An undertaking to vacate is a document in which the tenant assumes in writing the obligation to vacate the immovable property on a specified date. We examine the conditions for the validity of the document and set out a sample text.
In unregistered properties, or those whose owner cannot be ascertained from the register, long-sustained factual control confers ownership once the conditions required by law come together. We examine the conditions of extraordinary acquisitive prescription, the regime of possession, the calculation of the period and the conduct of the registration action.
Foreign nationals may acquire immovable property in Türkiye, but the right is restricted by region, surface area and nationality. We examine the restrictions under Land Registry Act, Art. 35, the stages of the purchase process, the special regime applicable to companies and citizenship investments.
Making an immovable property with no way out to a public road usable often depends on the courts creating a right of passage over neighbouring parcels. We examine the conditions for a right of way, the criteria for fixing the route, the determination of the compensation and the effects of registration in the land registry.
The disposal by public auction of the land share of an owner who did not join the decision is not an irreversible measure. We address, from a practical standpoint, the grounds, the time limit and the consequences of an action for annulment founded on defects at the majority, notification, price and auction stages.
Expropriation disputes are usually fought over compensation, yet the act itself is equally open to review by the administrative courts. We examine the grounds of an action for annulment, the defects that render the act invalid, the 30-day time limit and the stay of execution.
Where the co-owners cannot bring their collective ownership of a property to an end between themselves, the action for the dissolution of co-ownership comes into play. We examine, in practical terms, the conditions of the action, the choice between partition in kind and sale, disputes as to improvements and the auction process.
Where an immovable property is entered without permission, its boundary crossed or its use restricted in fact, the principal avenue open to the holder of the right is an action for the prevention of interference. We examine the action’s character in rem, the conditions required, standing and the conduct of the proceedings from a practical standpoint.
A tenant’s allowing another person to use the leased property does not change the party to the lease relationship, but it depends on the landlord’s written consent. We examine the conditions of a sub-lease, how it differs from assignment of the agreement, the allocation of liability, and the consequences of allowing use without permission.
An entry in the land registry does not of itself show that the legal relationship behind it is valid. We examine, from a practitioner’s perspective, the grounds, parties, time regime and consequences of the action brought to delete a registration that came into being unlawfully and to restore the property to its true right holder.
The contract signed during a transformation process draws from the outset the framework of the right an owner will obtain in the new building. Where it carries a serious imbalance in the contractor’s favour, the provisions on unfair terms and unfair exploitation come into play; we examine the conditions for an action for annulment, its time limits and the conduct of the proceedings.
The management plan binds the unit owners, yet it remains open to judicial review to the extent that it carries provisions contrary to law. We examine, from a practitioner’s perspective, the conditions required for the annulment of such arrangements, against whom standing is to be asserted, the regime of time limits, and the consequences the decision produces.
Where the owner lacked capacity of discernment at the moment the immovable was transferred, the transaction is invalid from the outset. We examine when a plea of incapacity succeeds, the parties to the action, the rules of proof and the decisions the court may give.
Where the entry appearing in the register is devoid of a legal foundation, ownership is not validly acquired. We examine the conditions, parties and regime of proof of the action for annulment of title deed and registration founded on wrongful registration, together with the problem of the good-faith third party.
Even where a transfer of immovable property made under a power of attorney appears sound in point of form, the transaction enjoys no legal protection if the agent used his authority to the detriment of the principal. We examine the bases, parties, means of proof and consequences of this action.
Transfers of immovable property that rest on no true intention create a deep disconnection between the entry appearing in the registry and the legal reality. We address the bases of the action for annulment and registration in title deed transactions founded on forgery, its parties, the regime of time limits and the problem of proof.
Adjusting the rent, the conditions of use or other terms while a lease is running is a common need. We examine, around Article 343 of the Turkish Code of Obligations, the limits within which such adjustments are valid, the fate of clauses operating against the tenant, and the practical consequences of invalidity.
A tenant handing over its position under the contract to another person is a change of party conditional on the written consent of the landlord. We examine the conditions of assignment, the difference in regime between residential leases and leases of business premises, the consequences of assignment without consent, and the continuing liability of the assigning tenant.
Registering an immovable temporarily in another person’s name on the basis of trust separates what the land registry shows from what the parties actually intended. We examine the regime of proof, the parties, the limitation dimension and the outcomes of the action for annulment of title deed and registration brought where the obligation to return is not performed.
