Abstract
This article examines common real estate disputes in Turkey from the perspective of foreign property owners, investors and heirs. It considers title cancellation and re-registration, abuse of representative authority, inheritance-related sham transactions, protection of good-faith purchasers, partition, condominium disputes and expropriation. The discussion distinguishes the remedies available in each category and considers the Court of Cassation decisions cited in the article, including the 2025 unification decision concerning construction in return for land-share agreements. It also addresses interim protection, evidence, overseas representation and the procedural implications of foreign nationality. The analysis emphasises that an effective dispute strategy must connect the right asserted, the appropriate defendant and forum, the available evidence and the practical means of implementing the result.
Keywords: real estate disputes, Turkey, title cancellation, muris muvazaası, good-faith acquisition, partition, expropriation
Introduction
A disputed property transfer, a disagreement between heirs and an objection to expropriation require different legal responses. The first question is not simply whether the owner has suffered a loss. It is whether the client needs the land register corrected, a contractual obligation performed, compensation paid, a shared ownership arrangement ended or an administrative decision reviewed.
For foreign owners and investors, the starting documents are the current land registry record, the acquisition papers and a dated account of what has happened. A deed retained from the purchase is important, but it does not show every later transaction. This guide explains the principal real estate disputes in Turkey, the court decisions that shape them and the issues to discuss before instructing a lawyer.
Title cancellation and re-registration in Turkey
A tapu iptali ve tescil davası seeks cancellation of an unlawful registration and registration in favour of the person entitled to the right. Article 1025 of the Turkish Civil Code provides the basis for correcting a registration that infringes a real right. The claimant must identify the defect and the right said to have been infringed, rather than treating dissatisfaction with a sale as sufficient grounds for cancellation.1
Potential grounds include a forged signature or power of attorney, lack of capacity, a sham transfer, or abuse of representative authority. A representative must act loyally and with care in the principal’s legitimate interests. Possession of a broadly worded power of attorney does not remove those duties. The document, payment trail, relationship with the buyer and any later approvals should be examined together.2
The family home requires a separate inquiry. Article 194 restricts a spouse’s ability to transfer or encumber the family home without the other spouse’s express consent, subject to the statutory framework. The protection does not depend on both spouses appearing as owners. Counsel should establish whether the property was the family home, whether consent existed and whether third-party protection is relevant.3
For proceedings directly concerning rights in immovable property, the courts where the property is situated have exclusive territorial jurisdiction. An ordinary title claim generally belongs before the civil court of first instance, but specialist jurisdiction must be checked. A family-home, consumer or cadastral dispute should not automatically be filed there merely because it concerns land.4
Inheritance disputes and muris muvazaası
Muris muvazaası concerns a transfer presented as a sale while allegedly concealing a gift intended to defeat heirs’ rights. It is not established merely because one relative received more property than another. Counsel must distinguish a sham transaction from a genuine sale, a properly constituted gift and a possible reduction claim protecting a reserved inheritance share. Those claims have different conditions and should not be treated as interchangeable.5
The Court of Cassation’s Assembly of Civil Chambers, in its decision of 23 May 2019, E. 2017/1263, K. 2019/603, examined a transfer to the owner’s daughter-in-law. The majority considered substantial care and support capable of constituting consideration and did not infer an intention to defeat inheritance rights from the recorded price alone. The owner’s circumstances, the services provided and the property remaining in the estate mattered. The decision does not validate every transfer described afterwards as a reward for care.6
For a claimant, useful evidence concerns what the owner intended at the time: financial needs, payments, health and care arrangements, witnesses and the treatment of the remaining estate. The heir alleging the sham bears the burden of establishing it. For a foreign family, the applicable inheritance law must also be addressed. Law No. 5718 expressly applies Turkish law to immovable property situated in Turkey.7
Good-faith purchasers and the 2025 unification decision
A defect in an earlier transfer does not necessarily mean that the property can be recovered from its present owner. Article 1023 protects a third party who acquires ownership or another real right in good-faith reliance on the land register. Article 1024 excludes a person who knew or should have known that the registration was defective. Good faith is presumed under Article 3, but a person who fails to exercise the care expected in the circumstances cannot rely on that presumption.8
The Court of Cassation’s Grand General Assembly for the Unification of Judgments addressed construction in return for land-share agreements on 16 May 2025, E. 2024/1, K. 2025/2. Published in the Official Gazette on 18 July 2025, the decision recognises protection for a qualifying good-faith third party who acquires ownership or a mortgage from the contractor in reliance on the register, despite subsequent invalidity or retroactive termination of the underlying agreement. The landowner alleging bad faith must prove it; failure of the construction arrangement alone is not sufficient.9
The purchaser’s knowledge at acquisition remains important. A rapid resale, an unexplained price, a close relationship or a relevant registry annotation may require investigation, but none should be used as a substitute for examining the evidence. Nor does the decision turn a reservation agreement or payment receipt into registered ownership, or guarantee completion, building permits or freedom from construction defects.
