High-Value Property Cases and Real Estate Law Specialist Throughout Turkey

Yes, but conditions apply. Foreign natural persons can purchase real estate in Turkey subject to the reciprocity principle. The reciprocity principle means: If the foreigner's country of citizenship also grants real estate acquisition rights to Turkish citizens, that foreigner can also purchase real estate in Turkey. EU countries, USA, UK, Russia generally satisfy the reciprocity requirement. The Ministry of Foreign Affairs conducts reciprocity research and notifies the title registry office. Additionally, there are limitations on the amount of real estate a foreigner can purchase: maximum 30 hectares (300,000 sqm) per person, maximum 10% of the district area. Real estate cannot be acquired in military restricted zones and security zones. The 50-meter coastal zone distance rule applies. The title transfer process takes approximately 2-4 weeks.

A title cancellation lawsuit is filed when the ownership record in the title registry is unlawful. Sham (fictitious) sales, sales made under duress (threat) or fraud, transactions by legally incompetent persons, forgery in title registry (signature forgery) are grounds for title cancellation. The lawsuit is filed in the cadastral court or civil court where the property is located. When filing a title cancellation lawsuit, a precautionary measure decision must be requested; otherwise, the property can be sold to third parties or mortgaged. Duration: First instance court 1-3 years, expert examination 3-6 months, appeal process +1-2 years, cassation process +1-2 years. Total process is 3-7 years. In high-value properties (e.g., villa worth 5 million TL in Istanbul), parties generally use all legal remedies (appeal, cassation), so processes are prolonged. Regarding statute of limitations: General statute of limitations for title cancellation lawsuit is 10 years, but 5-year statute of limitations applies in fraud cases.

A partition action is filed when one of the co-owners in co-owned property requests division. According to Turkish Civil Code, any co-owner can request partition at any time; other co-owners cannot prevent it. Partition occurs in two ways: (1) Physical division (partition in kind): If property can be divided according to zoning regulations, expert project is prepared and each co-owner receives independent parcel according to their share. For example, if 1000 sqm land is 1/2 shared between two co-owners, each can receive 500 sqm independent parcel. (2) Sale and distribution: If property is indivisible (e.g., apartment unit, small plot), court orders sale. Property is sold at public auction and proceeds distributed among co-owners according to shares. Co-owners can bid first, then third parties. Duration: First instance court 1-3 years, expert valuation 3-6 months, sale/partition transaction 6-12 months, appeal and cassation +1-2 years. Total process is 2-5 years. In high-value properties (e.g., villa worth 10 million TL in Bodrum), valuation process takes longer and parties make more objections.

Testator fraud occurs when a deceased person (testator) transferred property to third parties without actual payment or at very low price during lifetime to harm heirs. Example: Testator transferred villa worth 10 million TL on deathbed (last year) to close relative or third party actually without receiving money shown as "sold for 100,000 TL" in title registry. Or sale price was never paid, only sale shown on paper. In this case, legal heirs (children, spouse) can file title cancellation lawsuit due to testator fraud. Evidence: Testator's bank account movements examined (was sale price received?), electricity-water bills checked (did possession change, did testator continue living in house until death?), witness testimonies collected, testator's last period health condition investigated (did testator have capacity of will?). Statute of limitations: 5-year statute of limitations from testator's death (Turkish Civil Code Art. 565). 1-year preclusive period from learning of fraud. Process: First instance 2-4 years, expert financial analysis 3-6 months, appeal and cassation +2-3 years. Total 4-7 years. If lawsuit won, title cancelled and property returns to estate (inheritance), distributed among heirs.

Preemption right (shuf'a) is the right of co-owners to purchase a share at the same price and conditions when another co-owner sells their share to a third party. Regulated in Turkish Civil Code. Example: Villa worth 10 million TL in Istanbul Bebek is 1/2 shared between two co-owners. One co-owner sold their 1/2 share to third party for 5 million TL. Other co-owner can exercise shuf'a right by applying to court within 3 months of learning of sale saying "I also want to purchase this share by paying the same 5 million TL." Conditions: (1) Property must be in co-ownership status (condominium or simple partnership), (2) One share must be sold to third party, (3) Sale must be notified to co-owner via notary or court, (4) Co-owner must accept purchase at same price with same conditions. Periods: Lawsuit must be filed within 3 months of learning of sale, maximum 2 years from sale date. Right lapses if period expires. Lawsuit process: First instance 6-18 months, cassation +1 year. Total 1-3 years. When court decision finalized, co-owner deposits sale price in court treasury and title transferred. Right lapses if price not deposited.

Real estate attorney fees are determined based on case type, property value, and process complexity. Minimum Attorney Fee Tariff (Turkish Bar Association) determines basic fee framework, but free agreement made in high-value cases. Fee models: (1) Flat fee: Specific amount, e.g., 100,000-300,000 TL for title cancellation lawsuit. (2) Hourly rate: Hourly consultation, generally 5,000-15,000 TL/hour. (3) Success fee: 5-15% of property value obtained. For example, if title cancellation lawsuit worth 10 million TL won, 500,000-1,500,000 TL success fee. (4) Hybrid model: Flat + success fee combination. For example, 200,000 TL flat + 10% of value obtained as success fee. In high-value cases (500,000 USD+ property), success fee models preferred because attorney receives fee based on performance. For foreign title transactions: Consultation fee generally 50,000-150,000 TL (including reciprocity research, document preparation, title follow-up). Fees determined by written attorney contract and disclosed transparently. Case evaluation made at initial consultation and estimated fee information provided. Our office offers special packages for high net worth clients.