Adana Real Estate Lawyer

What cases does a real estate lawyer in Adana handle?

A real estate lawyer in Adana conducts litigation and advisory work in disputes concerning determination of rent and eviction, cancellation of title deeds and registration, promises to sell, prevention of interference and compensation for unauthorised occupation, action for partition, pre-emption, condominium ownership and construction in exchange for flats. The legal basis is mostly found in the provisions of the Turkish Civil Code (TMK), the Turkish Code of Obligations (TBK), the Condominium Ownership Law (KMK) and the Land Registry Law.

In real estate disputes, the first step is to determine which legal relationship the dispute arises from: a lease agreement, the right of ownership, co-ownership in shares, condominium ownership or the contract for work between the contractor and the landowner. This distinction determines the competent court, whether applying to a mediator before filing a lawsuit is mandatory, and which time limits must be observed. These three points are also where the first questions lie for anyone looking for a property lawyer or real estate lawyers in Adana. In files concerning immovable property in Adana, YBS Hukuk Bürosu examines the title deed record, the contract and the correspondence of formal notices together and builds the course of action on the basis of this distinction.

Which disputes does real estate law cover?

Real estate law covers all disputes concerning the use, transfer, division and protection of immovable property; the main subjects we work on as a real estate law office in Adana are listed below.

• Rent disputes: action for determination of rent (kira tespit davası), the rate of rent increase, eviction actions, default of the tenant, undertaking to vacate (tahliye taahhüdü) and rent receivables.
• Title deed disputes: action for cancellation of title and registration (tapu iptal ve tescil davası), promise to sell contract (satış vaadi sözleşmesi), informal sale made outside the land registry (harici satış) and transfer of title deeds.
• Protection of ownership: action for prevention of interference (elatmanın önlenmesi, also known as müdahalenin meni), action for recovery of property (istihkak) and compensation for unauthorised occupation (ecrimisil).
• Co-ownership in shares: action for partition (ortaklığın giderilmesi, also known as izale-i şuyu) and the right of pre-emption (önalım, also known as şufa).
• Condominium ownership: annulment of resolutions of the board of condominium owners (kat malikleri kurulu), and disputes over the management of apartment buildings and housing complexes.
• Construction: construction contracts in exchange for flats (kat karşılığı inşaat sözleşmesi, under which the landowner transfers shares in the land to the contractor in return for the construction of the building) and disputes with contractors.
• Sale of real estate to foreigners and the title deed transactions of foreign buyers.

A significant number of clients looking for a property law office in Adana come to us about expropriation, a zoning plan or inherited immovable property. Some of these subjects fall within administrative law and some within inheritance law; the relevant sections below indicate which route is to be followed and on which of our pages it is explained in detail.

Rent lawyer in Adana: determination of rent, eviction and rent receivables

Rent disputes are disagreements between the lessor and the tenant over the rent, the vacating of the leased property and rent receivables; they are resolved under the provisions of the Turkish Code of Obligations on leases of residential and roofed business premises.

As a rent lawyer in Adana, the files we most frequently encounter concern the determination of rent, eviction and unpaid rent. In these disputes, applying to a mediator before filing a lawsuit is a precondition for the action; only the eviction of leased immovable property through enforcement without an enforceable judgment (ilamsız icra) falls outside this requirement. In actions arising from a lease relationship, the competent court is the Civil Court of Peace regardless of the value of the claim (Code of Civil Procedure, HMK, Art. 4). When choosing rent lawyers or a rent law office in Adana, whether the contract is in writing, the start date of the lease and the dates of the formal notices served are the documents to bring to the first meeting.

Action for determination of rent and the rate of rent increase

The rate of rent increase in a renewed lease period may not exceed the rate of change in the twelve-month average of the consumer price index for the previous lease year; even if the parties agree on a higher increase, the agreement is valid only up to this limit (TBK Art. 344). If the parties have not agreed on an increase, the judge determines the rent in accordance with equity, taking into account the condition of the leased property, provided that the same limit is not exceeded. In contracts with a term of more than five years or renewed after five years, and at the end of every subsequent five years, the judge determines the new rent by assessing together the change in the index, the condition of the leased property and comparable rents. An action for determination of rent may be filed at any time; however, if it is filed at the latest thirty days before the start of the new period, or if the lessor notifies the tenant in writing within this period that the rent will be increased and files the action by the end of the new lease period, the rent determined by the court binds the tenant from the start of the new period; if the contract contains a provision that the rent will be increased in the new period, the amount determined in an action filed by the end of the new period also applies from the start of that period (TBK Art. 345). For this reason, research into comparable rents is at the centre of the case in the files we handle as a rent determination lawyer or rent increase lawyer in Adana.