Where a protected third party retains the property, damages are not automatically substituted for the title claim. The responsible defendant, legal basis, loss, causation and relief requested must be identified. State liability under Article 1007 for damage arising from the keeping of the land register is a separate potential basis, not general insurance against an unsuccessful investment.10
Partition of jointly owned property
Co-owners may seek ortaklığın giderilmesi, also known as izale-i şuyu, when shared ownership cannot continue on acceptable terms. The right to demand partition is subject to Article 698, including restrictions connected with an obligation to maintain shared ownership, dedication to a continuing purpose and an inappropriate time for partition. A partition action is not a punishment for the co-owner who has been difficult to deal with.11
Pre-action mediation is mandatory for partition disputes within Article 18/B of Law No. 6325. If the dispute remains unresolved, the civil court of peace handles partition proceedings. All relevant ownership and inheritance interests should be established before filing; an incomplete list of parties can delay the case. Mediation is a procedural requirement, not an obligation to accept a proposed settlement.12
The court examines whether division in kind is legally and practically possible without substantial loss of value. If not, it may order sale by public auction and distribution of the proceeds according to the parties’ established entitlements. Restricting the auction to the co-owners requires unanimous consent. Before seeking sale, the client should compare a negotiated buyout with auction costs, existing encumbrances and the likely net recovery.13
Condominium disputes, service charges and short-term rentals
Apartment and development disputes commonly concern service charges, common-area works, management decisions and use of individual units. The management plan, approved projects, meeting records and accounts should be obtained before deciding whether to challenge a charge or a decision. The applicable consent threshold depends on the proposed work and statutory provision, not simply on whether a majority of neighbours supports it.14
The 2026 amendments require particular attention in service-charge disputes. Law No. 7579 amended Articles 35 and 37: the operating budget must be approved by the owners’ assembly, while a manager may prepare a temporary budget pending approval within three months. Where an existing budget is in force, the statutory revaluation ceiling applies to the temporary budget in the manner specified by Article 37. It is not a blanket permanent cap on every charge approved by owners.15
The same law changed the voting fractions in Article 70 from four-fifths to two-thirds. Article 70 concerns management plans for collective developments. That amendment should not be applied indiscriminately to every building decision, renovation or consent requirement.16
An objection to an owners’ resolution also has its own deadline. Article 33 generally allows a dissenting participant one month from the resolution and an absent owner one month from learning of it, subject to the six-month outer period; non-existent or absolutely void resolutions are treated differently. Because condominium disputes are also subject to mandatory mediation, the challenge and mediation timetable must be planned together.17
Short-term letting is not solely a disagreement between neighbours. Law No. 7464 regulates covered residential lettings of up to 100 days and requires a permit before the letting agreement. The ordinary apartment application requires the prescribed unanimous owners’ decision for the building. Special rules, including those for qualifying high-quality residences, must be checked separately. A platform listing or an agent’s assurance does not establish permission to operate.18
Expropriation: distinguish compensation from legality
In the ordinary expropriation process, the authority first seeks an agreed acquisition under Article 8 of Law No. 2942. If agreement cannot be reached, the authority applies to the civil court of first instance for judicial determination of compensation and registration under Article 10. The owner can contest the valuation and the supporting expert evidence in that proceeding. This is not simply an appeal seeking an increase in a final price already fixed by the authority.19
A valuation objection should address the statutory criteria, the correct valuation date, the property’s lawful characteristics and genuinely comparable evidence. An online asking price is not equivalent to a completed comparable sale. Land, buildings, partial takings and the effect on retained property require different valuation questions.20
