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Real Estate Law and Property Disputes in Fethiye & Muğla, Turkey
Real estate law is one of Turkey's most dynamic and complex legal fields. Particularly in regions like Fethiye, Göcek, Dalaman, and Muğla, where foreign investors show intense interest, title deed transactions, sales contracts, and condominium processes must be meticulously managed within the framework of both the Turkish Civil Code and the Law on Acquisition of Real Estate by Foreigners.
Our law office, registered with the Muğla Bar Association (Registration No: 1704), manages real estate purchase-sale processes, title deed cancellation and registration cases, condominium disputes, and expropriation proceedings in Fethiye and Muğla region with 21 years of legal experience in Turkish, English, Russian, and French. For both domestic and foreign clients, we provide comprehensive legal support from property acquisition to title transfer, from dispute resolution to tax consultation.
Our law office, registered with the Muğla Bar Association (Registration No: 1704), manages real estate purchase-sale processes, title deed cancellation and registration cases, condominium disputes, and expropriation proceedings in Fethiye and Muğla region with 21 years of legal experience in Turkish, English, Russian, and French. For both domestic and foreign clients, we provide comprehensive legal support from property acquisition to title transfer, from dispute resolution to tax consultation.
Title Deed Cancellation and Registration Cases
Title deed cancellation and registration cases are among the most critical areas of real estate law. These cases secure the return of improperly or fraudulently registered properties to their rightful owners.
Situations Requiring Title Deed Cancellation:
Situations Requiring Title Deed Cancellation:
- Title transactions conducted with forged documents
- Fraudulent (deceptive) sales contracts
- Abuse of power of attorney
- Cases where the buyer is not acting in good faith
- Errors and incorrect registrations in the land registry
- Filing and pursuing title deed cancellation and registration cases
- Research at Fethiye and Muğla Cadastral Offices
- Obtaining injunction orders (halting sales)
- Possession determination and eviction cases
- Notation procedures on title deed registry
Promissory Sale Agreements and Breaches
A promissory sale agreement is a preliminary contract where one or both parties commit to making a sales contract in the future. It is commonly used in the sale of properties under construction.
Legal Nature of Promissory Sale Agreements:
Legal Nature of Promissory Sale Agreements:
- Must be notarized or signed before two witnesses (otherwise invalid)
- The promising party commits to transfer at the land registry
- In case of breach, a title deed cancellation and registration lawsuit can be filed
- Seller selling the same property to multiple buyers
- Construction not completed on time
- Failure to obtain occupancy permit (iskan)
- Seller's bankruptcy or transfer of property to third parties
- Registration of promissory sale agreement to title deed through registration lawsuit
- Compensation lawsuits arising from contract breach
- Preventing sale of property through injunction
- Alternative dispute resolution (mediation)
Title Deed Procedures and Consultation for Foreigners
Foreign nationals' acquisition of real estate in the Fethiye region is regulated by the Title Deed Law No. 2644 and its Additional Article 2.
Conditions for Foreign Property Acquisition:
Conditions for Foreign Property Acquisition:
- Reciprocity principle (that country's citizens must permit Turkish citizens to purchase property)
- Prohibited in military and security zones
- Total property a foreigner can acquire cannot exceed 30 hectares (approximately 300,000 m²)
- Cannot change land classification (farmland → construction land) in restricted areas
- British, Russian, German, French citizens meet the reciprocity requirement
- Special regulations for foreigners of Turkish origin
- Property acquisition through companies (establishing limited companies)
- Pre-title situation assessment (encumbrance inquiry)
- Preparation and review of sales contracts
- Accompaniment to title deed transfer procedures
- Obtaining tax identification number and tax consultation
- Post-property purchase legal support
Condominium and Condominium Easement Cases
Condominium ownership is when independent sections of a building become separate ownership subjects. In Fethiye, particularly residential complex and apartment disputes are resolved within condominium law.