Where a construction company fails to transfer the title deed even though the price has been paid in full, the entitled party is driven to the courts. In this briefing note we examine the basis of an action for the annulment of the title deed and registration against a developer, the debate over validity, the court with subject-matter jurisdiction and the applicable time limits.
Water seeping from the floor above, or a fire beginning in one independent unit, is often not merely a technical failure but a legal dispute over who is to be held liable. We examine how liability for losses arising from the neighbourly relationship is distributed among the owner, the tenant and the unit owners, the role of insurance, and the conduct of an action for damages.
The use of immovable property contrary to the will of the person entitled to it calls for compensation of its use value. We examine in detail the conditions on which an ecrimisil claim rests, the standing of the parties, how the amount is determined, the five-year limitation period and the course of the proceedings.
The construction servitude is the institution that makes a flat in an unfinished building legally saleable; that right, however, confers no full ownership and does not turn into condominium ownership until an occupancy permit has been obtained. We examine the conditions for its establishment, the powers and obligations of the holders of the right, the transition process and the differences between the two regimes.
A promise to sell drawn up before a notary does not take the place of the transfer of title; it gives the buyer only the right to demand that transfer. We examine the formal requirements of the contract, the protection afforded by the land registry annotation, the obligations of the parties, the limitation period and the actions that may be brought.
A single spelling or identity error in the register can lock every transaction affecting the property. We examine which inaccuracies the land registry directorate may remedy itself, which require a court decision, and how the correction action proceeds.
Where the administration takes possession of a property without operating the expropriation procedure, the owner is left with claims for damages, for compensation for unjust occupation and for the prevention of interference. We address the whole of the process in practical terms, from the distinction between physical and legal interference to the calculation of damages, and from the regime of court fees to attorney’s fees.
The declaration of a district as a risky area by a decision of the President changes the legal position of the property owners there fundamentally. We examine the stages that follow the declaration — planning, valuation, decision-making, eviction and demolition — from the perspective of the owners’ rights.
The failure to complete the new building on the agreed date does not in every case give rise to the contractor’s liability in damages. We examine the conditions under which delay damages may be claimed, the cases in which such a claim will go unanswered, and the calculation and litigation framework from the standpoint of practice.
A bankruptcy decision against the tenant does not bring the lease relationship to an end of its own accord. Article 332 of the Turkish Code of Obligations No. 6098 affords the landlord the possibility of first demanding security and, if none is provided, of terminating the agreement and seeking to have the leased property vacated. We examine the steps of the process from a practical standpoint.
Where no settlement is reached, the administration is obliged to bring an action for the determination of compensation and registration. We examine its preconditions, the criteria by which the compensation is fixed, the position of the parties, the litigation timetable and the available appeals from a practical perspective.
Where a property carries a structure suitable for the creation of independent units, co-ownership may be brought to an end by establishing condominium ownership rather than by public auction. We examine the conditions required for this method, the stages of technical preparation, the conduct of the proceedings and the consequences it produces.
Where a tenant who persistently pays the rent late has been served two justified notices within the same lease year, the landlord may bring an eviction action within a one-month preclusive period. We examine the conditions, the valid notice methods, the calculation of the periods and the burden of proof from a practitioner’s perspective.
A tenant’s written undertaking to vacate the leased property on a specified date affords the landlord a special means of bringing the lease to an end. To use it, the undertaking must satisfy the conditions of validity and the one-month preclusive period must not be missed.
Where a tenant uses the property in breach of the lease agreement, or behaves in a way that destroys the peace of the building, the landlord may terminate and seek eviction. We examine the notice requirement, the conduct treated as a breach, the means of proof and the enforcement of the eviction judgment under Art. 316 of the Turkish Code of Obligations No. 6098.
A housing or business need arising for the landlord or the landlord’s close family is one of the statutory grounds that bring a lease relationship to an end. We examine the conditions required for the claim to be entertained, the preclusive periods, the means of proof and the limit imposed on re-letting the property after eviction.
Where the rent goes unpaid, the landlord may both recover the sums due and secure the vacation of the leased property through a single set of proceedings. We address every stage of the process, from the drawing up of the payment order to forcible eviction, together with the applicable time limits and the course to be followed according to the type of objection raised.
Extraordinary developments arising after a contract is concluded may severely upset the balance of a lease relationship. In this briefing note we examine the conditions of an adaptation claim under Art. 138 of the Turkish Code of Obligations, the criteria the court will review, and the procedural regime.
