An attorney or a real estate attorney is the founding member of the justice who advocates individuals both in administrative and judicial area. The profession of attorneyship is specializing in Turkey based on the practices. The attorneys in Turkey are authorized to follow up any cases or issues. In accordance with the law, he is not obliged to perform his duty in a particular field. However, the practices especially in Turkey make the attorneys to specialize in a specific field. Therefore, in the judicial practices, the lawyers following up the real estate cases are colloquially called as real estate attorneys.
Do the Real estate cases have to be followed by a Real Estate Attorney?
In accordance with the current legislation, it is not obligatory to retain a lawyer for any cases with the exclusion of certain cases that the defendant should be represented by a criminal defense attorney. It is not obligatory to retain a real estate attorney for the real estate cases. The parties may file and follow up a case by themselves. However, the real estate cases have several technical aspects. Even a minor procedural mistake may lead to the dismissal of the case without prejudice. Considering the importance of the real estate cases, following up such cases by a real estate attorney will eliminate the possible mistakes of the parties.
Real Estate Attorney and Certain Real Estate Cases
Possessory Actions and Real Estate Attorneys
Possessory actions are among the cases filed frequently by the real estate attorneys. In order to benefit from the rights on a real estate, you should either own this property or get the permission of its owner. Benefitting from a real estate without the consent of its owner is contrary to the law. In such a case, the owner of the real estate may file a possessory action. The owner of the real estate stops the invasion towards his property through a possessory action. If the real estate is invaded by a person other than the beneficiary of the property, the invader is removed from the property and even an adequate pay may be demanded from the invader. The real estate attorney file a real estate case based on these demands and ensures that the owner of the real estate regains his rights on this property.
Partition Cases and Real Estate Attorney/Lawyer
A partition or elimination of joint ownership case covers the ownership of a real estate more than one person. Shareholders may disagree on the partition of joint ownership. In such a situation, a partition case may be filed to end the joint ownership by the help of a real estate attorney. The real estate attorney reviews the records on deed titles and all shareholders of the real estate are involved in the case. If the real estate can be partitioned in kind at the end of the case on the elimination of joint ownership, the real state is partitioned in kind. If otherwise, the real estate is sold by an enforcement office, the sale price is shared proportionally among the shareholders.
Annulment of Title Deeds Cases and Real Estate Attorney/Lawyer
An annulment of title deed case may be filed on several grounds. The *real estate attorney* defines the issue leading to the annulment of title deed and later files a claim. The types of the annulment of title deed case to be filed by a real estate attorney are as follows:
Annulment of Title Deeds Case for Expropriation and Real Estate Attorney/Lawyer
Expropriation is transferring the ownership of a real estate owned by an individual to the public benefit based on a unilateral administrative procedure. The administration may expropriate any real estate owned by an individual upon a decision on public benefit. The administration should file an annulment and registration of title deed case against the proprietor before judicial authorities in order to complete the process of expropriation. In such a case, the real estate attorney defends the rights of the proprietor who is the respondent party. If the expropriation decision of the administration is groundless, a case may be filed before the administrative justice against this procedure. The result of the case filed to deny the expropriation decision before the administrative justice will affect the annulment and registration of title deed case. When the expropriation decision is denied, the annulment and registration of title deed case will result in favor of the proprietor, who is the respondent. The real estate attorney follows up these phases and ensure that the case be finalized in favor of the proprietor.
Annulment of Title Deed Granted by the Cadastral System and Real Estate Attorney/Lawyer
Cadastre is a state- driven process including the registration of lands in a specific location; identifying features of the lands in the maps and records and registration of the proprietors in the land registers. While conducting cadastral (land registration) activities on lands, the dimensions and borders of a land as well as its beneficiary may be mistaken. A real estate attorney reviews the land registers and cadastral records and opens an annulment and registration of title deed case if a loss of proprietor’s rights is in question. If the period to raise an objection against the cadastral action has been lapsed, certain foreclosures are available. For instance, there is a 10 years of foreclosure as of the cadastral action in order to make a claim for the previous term prior to cadastrate. A real estate attorney first consider the issue of foreclosure before filing an annulment and registration of title deed case for a real estate registered in the name of someone else or whose borders have been drawn erroneously. Since cadastral cases last for a long time, the parties should be represented by a real estate attorney.
Promise to Sell Real Estate and Real Estate Attorney/Lawyer
Promise to sell real estate may be based on several reasons in practice. The most common preliminary contract for sale of real estate is on a promise to sell real estate in accordance with a construction contract on flat for land. A construction contract on flat for land is one of the bilateral agreements prevailing for a long period and including rights and obligations for the parties. In such contracts, the proprietor promises to sell a part of his real estate to the contractor if a building is contracted on his land in accordance with the relevant contract. These contracts should be drafted by the help of a real estate attorney. Legal assistance of the real estate attorney should be requested from the signature of the contract to its execution. Thus, the rights of the parties on the real estate can be clarified without any hesitance.
Pre-emption Case and Real Estate Attorney/Lawyer
A pre-emptive right or first option to buy is the right granting the beneficiary to buy the real estate under the same conditions applicable to the third persons if the real estate is sold to third persons by the beneficiary. If the conditions for a pre-emptive right are applicable, an annulment and registration of title deed case may be filed by the real estate attorney. A pre-emption case may arise from a contract or being the shareholder in a joint ownership. Based on the grounds for a pre-emptive right, the real estate attorney decides on the outline of the case.
Real Estate Attorney and Annulment of Title Deeds Case Based on Inheritance Law
In the event of the death of a proprietor, several disputes may arise based on inheritance law. For instance, one of the heirs may allege that his reserved portions are encroached or there exists a wash sale. Considering the specific norms of the inheritance law, a real estate attorney may file an annulment of title deeds case for the beneficiary. Since such cases last for a long time due to the high number of the parties, filing a case by the help of a real estate attorney may reduce the process of proceedings.
______________________________________________________________________________________________________________________________________
Istanbul - Turkey Lawyer Baran Dogan