Practice area
Property Disputes
Mediation and litigation in property disputes, including rectification of title, partition and claims against unlawful occupation.
Scope
Property disputes usually call for a combined review of the title records, the zoning position and the relationship between the parties. Depending on the nature of the dispute, mediation, interim injunctions or court proceedings are considered. Our firm conducts these matters under a power of attorney, notably on behalf of owners living outside Türkiye.
- Claims for cancellation and rectification of title
- Partition proceedings for co-owned property
- Claims to stop unlawful interference and for compensation for unauthorised occupation
- Disputes arising from condominium ownership and site management
- Disputes under promissory sale and flat-for-land construction agreements
- Mandatory pre-action mediation in property disputes
Process
How it generally works
- Reviewing the records
Land registry, cadastral and zoning records are examined together with the contracts between the parties.
- Legal assessment
The available remedies and potential risks are outlined according to the nature of the dispute.
- Injunction and notice
Where necessary, an interim injunction is sought to prevent transfer of the property and a formal notice is served on the other party.
- Mediation or proceedings
Where mediation is a precondition to suit, a mediator is approached first; if no agreement is reached, proceedings are issued.
- Trial and registration
Site inspections and court-appointed technical reviews are followed through; after judgment, registration at the land registry is completed.
- Title deed record and encumbrance certificate
- Cadastral plan and zoning status certificate
- Promissory sale, flat-for-land or other agreements
- Bank records of payments
- Any formal notices and correspondence
- Recent photographs of the property
- Power of attorney
Questions
Lawyers working in this area
- Av. Tarık Soylubey · TR EN DE
- Av. Emre Bayraktepe · TR EN
- Av. Kaan Ergüder · TR EN
When is a claim for cancellation and rectification of title brought?
Such a claim may arise where the registered title is alleged to rest on an unlawful basis, for example a sham transaction, misuse of a power of attorney or an invalid transfer. The legal basis and time limits vary with the nature of the allegation. The title records and transaction history should be reviewed in detail before proceedings are issued.
What happens if co-owners of a property cannot agree?
Any co-owner may request the termination of co-ownership. Depending on the nature of the property, the court may order physical division or a sale. In these disputes, an application to a mediator is required before proceedings can be issued.
Can I bring a claim about my property in Türkiye while living abroad?
Proceedings can be brought and conducted through a lawyer practising in Türkiye under a power of attorney. The power of attorney may be executed at a Turkish consulate or before a local notary with an apostille. Whether attendance at hearings or a personal statement is needed depends on the type of claim.
This content is for general information only and does not constitute legal advice.