Expropriation is one of the gravest interferences directed at the right of property and is bound by strict rules of procedure. We examine the constitutional foundations of the institution, its conditions of validity, the stages of the process, the method by which the price is determined and the legal remedies open to owners.
Removing a tenant from the leased property depends not on the owner’s preference but on the existence of a ground listed in the statute. We consider together the grounds for eviction, how the action proceeds, the procedural errors most often made in practice, and the questions most frequently asked.
A lease agreement is formed by the agreement of the parties; yet most disputes arise not from its formation but from a poorly drafted text. We examine the validity conditions, the limits of freedom of form, the elements the agreement must contain and the checks to be carried out before signature.
Where a transformation decision has been taken by a majority of land shares, the share of an owner who does not join it may be disposed of by public auction once the stages laid down in the Act have been completed. We examine the process from notification to valuation, and from the auction to registration in the name of the Treasury, together with the legal remedies available to owners.
In long-running lease relationships the rent frequently falls behind the market. We examine the conditions for a rent determination action under Art. 344 of the Turkish Code of Obligations, the calculation of the five-year threshold, the criteria applied in fixing the rent and the course of the proceedings.
Assembly decisions taken in apartment buildings and housing estates are binding; decisions contrary to procedure, to the Act or to the management plan may nonetheless be reviewed before the courts. We examine the grounds of annulment, the capacity to bring an action, the preclusive periods and the procedure, with an eye to practice.
Where the moment at which the property changes hands is not put into writing, arguments over damage, missing fixtures and the date of handover become unavoidable. We examine the legal function of the key handover record, when it should be drawn up, a model text, and the procedure for handover through a notary public.
Where the lease relationship becomes unbearable for one of the parties, the agreement may be brought to an end before its term expires. We examine, from a practical standpoint, the criteria for a compelling reason under Art. 331 of the Turkish Code of Obligations No. 6098, the procedure for termination, the compensation regime and the conduct of the eviction action.
Where the administration renders property unusable through plan decisions alone, without physically entering the land, this is characterised as legal interference. We address the limits of the concept, the conditions for a claim for damages and the procedure to be followed, from a practitioner’s perspective.
In the great majority of disputes arising from a lease relationship, an application to a mediator is required before going to court. We examine, with a practitioner’s eye, which claims are subject to this requirement, how the process is conducted and the consequences of procedural non-compliance.
A request to end co-ownership or joint ownership can no longer be taken straight to court. We examine, through the lens of practice, who conducts the mediation stage, where and within what time limit it is conducted, and the consequences that follow where agreement is reached and where it is not.
Where the person appearing as owner in the land registry has possessed the immovable in good faith and without interruption for ten years, ownership becomes final by operation of law. We examine, from a practical standpoint, the conditions and consequences of this route to acquisition under Turkish Civil Code Art. 712.
When the administration expropriates only the portion of an immovable it requires, the part left in the owner’s hands frequently cannot preserve its former value. We address the circumstances in which the diminution in the remaining portion is compensated, the method of calculation and the preclusive period to which the claim is subject.
From a cupboard placed in the corridor to a room added in the roof space, a great many practices infringe the right of co-ownership in shares over the common areas. We examine the extent of the common area, which uses are regarded as unlawful, and how the action for prevention of interference operates.
In transfers of immovable property made in return for a promise of care, the dispute most often surfaces only after the title deed has changed hands. We examine the grounds of invalidity, the parties, the applicable time limits and the conduct of the proceedings in claims for annulment of title deed and registration founded on a maintenance contract.
When the contract comes to an end, the transfer of the land share to the contractor loses its legal ground and the entry in the registry becomes unlawful. We examine the conditions, parties, time limits and outcomes of the action for annulment of title deed and registration brought to recover those shares after termination.
Where the land shares allocated to independent units do not correspond to their true values, the ratios entered on the land registry may be corrected through the courts. We examine the conditions of the action, its parties, the regime of time limits and the importance of preserving evidence during urban transformation.
A person whose immovable property has been physically encroached upon may apply to the provincial or district governorship for the interference to be removed, without waiting for court proceedings. We examine the conditions for the application of Act No. 3091, the application process, the decisions given and the actions that may be brought against them.
A condominium owner wishing to make changes in its own flat moves between the freedom conferred by the right of ownership and the limits protecting the main structure and the neighbours. We examine which works may be carried out without consent, which depend on a majority decision, and the liabilities to which unauthorised renovation gives rise.
