Real Estate, Title Deed and Construction Law in 10 Questions — Atty. Gizem Gonce

Declaring a lower price than the actual sale price in the title deed during real estate sales can create significant risks both in terms of tax law and the future legal relations of the parties. The title deed fee must be calculated over the actual sale price. If the actual price is concealed, tax loss penalties and late-payment interest may come into question.

In addition, when disputes arise between the parties in the future, such as the payment of the sale price, termination of the contract, or defects in the property, the difference between the price in the title deed and the actually paid price may cause proof issues. My advice to citizens is to declare the actual sale price in title deed transactions and keep payment documents.

Being the owner of a property does not eliminate the tenant's rights to privacy and home inviolability regarding the residence. As long as the lease agreement continues, the tenant has the right to use the residence in accordance with the law.

Within the scope of the Turkish Code of Obligations, the lessor must give the tenant appropriate prior notice to the extent necessary to view the property or conduct maintenance and repair work. Entering the residence without the tenant's consent may also constitute the crime of violation of home inviolability, depending on the specifics of the concrete case. Landlords should be aware of property rights, and tenants should be aware of home inviolability.

A family residence is the residence where spouses carry out their living activities and which is the center of family life. Article 194 of the Turkish Civil Code prevents the owning spouse from transferring the family residence or limiting rights over the residence unless there is explicit consent from the other spouse.

The family residence annotation ensures that this legal protection becomes visible in the title deed registry. The absence of the annotation does not mean that the legal protection regarding the family residence disappears automatically. However, proof and good faith assessments may gain importance in disputes that may arise with third parties. Therefore, we recommend having the family residence annotation registered in the title deed.

Title deed cancellation and registration lawsuits are lawsuits that can be filed on the claim that the ownership of the property has passed to someone else unlawfully. Collusive transfers made by the testator to smuggle assets, abuse of power of attorney, lack of capacity, and legally invalid transactions are some of the situations where these lawsuits may come into question.

However, the legal cause of each property dispute is different. It is necessary to base the lawsuit on the correct legal cause, collect evidence, and evaluate statute of limitations or forfeiture periods. Requesting an interim injunction in some disputes is also important to prevent the property from changing hands while the lawsuit is ongoing.

It is not possible to say that every sale made through a power of attorney is invalid. However, a legal dispute may arise if the attorney exceeds the limits of the authority given to them, misuses the power of attorney duty, or transfers the property by abusing the proxy relationship.

Facts such as the sale price not being transferred to the owner, the sale being made to close persons under unusual conditions, and the attorney securing a benefit may be important. In such a case, title deed records, bank transactions, the scope of the power of attorney, and transaction documents must be evaluated together. Depending on the conditions of the concrete case, a title deed cancellation and registration or compensation lawsuit may come into question.

First of all, the legal nature of the contract, the delivery date, and the provisions regarding delay must be examined. Provisions of Law No. 6502 on the Protection of Consumers may come into question in housing sales that qualify as consumer transactions.

In the event of the contractor's default, the buyer can request specific performance, withdrawal from the contract, refund of the price, or compensation for damages arising from the delay, depending on the characteristics of the case. What is important here is to carefully examine the delivery date in the contract and force majeure provisions, if any. Citizens should record delivery delays with written notifications.

Construction-in-return-for-land contracts are agreements that have significant economic consequences for the land owner and must be prepared carefully. The location, square footage, technical specifications, delivery date, sanctions to be applied in case of delay, and title deed transfer stages of the independent sections to be received by the land owner must be clearly determined.

The construction stage at which land share transfers to the contractor will take place must be secured in the contract. If the contractor leaves the construction unfinished or acts contrary to the contract, the rights of the land owner come into question. Therefore, examining the contract legally and technically before signing is of great importance.

It is not mandatory for all property owners to be of the same opinion in urban transformation processes. Within the scope of Law No. 6306, decisions can be made based on the share and majority principles stipulated in the law in properties where risky structures are located.

The rights of the owners who do not participate in the decision and the procedure to be followed are determined according to the legal status of the property and at which stage the transaction is. When legal conditions are met, processes regarding the sale of the land shares of owners who do not participate in the decision may also come into question. It is important for owners to follow notifications and use their right to object and sue within the periods granted to them.

Yes. Within the scope of the Condominium Ownership Law, flat owners are obliged to contribute to common expenses and advances. Enforcement proceedings can be initiated against the flat owner who does not fulfill this obligation by the management or authorized person.

There is also a provision regarding delay compensation in Article 20 of the Condominium Ownership Law. The flat owner's responsibility for common expenses must be evaluated by taking into account which common area or service the relevant expense was made for and the management plan. Persons objecting to the due debt must examine payment documents and management decisions.

Neighborhood relations are protected not only by rules of social courtesy, but also by legal regulations, primarily Article 737 of the Turkish Civil Code. Property owners are obliged to avoid excessive acts that negatively affect their neighbors.

In cases such as noise, odor, smoke, vibration, or unlawful use of common areas, demands for prevention of interference, restoration to the original state, and compensation may come into question depending on the nature of the concrete case. It is important to demonstrate the nature and continuity of the disturbance with evidence.