In its decision dated 04.04.2018, E. 2018/1369, K. 2018/3478, the 3rd Civil Chamber of the Court of Cassation assessed as follows the period within which an action for determination may be filed in a lease containing a contractual increase clause:

On these grounds, the Chamber corrected and upheld the judgment of the first instance court, which had applied the new rent only from the following period.

In its decision dated 04.07.2019, E. 2017/8181, K. 2019/6293, the 3rd Civil Chamber of the Court of Cassation stated as follows that the tenant may also file an action for determination of rent:

The Chamber reversed, in favour of the claimant tenant, the decision dismissing the action for determination filed by the tenant. In that decision, the rent increase was calculated on the basis of the wording on the index in force at the time of the events; today's criterion for increases is set out in the text of TBK Art. 344 below.

Eviction actions

In leases of residences and roofed business premises, the lessor cannot terminate a fixed-term contract merely because its term has expired; unless the tenant gives notice fifteen days in advance, the contract is deemed extended for one year, and the lessor may terminate it without stating a reason only at the end of the ten-year extension period, provided that notice is given at least three months before the end of each extension year following that period (TBK Art. 347). Eviction therefore requires one of the grounds listed in the law. These grounds include the need of the lessor, or of the lessor's spouse, descendants, ascendants or persons whom the lessor is obliged to maintain, for a residence or business premises, and the need for major repairs for reconstruction or redevelopment where use of the leased property is impossible during the works; in these cases, the action is filed within one month starting from the end of the term in a fixed-term contract or, in an indefinite-term contract, from the date to be determined in accordance with the termination periods and notice periods under the general provisions (TBK Art. 350). Where the tenant, or the spouse living with the tenant, owns a residence suitable for living in within the same district or municipal boundary, an eviction action may also be filed within one month starting from the end of the contract, if the lessor did not know this when the contract was concluded (TBK Art. 352). For those looking for an eviction lawyer or a tenant eviction lawyer in Adana, the critical point is not to miss this one-month period.

Enforcement routes, such as requesting eviction by submitting the contract to the enforcement office when its term expires, are explained separately on our Adana enforcement lawyer page.

Default of the tenant, two justified notices and the undertaking to vacate

In leases of residences and roofed business premises, a tenant who does not pay the rent may be given a written period of at least thirty days and notified that the contract will be terminated if payment is not made within that period; the period starts to run on the day following the date on which the written notice is served (TBK Art. 315). Where, in contracts of one year or longer, within one lease year, or in shorter contracts, within the lease term, the tenant has caused two justified written notices to be served for non-payment of rent, the lessor may terminate the contract by way of an action within one month starting from the end of the lease term or of the lease year in which the notices were served (TBK Art. 352). If the tenant has undertaken in writing after delivery to vacate the leased property on a certain date and has not done so, the lessor may apply for enforcement or file an action within one month starting from that date; this is why it matters that the undertaking to vacate was given in writing after delivery. As a rent receivables lawyer and undertaking to vacate lawyer in Adana, we plan the order in which enforcement proceedings for unpaid rent and the eviction action are to be conducted according to the dates in the file.

You can calculate the interest applicable to late rent with our statutory interest calculator.

Title deed lawyer in Adana: cancellation of title, promise to sell and transfer of title deeds

Title deed disputes arise where the entry in the land register does not reflect the true legal position or where the transfer of the property was not made in the form prescribed by law; as a title deed lawyer in Adana, we most frequently work on files concerning cancellation of title and registration, promises to sell and informal sales.

In actions concerning rights in rem over immovable property, or actions that may lead to a change in the holder of a right in rem, the court of the place where the property is located has exclusive jurisdiction (HMK Art. 12); an action concerning a property in Adana is therefore filed in Adana. Unless otherwise provided by law, the competent court in actions concerning property rights is the Civil Court of First Instance (HMK Art. 2). As title deed lawyers and a title deed law office in Adana, we begin the file with the title deed record, information on encumbrances (takyidat) and the documents on which the transfer is based. Transfers made by a deceased person to deprive the heirs of their share (simulated transaction by the decedent, muris muvazaası) are explained separately in our article on this subject and on actions for cancellation of title, and the registration of immovable property passing to the heirs in their names at the land registry in our guide to inheritance and transfer.