In disputes over the rent, the choice of action often decides the outcome. We compare the bases, the fields of application and the risks of a wrong choice as between the determination action under Art. 344 and the adaptation action under Art. 138 of the Turkish Code of Obligations.
We examine the possibilities of restitution and compensation where areas surrendered to a municipality without consideration during zoning implementation are not used in a public service or where their purpose changes through an amendment to the plan; together with the limits of the rule in Art. 35 of the Expropriation Act and the actions that may be brought.
The deposit is not income the landlord may dispose of freely, but a security given for a limited purpose. We examine the conditions in which the deposit must be returned once the lease relationship ends, the items that may be set off against it, and the legal avenues available where it is not returned.
In lease relationships concluded between persons resident in Türkiye, agreeing the rent in a foreign currency or indexed to an exchange rate is, as a rule, prohibited. We examine the limits of the prohibition, the exceptions listed in the legislation and the private-law and administrative-sanction dimensions of a breach.
Whether an item of expenditure belongs to the tenant or to the owner is determined not by the name given to it but by its nature. We address the line between ordinary operating expenses and extensive repair costs, the management’s enforcement options and the relationship of recourse.
Whatever rate the contract may specify, the increase in the rent is limited by the ceiling drawn by the law. We examine the consumer price index criterion, the different regime of determination that comes into play in lease relationships which have completed five years, and the effect of timing on the outcome of a rent determination action.
While the tax on rental income from a residence is as a rule declared by the property owner, in leases of commercial premises the task of withholding and paying the tax over to the authority is left to the tenant. We address the practical consequences of that distinction, the conditions governing the exemption and the uncertainties that arise most often.
How is the contract brought to an end when the contractor abandons the work in a transformation project? We examine the conditions required for termination under Act No. 6306, the administrative procedure before the Presidency of Urban Transformation and the financial consequences termination produces for the parties.
The legal winding up of an unfinished construction does not end when the contract is brought to an end; the real argument turns on who is left holding the title deeds and how the loss is to be shared. We examine the grounds for termination, the distinction between retroactive and prospective effect, the fate of advance title deeds and the practice of the courts.
Where the leased property must be demolished and rebuilt or substantially repaired, the lease agreement may be brought to an end provided that the property cannot be used for the duration of the works. We examine the limits of this ground of eviction, the means of proof, the time limits and the obligations arising after eviction.
In leases of residential and roofed workplace property, a power to terminate without showing cause arises for the landlord once the extension years complete ten years. We examine the moment this power arises, the three-month notice requirement, the subtleties of calculating the period, and the conduct of the eviction action.
Which person owns a building, facility or planting subsequently created on immovable property often becomes contentious at the stage of dissolving co-ownership. We examine the conditions of the action for the determination of ownership, its parties, the regime of proof and its effect on the sale proceeds.
In the management of apartment buildings and housing estates, binding decisions are born in the assembly of condominium owners; yet a single shortcoming in the notice procedure can render those decisions invalid. We examine how the assembly convenes, the quorums, the limits of representation by proxy and the enforcement of decisions.
Where the party who has assumed the obligation to transfer an immovable refrains from carrying out the transaction at the land registry, a court judgment takes the place of the intention to transfer. We consider, through the lens of practice, the relationships from which the action to compel registration arises, the conditions required, its parties, the limitation period and the course of the proceedings.
Condominium ownership, which organises individual ownership of an independent section together with co-ownership in shares of the common areas, is a special right in rem arising upon registration. We address the conditions for creating the regime, its elements, the rights and obligations of owners, the management structure and the ways in which it comes to an end.
This contract model brings together, at the same table, the owner who wishes to realise the value of their land without laying out cash and the contractor who wishes to share the financing burden, uniting the transfer of an immovable and the creation of a work in a single relationship. We examine, through the lens of practice, the nature of the contract, the mandatory form, the parties’ obligations and the types of dispute to which it gives rise.
Penalty clause provisions inserted into lease agreements produce no effect as a rule, even where the parties have signed them. We examine the stipulations regarded as invalid under Article 346 of the Turkish Code of Obligations, how they differ from default interest, and the practical consequences of invalidity.
In urban transformation the validity of a decision turns not on how many owners have signed but on the land share ratio those signatures represent. We examine the start of the decision-making process, the requirement of a written expression of will, the calculation of the absolute majority and the position of owners who do not join the decision.
