Title deed cancellation and registration
Claims of collusive transfer by the deceased, legal incapacity, abuse of authority under a power of attorney and improper registration.
Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
Practice Area · 08
Real Estate Law
Title deed cancellation and registration, construction in return for flats, expropriation, dissolution of joint ownership and tenancy disputes.
Last updated: · UTU Hukuk & Danışmanlık
In real estate disputes the title record is not a conclusion but a starting point. Decisions taken without examining the legal cause behind the record, allegations of collusion, annotations and the zoning status are often irreversible.
UTU Hukuk & Danışmanlık handles legal due diligence in property purchase and sale, the drafting of construction contracts in return for flats and disputes with contractors, actions for cancellation of title and registration, and expropriation files.
Real estate law representation is particularly decisive for owners' rights in urban transformation and risky building processes.
Scope
Which Real Estate Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Real Estate Law on the following matters: Title deed cancellation and registration, Construction in return for flats, Expropriation, Dissolution of joint ownership, Tenancy disputes, Urban transformation and Zoning and permits. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Construction in return for flats
Drafting of the contract, disputes over delay and defects, and claims for withdrawal from the contract and cancellation of title.
Expropriation
Actions for determination of expropriation compensation and registration, de facto expropriation without process, and urgent expropriation procedures.
Dissolution of joint ownership
Division among co-owners in kind or by sale, and actions concerning the right of pre-emption.
Tenancy disputes
Eviction actions, determination and adaptation of rent, and the special provisions applying to commercial leases.
Urban transformation
Objections to risky building determinations, two-thirds majority resolutions and protection of owners' rights.
Zoning and permits
Annulment actions against zoning plan amendments, and disputes over building permits and occupancy permits.
Authorities
Which authorities hear Real Estate Law cases?
Depending on their nature, Real Estate Law cases are handled before Civil Court of First Instance, Civil Court of Peace, Administrative Court, Land Registry Directorate and Regional Court of Appeal. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Civil Court of First Instance
- Civil Court of Peace
- Administrative Court
- Land Registry Directorate
- Regional Court of Appeal
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Real Estate Law — frequently asked questions
The delivery date, the penalty for delay and the withdrawal provisions in the contract are examined. Depending on the circumstances, specific performance, damages for delay, or withdrawal from the contract together with cancellation of title is chosen.
This action is not subject to any preclusive period or limitation period; it may be brought for as long as the status of heir continues. However, waiting weakens the file because evidence is lost over time.
In the action for determination of compensation, the market value is established through a site inspection and expert examination. An objection may be raised against the report and a report from a new panel requested.
Grounds listed in the law may be relied upon, such as eviction for personal need, reconstruction and development, two justified warnings, and an undertaking to vacate. Each ground is subject to different periods and procedures.
Yes. A pre-purchase risk review is carried out on the title record, annotations, zoning status, occupancy permit and, where applicable, the documents establishing construction servitude.
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Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
11Inheritance LawDisputes concerning the reserved portion, abatement, collusive transfer by the deceased, renunciation of inheritance and division of the estate…View 05Tax and Administrative LawObjections to tax penalty notices, settlement negotiations, annulment and full remedy actions, and administrative sanct…View 10Enforcement and Insolvency LawFrom pursuing a debt to recovering it; conduct of actions to set aside objections, negative declaratory relief, title claims and insolvency…View
Our Publications
Our articles on Real Estate Law
Unlawful Construction
Unlawful construction is regulated in Articles 722-724 of the Turkish Civil Code No. 4721. This…
17 min readContractual Right of Pre-emption
Although it follows the statutory right of pre-emption in Article 735 of the Turkish Civil Code, in the provision of the article the statutory pre-emption…
9 min readConditions and Exceptions to the Exclusion-from-Use Requirement in Ecrimisil Claims by Joint Owners and Co-Owners
Where movable and immovable property is held in joint ownership or co-ownership, its use gives rise to considerable problems among the co-owners…
6 min readWhat Is the Statutory Right of Pre-emption?
1. What Is the Statutory Right of Pre-emption? The statutory right of pre-emption arises in respect of an immovable held in co-ownership. The statutory pre-emption…
6 min readTitle Deed Cancellation and Registration
TAPU İPTALİ VE TESCİL DAVASI  1- Tapu İptali ve Tescil Davası Nedir? Tapu kaydının hukuka aykırı…
6 min readPetition for Release from Detention Due to Coronavirus (COVID-19)
To Be Forwarded to the …th CRIMINAL CHAMBER OF THE COURT OF CASSATION — TO THE ANKARA REGIONAL COURT OF APPEAL … CRIMINAL CHAMBER, FILE…
5 min readLet us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.