Alanya Real Estate Lawyer

Pre-Acquisition Legal Due Diligence

Before purchasing property, we thoroughly investigate title deed records for mortgages, liens, injunctions, annotations, zoning permits, occupancy certificates (iskan), and condominium status, verifying past maintenance debts and property tax liabilities. For off-plan projects, we scrutinize developer reliability, landowner contracts, and draft purchase terms. This diligence uncovers unauthorized construction, lack of permits, or shared ownership issues before signatures are affixed, preventing years of complex litigation.

Title Deed Cancellation and Registration Lawsuits

When cadastral records do not reflect true legal ownership — such as in cases of fraudulent inheritance transfers (muris muvazaası), abuse of power of attorney, contractual bad faith, or fraud — title deed cancellation and registration lawsuits become essential. These proceedings demand rigorous expert cadastral assessments and comprehensive documentary evidence. Securing an interim injunction (ihtiyati tedbir) to freeze title transfers during litigation is frequently the critical first step.

Construction Agreements in Return for Land Share

In construction agreements between landowners and developers, delayed completions, defective or substandard construction, deviations from approved architectural blueprints, and contract termination are prevalent disputes. Drafting watertight clauses regarding delivery milestones, contractual penalties, technical specifications, and bank guarantees at the negotiation stage represents the strongest safeguard against financial loss.

Tenancy Agreements, Eviction and Rent Adjustment

We draft residential and commercial lease agreements, manage tenant evictions (based on lawful eviction commitments, default of payment, dual written warnings, or owner’s bona fide necessity), and handle rent determination and adjustment proceedings. Under Turkish law, mandatory commercial and residential tenancy mediation must precede litigation; we represent clients effectively from the mediation table through enforcement.

Condominium Law and Complex Management Disputes

Recovery of overdue maintenance fees (aidat), unauthorized use of common property, violations of building bylaws, challenges to general assembly decisions, and manager liability represent recurring issues in residential complexes. In Alanya, where many property owners reside abroad, appointing local legal counsel to manage these administrative and enforcement processes ensures seamless compliance.

Foreign Property Acquisition and Turkish Citizenship by Investment

Legal eligibility checks for foreign buyers, cadastral transfers, currency exchange certificates (DAB), and expedited Turkish citizenship applications through qualifying real estate acquisitions (minimum USD 400,000 with a 3-year non-sale restriction) are core specialties of our office.

Dissolution of Co-Ownership (İzale-i Şüyu) Lawsuits

For properties held in joint ownership through inheritance or co-investment where co-owners cannot reach consensus, dissolution of joint ownership lawsuits are initiated. Where physical partition is unfeasible, judicial sale by auction is conducted. We represent clients in both pre-trial settlement negotiations and judicial auction proceedings.

Pre-emption Right (Şufa)

In shared ownership, co-owners must exercise the statutory pre-emption right within three months of being notified of the sale and in any case within one year of the sale, by filing a lawsuit against the buyer (TMK Art. 733–734).

Compensation for Unlawful Occupation (Ecrimisil) and Prevention of Interference

Where a property is used without the owner's consent, the owner may request prevention of interference (müdahalenin men'i) and compensation for unlawful occupation (ecrimisil), generally for the last five years (TMK Art. 683).

Expropriation and Seizure Without Expropriation

Actions to determine expropriation compensation and register the property in the name of the administration are heard under Article 10 of Expropriation Law No. 2942; annulment actions against the expropriation before the administrative court, and correction actions for material errors before the civil court, may be filed within thirty days of notification (Art. 14). Where the administration takes possession of a property without expropriation, actions for prevention of interference or for compensation come into question.

Zoning, Demolition Orders and Zoning Fines

Demolition and administrative fine decisions concerning buildings constructed without a permit or contrary to the permit (Zoning Law No. 3194, Art. 32 and 42), as well as land readjustment (parcelling) procedures (Art. 18), may be challenged by an annulment action before the administrative court.

Defective Property and Latent Defects

The buyer's elective rights for defects in a sold property are based on Articles 219 et seq. of the Turkish Code of Obligations; the right of action for defects in immovable property is, as a rule, subject to a five-year limitation period from delivery (TBK Art. 244). Where a dwelling is acquired as a consumer, Consumer Protection Law No. 6502 applies.

Registration Actions Based on Promise-to-Sell Agreements

A buyer relying on an officially executed promise-to-sell agreement may file a registration action for the transfer of ownership by court judgment if the seller fails to perform (TBK Art. 237; TMK Art. 716).

Mortgages: Establishment, Release and Enforcement

A charge on immovable property may only be created as a mortgage, mortgage note or annuity note (TMK Art. 850); enforcement proceedings for the realisation of a mortgage and objections to them are governed by Articles 148 et seq. of the Enforcement and Bankruptcy Law, and where a mortgage is not released although the debt has ended, a release request and, if necessary, a lawsuit are pursued.

Objections to Cadastral Determinations and Cadastral Lawsuits

Cadastral determinations may be challenged before the cadastral court within the thirty-day public display period; finalised cadastral records may be challenged on legal grounds predating the determination within ten years of finalisation (Cadastral Law No. 3402, Art. 11 and 12).

Correction of Land Registry Entries

Errors in the land register are corrected with the written consent of the persons concerned or, failing consent, by court decision (TMK Art. 1027); corrections of names, surface area and property type are handled within this framework.

Timeshare (Devre Mülk) and Holiday Contract Disputes

Timeshare ownership is governed by the timeshare provisions of the Condominium Law (Art. 57 et seq.); under Article 50 of Law No. 6502, consumers may withdraw from timeshare holiday contracts within fourteen days without giving reasons.

Neighbour Law and Encroaching Buildings

Owners must refrain from excessive interference with neighbouring properties when using their own (TMK Art. 737); for buildings encroaching in good faith, the court may award ownership of the encroaching part to the building owner against appropriate compensation (Art. 725).

Transfer and Partition of Inherited Property

Inherited property is registered in the heirs' names at the land registry on the basis of a certificate of inheritance; if the heirs cannot agree on partition, partition of the estate or dissolution of co-ownership may be sought by lawsuit (TMK Art. 642).