The transformation decision taken in a risky structure does not always reflect the common will of all the owners. We examine, from a practical perspective, the means of recourse a dissenting owner may use against the decision of the meeting, against the contractor’s contract and against the sale of the land share.
In a building that has acquired risky structure status, transformation is a chain made up of the links of determination, service, objection, decision-making, evacuation, demolition and reconstruction. Each stage has its own time limits and its own risks of a loss of rights.
The vacating of the leased property by the tenant may rest only on the grounds enumerated in the statute. We address why eviction clauses added to the agreement mostly produce no effect, the mandatory character of Art. 354 of the Turkish Code of Obligations No. 6098 and its consequences in the proceedings.
The management plan, which frames communal life in apartment buildings and housing estates, is a contract tied to the land registry and binding on every unit owner. We examine its legal nature, how it is drawn up, the majority required to amend it, and the conditions for an action for annulment.
A change in ownership of the leased property allows the new owner, once the conditions are met, to bring the lease relationship to an end. In this briefing note we address the conditions of the eviction claim under Art. 351 of the Turkish Code of Obligations, the one-month notice period and the six-month period for bringing an action, the conduct of the proceedings and the restriction on reletting.
Can the conclusion or the continuation of a lease relationship be made conditional upon the tenant undertaking an obligation unconnected with the use of the leased property? We address the additional arrangements treated as invalid under Article 340 of the Turkish Code of Obligations, the protocols that may remain valid, and the consequences of a breach of the prohibition.
Before the litigation stage is reached in an expropriation, the administration is required by law to attempt agreement with the owner. We examine the operation of the purchase procedure through all its stages, from valuation to the record of settlement and payment, including the judicial route to be followed where no agreement is reached.
Where one of the co-owners sells their share to an outsider, the other co-owners are afforded the opportunity to acquire that share on the same conditions. We address the transfers on which this entitlement arises, the way the preclusive periods are calculated, the deposit of the price and the outcomes of the action.
Classifying a building as a risky structure produces an administrative result that directly affects the owners’ property rights. We examine who may have the determination made, the content of the report, the land registry annotation, the rules on service, and the periods for objection and for bringing an action.
The security deposit taken in leases of residential and roofed commercial premises is not income the landlord may use freely; it is a security whose limit, manner of safekeeping and return are framed by statute. We examine the ceiling on the deposit, the blocking regime, the scope for set-off and the routes to follow where it is not returned.
A person holding a title deed allocation certificate is not regarded as the owner of the property; the certificate creates only a right of use and the prospect of seeking registration later. We examine the legal nature of the certificate, its transfer, its devolution to heirs and the conditions required for conversion into title.
Letting business premises “by transfer” usually means passing the lease relationship on to a third party, and it depends on the landlord’s written consent. We examine the conditions of the transfer, the route to follow where consent is withheld without justification, the liability of the transferring tenant and the difference from a sublease.
In 2B immovables, which have been removed from the forest regime while ownership remains with the Treasury, the status of user is distinct from that of owner. We examine, from a practical perspective, the informal transfer of entitlement, its passage to the heirs on death and the effect of these transactions on the process of conversion to a title deed.
How is a property with no entry in the register transferred, what are the consequences of an informal sale, by what means is possession protected, and on what conditions may ownership be acquired through acquisitive prescription? We examine these questions together with the disputes seen in practice.
In a construction relationship in return for land shares, the stage at which the title deed is transferred, and the extent of that transfer, directly determine the risk each party assumes. We examine the advance title deed practice, the staged transfer system, the limits of the powers of attorney given to the contractor, and the types of action arising from the transfer of title.
We address the urgent expropriation procedure, under which the administration may begin using an immovable property before completing the ordinary expropriation steps: its statutory basis, the nature of the provisional compensation determined by the court, the effect of taking possession on ownership and the legal remedies open to the owner.
Usufruct, which confers the powers of use and enjoyment on one person while the bare ownership remains with another, is an instrument frequently used in transfers within the family and in estate planning. We address how the right is created, its scope, the obligations it imposes on the parties and the grounds on which it comes to an end.
Vacating the leased property before its time does not make the tenant liable for the whole of the remaining term. We examine the limitation of that liability to a reasonable period, how that period is determined, how the compensation is calculated and the procedure by which the claim is asserted.
The administration cannot withdraw a title deed allocation certificate it has once issued in every circumstance. We examine, from a practitioner’s standpoint, the grounds on which the certificate may be revoked, the consequences of removing entitlement, and how the action for annulment before the administrative courts proceeds.
