Real Estate Law

Kubat Law & Consultancy: Real Estate and Tenancy Law

In light of the constitutional guarantee of the right to property, Kubat Law provides comprehensive legal support to its clients in all disputes arising from real estate and tenancy relationships. Real estate law covers a very broad and technical field — from title-deed transactions to lease agreements, from flat-for-land construction projects to the protection of the right of ownership. Our firm provides professional consultancy and litigation representation in order to prevent losses of rights in these complex processes.

Real Estate Litigation and the Protection of Ownership

Because real estate law involves actions concerning the property itself (in rem), it requires special attention as regards procedural rules and finality conditions:

Title-Deed Annulment and Registration Actions: Filed to correct fraudulent or unlawfully created title records, these actions are the most fundamental means of protecting the right of ownership. We provide expert support in actions filed on grounds such as collusive transfer by the deceased, a contract of care until death, or an annotation of the family residence.

Correction of the Title Record: We manage the processes of correcting material errors in the land registry (name, surname, share ratio, etc.) before the civil courts of peace.

Dissolution of Co-ownership (Partition): We represent our clients in actions to terminate co-ownership of jointly or commonly owned property, by sale or by partition in kind.

Prevention of Interference and Occupancy Compensation (Mesne Profits): In claims for preventing unjust encroachment on the property and for retroactive unjust-occupation compensation (mesne profits), we follow the legal process with regard to prescription periods.

Tenancy Law and Eviction Processes

Residential and roofed-workplace leases are subject to special protective provisions under the Turkish Code of Obligations. As Kubat Law, our principal services in this field are:

Rent Determination Actions: Where economic conditions change, we conduct the necessary notice and litigation processes for lease agreements that have completed 5 years, in order to redetermine the rent in line with the market value.

Eviction Actions: In the vacating of property based on eviction due to need, reconstruction, two justified notices or an eviction undertaking, we meticulously follow the statutory time limits.

Construction and Condominium Law

We provide technical consultancy on the contract types that have become more complex with the developing construction sector:

Flat-for-Land Construction Contracts: Drafting contracts that preserve the balance of rights between the landowner and the contractor and comply with the official form requirement, and resolving disputes arising from these contracts.

Condominium Law Applications: We provide representation before the civil courts of peace on matters such as problems arising from apartment and housing-estate management, the collection of common expenses and the annulment of decisions of the board of flat owners.

Right of Pre-emption (Şufa): The exercise of the priority right of purchase of the other co-owners in co-ownership, or the follow-up of title-deed annulment actions based on this right.

Why Should You Seek Professional Support?

Real estate law is the branch of law with the highest density of procedural details such as "preclusive periods" and "finality annotations". Missing a one-year period or a deficient notice may lead to the loss of the right of ownership.

From its Istanbul office, Kubat Law stands by you to protect your property rights to national and international (ECtHR) standards and to secure your real estate valuations and tenancy relationships legally.