Establishing Condominium:
Establishing Condominium:
- Approval of building project by municipality
- Establishing condominium easement (during construction)
- Transition to condominium after obtaining occupancy permit
- Use and management of common areas
- Non-payment and collection of dues
- Violations of management plan
- Unauthorized changes to independent sections (balcony enclosure, adding floors)
- Unit owners' objections to general assembly decisions
- Condominium establishment procedures
- Common area lawsuits and usage rights determination
- Dues receivable collection cases
- Management plan preparation and revision
- Cancellation of condominium owners' board decisions
Expropriation Cases and Value Determination
Expropriation is the process by which the state acquires privately owned properties for public benefit in exchange for compensation. Expropriations are frequently conducted in Fethiye and Muğla for highways, hospitals, and other public projects.
Expropriation Process:
Expropriation Process:
- Initial arrangement made to determine property value
- Owner can accept or reject proposed price
- In case of rejection, court establishes "Value Determination Commission"
- Commission determines the true value of the property
- Objection if expropriation compensation is insufficient
- Prevention of rights loss in urgent expropriations
- Claiming value increase due to zoning plan changes
- Lawsuit to cancel expropriation process
- Representation before expropriation value determination commissions
- Review of property valuation reports
- Price increase lawsuits
- Determination of illegality of expropriation process
Real Estate Purchase-Sale Contracts
Real estate purchase-sale contracts are fundamental documents determining parties' rights and obligations. Particularly in high-value transactions, professional preparation of contracts is critically important.
Elements Required in Contract:
Elements Required in Contract:
- Parties' identification information and authorization documents
- Property's title deed information (block, parcel, cadastral plan)
- Sales price and payment schedule
- Delivery date and manner
- Encumbrance status (mortgage, seizure, lease)
- Withdrawal conditions and penalty clauses
- Spousal consent in property sale by married persons
- Property sale by proxy (special authorization requirement)
- Sale of mortgaged properties
- Sale in co-ownership and pre-emption rights
- Preparation of real estate sales contracts
- Contract review and risk analysis
- Title deed research and situation assessment
- Pre-sale legal consultation
- Contract breach and termination lawsuits
Easement Rights and Limited Real Rights
Easement rights are rights established over one property for the benefit of another property. In Fethiye, particularly in rural areas, passage rights for roads, water, electricity frequently become subjects of disputes.
Types of Easement Rights:
Types of Easement Rights:
- Right of way (road rights)
- Water rights (spring, stream, well usage)
- Electricity and infrastructure passage rights
- Cemetery and worship facility rights
- Establishing easement right (by contract or court decision)
- Notation on title deed registry
- Action to prevent interference in case of easement right violation
- Price determination and compensation claims
Real Estate Tax and Fee Consultation
Proper tax planning in real estate transactions provides significant financial advantages.
Basic Taxes:
Basic Taxes:
- Title Deed Fee: 4% of sales price (shared equally by buyer-seller)
- VAT: 1% or 18% on first sales (depending on situation)
- Income Tax: Capital gains tax on sales within 5 years
- Property Tax: Paid annually to municipality
- VAT reduction on first home purchase
- Income tax exemption for properties held longer than 5 years
- Special tax regulations for foreigners
Key Considerations for Foreign Property Buyers
Essential Steps Before Purchase:
- Verify seller's legal ownership and authorization
- Check for encumbrances (mortgages, liens, disputes)
- Confirm property's zoning status and building permits
- Obtain independent property valuation
- Review all contracts with qualified legal counsel
- Unlicensed construction or illegal additions
- Properties in military or restricted zones
- Shared ownership complications
- Unclear boundaries or cadastral disputes
- Tax obligations not disclosed by sellers
- Comprehensive due diligence before purchase
- All legal documents translated and explained
- Title insurance recommendations
- Tax residency and obligation guidance
- Post-purchase property management support
Why Choose Atty. Thomas Andreas Di Constantinople?
- 21 years of legal experience, last 10 years in Fethiye/Muğla region
- Service in 4 languages: Turkish, English, Russian, French
- Specialized consultation for foreign property buyers
- Comprehensive title deed research and situation assessment
- Experienced representation in court proceedings
- Muğla Bar Association Registration 1704 for reliable service
- Deep understanding of international property transactions