Real Estate Law

The legal unit that deals with the rights of both parties in all kinds of real estate transactions, within the framework of the law, is called real estate law.

With the real estate sales promise contract, the parties become personal rights holders. In order for the real estate sales promise contract to be valid in official transactions, it must be drawn up in the presence of a notary according to legal procedures. Although these contracts regarding the real estate are binding between the buyer and seller, they must be annotated in the title deed in order to avoid any grievances in the future. Otherwise, the same real estate can be sold to someone else with this contract. Title deed annotation can be done upon the request of either the buyer or the seller.

The validity period of the annotation placed on the title deed for the real estate sales promise contract is 5 years.

ACQUISITION OF REAL ESTATE BY FOREIGNERS IN TURKEY

In accordance with Article 35 of the Land Registry Law No. 2644, amended by Law No. 6302, which came into force on May 18, 2012, the reciprocity requirement for foreign real persons to acquire real estate in our country has been abolished.

Real persons of foreign nationality can acquire any kind of real estate (House, Office, Land, Field) in our country, provided that legal restrictions are observed. (DEPARTMENT OF FOREIGN AFFAIRS)

Information can be obtained from the Embassies/Consulates of the Republic of Turkey, General Directorate of Land Registry and Cadastre (Department of Foreign Affairs) and Land Registry Directorates about which country’s citizens can acquire immovable property and limited real rights in our country.

“Article 35 – (Rearrangement: 29/12/2005-5444/1 art.; Amended: 3/5/2012-6302/1 art.) Provided that legal limitations are complied with, by the President in terms of international bilateral relations and when required by the interests of the country. Foreign natural persons who are citizens of specified countries can acquire real estate and limited real rights in Turkey. The total area of immovable properties and independent and permanent limited real rights acquired by real persons of foreign nationality cannot exceed ten percent of the privately owned district’s surface area and thirty hectares per person throughout the country. The President is authorized to increase the amount that can be acquired nationwide per capita by up to twofold.

Commercial companies with legal personality established in foreign countries in accordance with the laws of their own countries can only acquire real estate and limited real rights within the framework of special law provisions. Those other than these trading companies cannot acquire real estate and limited real rights cannot be established in their favor. The limitations in this article do not apply to the establishment of real estate mortgages in favor of these trading companies and foreign natural persons.

Foreign natural persons and legal entity trading companies established in foreign countries in accordance with the laws of their own countries must submit the project they will develop on the unbuilt real estate they have purchased to the relevant Ministry for approval within two years. The project, which is approved by the relevant Ministry with a start and finish period determined, is sent to the land registry office where the real estate is located to be recorded in the declarations section of the land registry. The relevant Ministry monitors whether the approved project is carried out within its deadline.

Number of house sales by country nationality

Iraq 348, Saudi Arabia 181, Iran 156, Russian Federation 120, Afghanistan 108 Kuwait 79, Germany 78, Azerbaijan 61, England 52, Jordan 52, Ukraine 51, Qatar 41 Egypt 41, Sweden 34, Yemen 32, Kazakhstan 28, Netherlands 24 ,Palestine 23,United States 22, Libya 21, Other countries 297

Other Transactions Mentioned in Real Estate Sales

(Real Estate Sale and Rights Creating a Sales Relationship)

Fidelity (repurchase): It is a right that allows a person to resell something he has sold, in exchange for a price and with a unilateral will.

Assignment (right to purchase): It is a right that gives a person the authority to request the ownership of a thing to be transferred to him at any time he wishes.

Right of pre-emption: It is a right that allows a person to purchase a product sold first (preferentially). This right may arise from a legal transaction or from the law.

Family Law

Family law is a branch of law that is basically regulated in the second book of the Turkish Civil Code No. 4721 and deals with family-related institutions, including engagement, marriage, divorce, alimony, paternity, adoption, custody, guardianship and trusteeship. For family law disputes, lawsuits must be filed in family courts, which are specialized courts. In jurisdictions where a family court cannot be established, the civil court of first instance will conduct proceedings as a family court.

Family law covers not only the establishment of institutions such as engagement, marriage, divorce and adoption listed above, but also their conditions and consequences. Apart from the aim of preventing grievances by protecting the rights of people living in the family, it is also important for the preservation of social order.

Önal&Önal Law Firm, within the scope of family law, always pays due attention to the privacy of private life;

-divorce cases,

-pecuniary and non-pecuniary damages cases,

-custody and guardianship cases,

-paternity cases,

-cases arising from the liquidation of the property regime,

-Requesting precautionary measures due to domestic violence and similar situations,

-preparation of consensual divorce protocols,

-recognition and enforcement of data and decisions by foreign courts,

It serves its clients with over 35 years of experience and with lawyers who are experts in their fields, on many issues such as opening and conducting alimony cases.