Action for cancellation of title and registration

An action for cancellation of title and registration is the action by which a person whose right has been infringed requests the correction of the land register where a right in rem has been registered without legal grounds, or a registration has been deleted or amended without legal grounds (TMK Art. 1025). The law protects the acquisition of a third party who acquires ownership or another right in rem in good faith relying on a registration in the land register (TMK Art. 1023); therefore, if the property has changed hands, whether the last owner acted in good faith directly affects the outcome of the action. As a lawyer handling actions for cancellation of title deeds and registration in Adana, we examine together the cause of the unlawful registration (such as abuse of a power of attorney, deceit, lack of capacity or simulation) and the chain of transfers.

Promise to sell, informal sale and transfer of title deeds

A sale of immovable property and a contract promising the sale of immovable property are not valid unless executed in official form (TBK Art. 237); the Turkish Civil Code contains the same requirement for contracts aimed at transferring ownership of immovable property (TMK Art. 706). Therefore, an informal sale made outside the land registry by a handwritten deed or an ordinary written contract is not sufficient to transfer ownership; the claims of the parties against each other are examined separately. A title deed is transferred by an official deed drawn up at the land registry directorate; promise to sell contracts drawn up before a notary, on the other hand, are annotated in the land register at the request of either party, and if the sale is not made within five years of the annotation, the annotation is removed ex officio (Land Registry Law, Art. 26). As a promise to sell lawyer and title deed transfer lawyer in Adana, in actions for cancellation of title and registration based on a promise to sell, we assess together the duration of the annotation and the evidence that the price has been paid.

Prevention of interference and compensation for unauthorised occupation

Prevention of interference and compensation for unauthorised occupation are two separate remedies available to an owner against a person who uses the owner's immovable property without consent: one seeks to end the use, the other seeks payment for the period of use.

As lawyers handling actions for prevention of interference and for compensation for unauthorised occupation in Adana, in most files we assert both claims together in the same action, because while the unlawful use continues, the amount due for the past period also keeps accumulating. Where the administration takes possession of immovable property through expropriation, or de facto without expropriation, separate rules apply: under the Expropriation Law, the action for determination of compensation and registration is heard by the Civil Court of First Instance in the place where the property is located (Art. 10), and within thirty days of the service of process by the court, the owner may file an action for annulment against the expropriation before the administrative courts, and an action for correction (düzeltim davası) against material errors before the civil courts (Art. 14). Expropriation, de facto seizure without expropriation (kamulaştırmasız el atma), zoning plan and building permit disputes are discussed on our Adana administrative law lawyer page.

Prevention of interference (müdahalenin meni) and action for recovery of property

The owner may file an action for recovery of property against anyone who unlawfully holds the property, and may also sue for the prevention of any unlawful interference (TMK Art. 683). The action for prevention of interference, also referred to in practice as müdahalenin meni, is filed in situations such as a neighbour's wall crossing the boundary, a building constructed without permission or the use of the property without consent, and is asserted, where necessary, together with a request for demolition (kal). As this action based on ownership concerns a property right, it is heard by the Civil Court of First Instance (HMK Art. 2); in actions aimed solely at the protection of possession, however, the Civil Court of Peace has jurisdiction (HMK Art. 4). As a lawyer handling actions for prevention of interference and for recovery of property in Adana, before filing the action we determine whether the title deed and the cadastral map sheet correspond to the actual use.

Compensation for unauthorised occupation (ecrimisil)

Compensation for unauthorised occupation is the compensation claimed from a person who uses immovable property without the owner's consent, for the period of use; it is also referred to as compensation for unlawful occupation. The Turkish Civil Code provides that a possessor who is not in good faith must pay compensation to the right holder for the damage caused by unlawfully withholding the thing that the possessor is obliged to return, and for the fruits obtained or neglected to be obtained (TMK Art. 995). As a lawyer handling compensation for unauthorised occupation in Adana, in calculating this compensation we give priority to proving the comparable usage value appropriate to the nature of the property and the date on which the occupation began. Claims for such compensation between co-owners are a matter assessed separately.

Actions for partition and for pre-emption (şufa)

In co-ownership in shares, each co-owner may bring an action for partition, and the other co-owners have a right of pre-emption against a co-owner who sells their share to a third party; most disputes over jointly owned title deeds (hisseli tapu) are concentrated in these two institutions.

