Real Estate Law

Real estate law regulates the ownership of immovable property and the in rem rights over immovable property. As Ertan Law & Consultancy, in Bursa we provide consultancy and litigation services for transactions concerning residential, land, and commercial immovable property, within the framework of Law No. 4721 (Turkish Civil Code), Law No. 634 (Condominium Law), and the relevant special legislation.

Our Areas of Practice

Actions for cancellation of title deed and registration: Disputes arising from collusion, incapacity, unlawful registration, power of attorney, and title deed transfers.

Partition (settlement) of joint ownership: Division in kind or by sale of immovable property to settle the joint ownership where co-owners cannot reach an agreement. It is frequently encountered in joint ownership arising from inheritance.

Compensation for unlawful use: Claims for the use price of an immovable property used without legal right and actions for the cessation of interference.

Construction contracts against allocation of land share: Disputes between the landowner and the contractor concerning delays, defects, title deed transfers, and penalty clauses.

Rental disputes: Determination of rent, eviction, extension of the lease, and statutory caps on residential rents. For the enforcement follow-up of rent receivables, you may refer to our Enforcement and Bankruptcy Law page.

Condominium and site management: Management plan, dues and common expense receivables, annulment of the decisions of the manager and the boards of unit owners, and neighborly relations.

In rem rights: Mortgage, usufruct, easement, right of way, and right of superstructure.

Pre-Purchase Legal Review

Before purchasing an immovable property, examining the following elements reduces the disputes that may arise afterwards:

• Title deed records and encumbrances (mortgage, attachment, annotations, statements)
• Zoning status, occupancy (building use) permit, and conformity of the building with its construction permit
• The authority of the seller
• The condominium management plan and any outstanding debts

Expropriation

For price determination, for annulment actions under Law No. 2942 (Expropriation Law), and for the administrative jurisdiction dimension of disputes concerning expropriation without condemnation, you may refer to our Administrative Law page.