality.

09

Written agreement and transparent fees

The scope of the service and the legal fee should be set out in a written engagement agreement before work begins.

💳 Fees

How Are Real Estate Lawyer Fees Determined in Turkey?

In the Turkish legal system, real estate lawyer fees depend on the type of work, the value of the property, the complexity of the file and the effort involved. The Minimum Attorney Fee Tariff, prepared by the Union of Turkish Bar Associations and published every year in the Official Gazette, sets the lower limit for legal fees; a lawyer cannot take on a case for less. The Istanbul Bar Association also publishes a recommended fee schedule every year.

📝

Advice and review

Title deed review, contract drafting and advice on a sale are usually priced according to the scope of the work.

⚖️

Litigation

For cases such as title deed cancellation, partition or eviction, the fee depends on the value in dispute and the complexity of the file.

🧾

Costs are separate

Court costs such as fees, expert reports and site inspections are calculated separately from the legal fee.

An exact fee cannot be given without reviewing the file. It is advisable to have the fee and the scope of the service set out in a written engagement agreement .

🏢 C&B Law Firm

C&B Law Firm – Real Estate Lawyer in Turkey

From its office in Istanbul, Turkey; C&B Law Firm works as a real estate law firm in Turkey for Turkish citizens and foreign clients, in English and Turkish. Our team of Turkish property lawyers supports clients in title deed cancellation and registration cases, partition, collusive transfers, rental and eviction disputes and property purchases and sales.

Our services are not limited to Istanbul: because property cases are heard by the court where the property is located, we handle property files across Turkey, including Istanbul, Ankara, Izmir, Antalya, Bursa and other cities. In Istanbul, we handle cases concerning properties on both the European and Asian sides before the relevant courts, mainly at the Çağlayan, Bakırköy and Kartal (Anatolian) courthouses. Every file is run under the supervision of our partners, and the possible risks and options are shared openly with the client from the start.

❓ Frequently asked questions

Frequently Asked Questions About Property Lawyers in Turkey

Do you only handle properties in Istanbul?

No. Although our office is in Istanbul, we provide legal support for properties anywhere in Turkey. Lawyers can handle court cases and title deed transactions nationwide, regardless of the bar association they belong to. Because property cases are filed where the property is located, we handle your file in the relevant city, and meetings can be held in person or online.

Which court hears a title deed cancellation case in Turkey?

Title deed cancellation and registration cases are heard by the Civil Court of First Instance. In cases concerning property rights over real estate, the court where the property is located has exclusive jurisdiction; in other words, the case must be filed where the property is.

Can a house be built on land registered as a “field” in Turkey?

As a rule, no. Under Turkish law, the registered type of a property and its zoning status determine what may be done on it. Building a home on field-type land outside a zoning plan requires special permits, and buildings without a permit face the risk of demolition and administrative fines. That is why, with listings such as “hobby garden” or “house on farmland”, the registered type and zoning status must be checked before buying.

Does a promissory sale agreement have to be made before a notary?

Yes. To be valid, a promissory sale agreement for real estate must be drawn up by a notary public. Promissory sale agreements made between the parties in simple written form are, as a rule, invalid, and a separate lawsuit may be needed to recover the money paid.

What should be checked on the title deed before buying a home in Turkey?

Who owns the property, whether there is any seizure, mortgage, interim injunction or annotation on the title deed, and the registered type and zoning status must all be checked. For details, see our article on buying property in Turkey .

Can I sell or buy property in Turkey while living abroad?

Yes. With a power of attorney issued at the Turkish consulate in your country, or before a local notary with an apostille, your lawyer can carry out the title deed transactions for you. Meetings can also be held through online legal consultation .

Do I have to be in Turkey or attend hearings for a property lawsuit?

As a rule, no. The lawyer you appoint by power of attorney files the case, attends the hearings, follows site inspections and expert examinations, and keeps you informed at every stage. If the court decides to hear you in person, or a step such as taking an oath requires your personal attendance, you will be told in advance. Apart from such cases, we hold our meetings online and can conduct your case without you needing to travel to Turkey.

ℹ️The information on this page is for general guidance only and is not a legal opinion on any specific matter. Because every property transaction has its own circumstances, we recommend reviewing your situation with a lawyer so that you do not lose any rights.

✉️ Contact

Contact a Real Estate Lawyer in Turkey

C&B Law Firm

Whether your property is in Istanbul or any other city in Turkey, you can request an appointment through our contact channels for a legal assessment. Meetings with clients in other cities or abroad can also be held online.

Bar registration numbersAtt. Şura Çokgör – Istanbul Bar Association, Reg. No. 41883
Att. Orbay Çokgör – Istanbul Bar Association, Reg. No. 43403
📍AddressEsentepe Mah. Keskin Kalem Sok.
Arya Plaza No: 17/4, 34381
Şişli / Istanbul, Turkey
✉️Emailinfo@cbhukuk.com
🕑Office hoursMonday – Saturday
09.00 – 18.00

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