As lawyers handling sales of shares in jointly owned title deeds and pre-emption cases in Adana, we plan the process taking into account that mediation before the action is a precondition in an action for partition (Law No. 6325, Art. 18/B) and that the action is heard by the Civil Court of Peace (HMK Art. 4). In a pre-emption action, on the other hand, the time limits are short and the date on which the sale became known is decisive. Special situations concerning the division of inherited immovable property among heirs are explained separately on our Adana inheritance law lawyer page.

Action for partition (izale-i şuyu)

Partition, sought through an action for partition, is the division of immovable property held in co-ownership in shares among the co-owners, or its sale and the distribution of the proceeds; each co-owner may request it unless this is precluded by a legal transaction or by the permanent allocation of the property to a specific purpose (TMK Art. 698). If no agreement can be reached on the manner of division, the judge first orders the division of the property in kind; if division is not considered appropriate in the circumstances, in particular if the property cannot be divided without a significant loss of value, a sale by public auction is ordered (TMK Art. 699). A sale by auction limited to the co-owners requires the consent of all co-owners. As a lawyer handling partition actions, sales of shares in jointly owned title deeds and the termination of co-ownership in Adana, in partition by sale we focus on the correct determination of the value of the property and on the co-owners' rights to take part in the auction.

In its decision dated 28.12.2023, E. 2023/5593, K. 2023/6613, the 7th Civil Chamber of the Court of Cassation determined as follows the constitution of the parties in an action for partition:

The Chamber reversed the decision because the judgment had been rendered without the heirs of a co-owner who died during the proceedings joining the action. Therefore, before the action is filed, all co-owners shown in the title deed record and the heirs of deceased co-owners should be identified.

Right of pre-emption (şufa)

In co-ownership in shares, if a co-owner sells all or part of their share in the immovable property to a third party, the other co-owners may exercise the right of pre-emption (TMK Art. 732). According to the first paragraph of TMK Art. 733, as amended by Law No. 7571, the right of pre-emption cannot be exercised in sales made under the State Tender Law No. 2886 or in sales by compulsory auction; the sale is notified to the other co-owners by the buyer or the seller through a notary. As a lawyer handling pre-emption cases in Adana, we take the date of the notarial notification as the basis for calculating the peremptory period.

The prohibition concerning sales under the State Tender Law and the one-year maximum period were introduced by Law No. 7571; for sales made before 25 December 2025, the provisions in force before the amendment apply and the maximum period is two years from the sale (TMK Provisional Art. 1). In a pre-emption action, the judge determines the market value of the share in dispute without delay; if the right holder does not deposit this amount and the title deed costs payable by the buyer within the final time limit set by the judge, registration of the share in the right holder's name cannot be ordered (TMK Art. 734). This rule on depositing the price, as amended by Law No. 7571, also applies to actions filed before the amendment (TMK Provisional Art. 1).

Condominium ownership and housing complex management disputes

Condominium ownership disputes arise from resolutions of the board of condominium owners in apartment buildings and housing complexes, from the management plan and from the obligations of condominium owners towards one another; they are resolved under the Condominium Ownership Law No. 634, and mediation before the action is a precondition in these disputes as well (Law No. 6325, Art. 18/B).

An action for annulment of a resolution of the board of condominium owners is filed before the Civil Court of Peace in the place where the main property is located, within one month starting from the date of the resolution for a condominium owner who attended the meeting and voted against it, or from the date of learning of the resolution for a condominium owner who did not attend the meeting, and in any event within six months starting from the date of the resolution; no time limit applies to resolutions that are non-existent or null and void (KMK Art. 33). If one of the condominium owners, or a person such as a tenant who continuously uses an independent unit, fails to fulfil their debts and obligations, the condominium owner who suffers harm may request the intervention of the judge from the Civil Court of Peace; the judge decides in accordance with the law and the management plan and sets a short period for the decision to be complied with. As a condominium ownership lawyer, apartment dispute lawyer and housing complex management lawyer in Adana, in disputes such as unpaid service charges, the use of common areas and nuisance from neighbours, we first examine the management plan and the board resolutions.

Construction in exchange for flats and contractor disputes

A construction contract in exchange for flats is a contract under which the landowner undertakes to transfer shares in the land and the contractor undertakes, in return, to construct a building; the Turkish Code of Obligations defines a contract for work as a contract under which the contractor undertakes to produce a work and the employer undertakes to pay a price in return (TBK Art. 470).

