What is Real Estate Law?

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Real estate law, which is a part of property law, is a branch of law that regulates the procedures related to immovables such as land, apartment, building and land.

 

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What is Real Estate Litigation?

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Real estate means immovable property. Real estate lawsuit, on the other hand, is a type of lawsuit filed for disputes arising from the purchase, sale, deed registration or cancellation of registration, title deed registration and inheritance related to the real estate in question.

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What are Real Estate Lawsuits?

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Real estate lawsuits are grouped under three main headings. These; Men-i intervention (prevention of interference) case, izale-i Şuyu (dissolution of partnership) case and title deed cancellation and registration cases.

 

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Prevention of Intervention (Prevention of Intervention) Case

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Prohibition of intervention (prevention of interference) is one of the most common real estate lawsuits. There are two conditions for the use of an immovable. These are the right to be the owner of the immovable or to obtain permission from the right owner to use the immovable. It is against the law for any person to use an immovable property belonging to another person without obtaining permission from the right owner.

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In this case, the right owner of the immovable must file a case of prohibition (prevention of interference) to stop the unauthorized use of the immovable. As a result of the lawsuit, if the plaintiff is found to be right, the person who occupies the immovable is blocked and the right owner can demand occupation compensation for the occupation period. The important point here is that the person who made the occupation carried out this occupation knowingly and unlawfully. A real estate lawyer makes important contributions to the follow-up of the court process and obtaining the occupation compensation.

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Izale-İ Şuyu (Dissolution of Partnership) Case

 

More than one person can have rights on a real estate. In this case, disputes may arise between the right holders and the right holders may demand their own shares. In this case, it is necessary to open the case of zale-i Şuyu (dissolution of partnership). As a result of the filing of the said lawsuit, the right holders may receive the compensation for their shares. As a result of the Izale-i Şuyu (dissolution of partnership) lawsuit, right holders can receive their shares in two ways. The first of these is the taxi way. Here, the shareholders must have an agreement, in this case, the immovable is divided equally by the shareholder's share, and the partnership is dissolved.

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The second method is the dissolution of the partnership through sale, which is applied in cases where the shareholders cannot agree. The sale of the real estate is made by the executive directorate and the income obtained is shared with the shareholders. Izale-i Şuyu (dissolution of partnership) lawsuit can be filed by anyone who has a share in the real estate. In some cases, this lawsuit can be brought by all parties. Real estate lawyers have an important role in this case, both in ensuring the agreement and in the course of the case.

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Deed Annulment Case Regarding Expropriation

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The process of transferring the ownership of immovables belonging to individuals to the public for the purpose of public benefit through a unilateral transaction is called expropriation. In order for expropriation to be carried out, first of all, it is necessary to make a decision that it is in the public interest. Expropriation can be made by the administration by filing an action for the annulment of the title deed and registered. During this lawsuit, it is important to protect the legal rights of the person who is the rightful owner of the real estate.

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In order to carry out these cases, it is necessary to know the relevant laws and regulations well. For this reason, the right holder's agreement with an experienced real estate lawyer may provide better protection of their rights. If it is determined that there is no public interest in the expropriation to be made, an administrative lawsuit can be filed with the help of a real estate lawyer. If the expropriation is canceled as a result of the administrative lawsuit, the cancellation of the title deed and the registered lawsuit are also concluded in favor of the rightful owner of the immovable.

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Cancellation and Registration of the Title Deed Given by Cadastre

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Especially in villages or regions that have gained the title of new districts, most of the lands do not have land registry records. The reason for this is that there is no cadastral process in these places. Thanks to the cadastre, unregistered immovable properties can be mapped, recorded and title deed registrations can be made on behalf of the beneficiaries.

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While performing cadastral operations, also known as title deed, erroneous land registry records may be made due to various reasons. These erroneous registrations are usually realized in the form of registering the immovable on behalf of someone else instead of the right owner or not registering the immovable in its actual size. In this case, the real right owner or right holders of the immovable can file a lawsuit for the cancellation of the title deed given by the cadastral process and registered.

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The important point here is that the case should be filed within ten years at the latest, starting from the date of the cadastral process. Otherwise, the case is rejected due to the statute of limitations. It is important to have the necessary documents and witnesses who know the old situation of that region while the case is opened.

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The cancellation and registered lawsuit of the title deed given by the cadastral process is usually a type of lawsuit that takes a long time and requires proof. For this reason, agreement with an experienced real estate lawyer to prevent grievances will positively affect the process and outcome of the case.

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The Case of Shufa

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A preemption lawsuit, also known as a pre-emption right lawsuit, is a type of lawsuit that can be filed by the person who owns the right on the real estate when his share in the real estate is sold by the right owner. The person who owns the right on the immovable has the right to purchase the immovable on equal terms with the person who bought the immovable. In this case, the right owner can cancel the sale by filing a title deed cancellation and registration lawsuit.

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Ownership of a right on the immovable can be from shared ownership or from contracts made with the owner of the immovable. Shufa case must be opened according to the source giving rise to the right of pre-emption. In order for the lawsuit to be opened; The immovable must be joint ownership and a share must have been sold to a third party. Only one of the other stakeholders can bring this case.

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Title Deed Annulment Case arising from Inheritance Law

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One of the immovable cases is the title deed cancellation case arising from the law of inheritance. The aforementioned lawsuit may be filed due to the death of the owner of the immovable and the unlawful division of property of the heirs. Disputes between the heirs can be mentioned here. Any of the heirs may file this lawsuit regarding the alleged collusion or infringement of his share on the immovable. In this case, the right owner who detects unlawfulness can cancel the sale by filing a title deed cancellation and registration lawsuit.