Construction contracts in exchange for land shares drawn up before a notary are annotated in the land register at the request of either party (Land Registry Law, Art. 26). If the contractor does not start the work on time, delays it in breach of the contract, or if it is clearly apparent by all estimates that the contractor will not be able to complete the work at the agreed time, the landowner may withdraw from the contract without having to wait for the delivery date (TBK Art. 473). As a construction lawyer, construction in exchange for flats lawyer and contractor dispute lawyer in Adana, we assess together the form of the contract, the delivery date, the penalty for delay and the provisions on the allocation of independent units. The rights of a consumer who buys a residence in an unfinished project against the contractor are examined separately under consumer legislation.

Sale of real estate to foreigners

Foreign natural persons may acquire immovable property and limited rights in rem in Türkiye, provided that they are nationals of countries determined by the President and comply with the legal restrictions (Land Registry Law, Art. 35).

The total area of immovable property and of independent and permanent limited rights in rem acquired by foreign natural persons may not exceed ten per cent of the area of the district that is subject to private ownership, nor thirty hectares per person throughout the country; the President may increase the amount that may be acquired per person up to twofold. A foreigner who buys undeveloped immovable property must submit the project to be developed on it to the relevant Ministry for approval within two years. As a lawyer handling real estate acquisitions and title deed transactions of foreigners in Adana, before the title deed transaction we check whether the property is located in a military restricted area or a security zone and whether the buyer's nationality permits the acquisition. Residence permit and citizenship applications linked to the acquisition of immovable property are subject to separate legislation and are assessed within the scope of foreigners law.

How does a real estate dispute proceed, and when is mediation mandatory?

A real estate dispute proceeds through the stages of gathering the documents, checking mediation as a precondition for the action, determining the competent court and the court with jurisdiction, filing the action, and having the judgment reflected in the title deed register or enforced.

1. The documents are gathered: the title deed record and information on encumbrances, the lease or sale contract, formal notices, notifications made through a notary, resolutions of the board of condominium owners and the management plan.
2. It is determined whether the dispute arises from a lease, an action for partition, condominium ownership or neighbour law; in these four groups, a mediator is applied to before the action is filed (Law No. 6325, Art. 18/B).
3. If agreement is reached in mediation, an annotation of enforceability for the agreement document is obtained from the Civil Court of Peace in the place where the property is located; for an agreement concerning the transfer of the property, registration may be requested from the title deed registry directorate after the annotation.
4. If no agreement is reached, or if mediation is not mandatory, the action is filed before the competent court with jurisdiction; the peremptory periods in the law (one month, three months, six months, one year) are the risk most frequently encountered at this stage.
5. During the proceedings, the condition and value of the property are determined through witnesses, an on-site inspection and examination by a court-appointed expert.
6. The final judgment is implemented, depending on its nature, by registration at the title deed registry directorate or by eviction or collection through the enforcement office.

How is a real estate lawyer's fee determined?

A real estate lawyer's fee is determined by the fee agreement between the lawyer and the client and may not be agreed below the minimum attorneyship fee tariff (Attorneyship Law, Art. 164). The law also permits a percentage not exceeding twenty-five per cent of the value of the claim or of the amount to be awarded to be agreed as the fee; however, it may not be agreed that part of the property and rights other than money that are the subject of the action will belong to the lawyer in kind. Because the fee for an action for cancellation of title deeds, an action for partition or an action for determination of rent varies according to the value of the property, the type of action and the scope of the proceedings, the fee is notified in writing after the file has been examined. You can use our court fee calculator to estimate the fees and costs of the action.

Our office and contact details

YBS Hukuk Bürosu, under the management of Av. Yakup Buğrahan SEVDİ, works in Seyhan, Adana, and handles rent, title deed, co-ownership and condominium ownership files in real estate disputes in Adana. The answer to the question of how to choose the "best" real estate or property lawyer in Adana is not a single name but verifiable criteria; anyone searching for the "best" rent or title deed lawyer in Adana should look at the same criteria. These criteria are the lawyer's registration with the Adana Bar Association, the handling of files before the courts of the place where the property is located, stating the peremptory periods in the law clearly at the first meeting, and notifying the fee in writing. Our lawyer's professional background is available on the Av. Yakup Buğrahan SEVDİ profile page, and address and transport information on our contact page. Our telephone and WhatsApp line 0507 007 0 927 is open 7/24; our email address is destek@ybshukuk.com.tr and our address is Yenibaraj Mah. Bülent Angın Bulvarı Tamer Apt. No:42 Kat:7 D:19 Seyhan/Adana.