Challenging the legality of the expropriation is a separate administrative-law matter. Article 14 provides a thirty-day period running from the prescribed judicial notification or substitute announcement for an annulment action. Contesting compensation does not by itself place the legality of the public acquisition before the administrative court. The notices should be reviewed immediately so that one route is not lost while pursuing the other.21
Historic occupation without formal expropriation requires a separate date-sensitive assessment. Law No. 7588, adopted on 2 July 2026, added Temporary Article 20 for specified property allocated in fact to public service before 8 October 1956. It contains its own rules affecting claims and pending proceedings. Those cases should not be presented as ordinary contemporary acquisitions with an unrestricted right to current market-value compensation.22
Protecting the claim before trial
The immediate file should include a current registry extract and transaction history, the contract and power of attorney, proof of payments, communications, official notices and any building or management records relevant to the complaint. For alleged forgery or incapacity, preserve original documents and identify records that may require court-assisted production. For defective building work, record the condition before repairs make the disputed defect difficult to inspect.
Where there is a substantiated risk of another transfer or serious prejudice, counsel should consider an interim injunction under Article 389 of the Code of Civil Procedure and, where appropriate, preservation of evidence. The court assesses the legal conditions and supporting material; security may be required. Filing a complaint does not automatically freeze the property or preserve every civil deadline.23
There is no reliable universal duration for a title, partition or valuation case. Service abroad, ownership investigations, expert evidence and appeals can materially affect progress. A useful initial opinion should identify the procedural stages and risks, not promise a fixed completion date before the file has been examined.
Choosing a real estate dispute lawyer in Turkey from abroad
Ask who will conduct the case, which court and procedure are proposed, and whether the lawyer has experience with the particular dispute rather than only property purchases. Verify professional registration through the relevant bar.24 A lawyer’s independence from the selling agent, developer, co-owner or opposing heir is particularly important when the original transaction is itself under investigation.
Representation from abroad requires a properly prepared power of attorney and supporting identity or corporate documents. The authority to conduct litigation should be distinguished from powers to settle, waive rights, sell property or receive proceeds. Foreign-language documents need translation for court use, and foreign official documents require the applicable authentication, subject to treaties and exemptions. Agree the required wording before arranging overseas execution.25
Foreign claimants should also budget for possible security under Article 48 of Law No. 5718, while checking reciprocity and applicable treaty exemptions. Foreign nationality does not by itself select the governing law: Turkish immovable rights and succession to Turkish land engage specific conflicts rules. The engagement should explain these issues alongside court fees, expert and translation costs, appeal work and enforcement expenses.26
Before authorising proceedings, obtain a written assessment of the remedy sought, the evidence still missing, the deadlines and the realistic recovery options. A settlement proposal should identify who transfers what, when payment occurs and how registrations or releases will be completed. A favourable judgment has limited practical value if its terms cannot be implemented or the liable party has no recoverable assets.
Frequently asked questions
Can I challenge a sale made by someone holding my power of attorney?
Potentially. The scope and authenticity of the authority, the representative’s duties, the buyer’s knowledge and the payment evidence all matter. A broad authority does not excuse disloyal conduct, but it does not follow that every disputed sale will be cancelled.
Is a low sale price enough to prove an inheritance sham?
No. The court examines the real purpose of the transfer. The 2019 Assembly of Civil Chambers decision shows why evidence of care, support, relationships and the remaining estate matters alongside the price. The heir alleging the sham must substantiate it.
Can an innocent buyer keep property transferred under a defective title?
A qualifying good-faith acquisition of a registered real right may be protected. The purchaser’s knowledge and the care expected at acquisition are central. If restoration is unavailable, compensation requires its own legal basis and properly formulated claim.
Does the 2025 construction decision protect an apartment reservation?
Not merely because money has been paid. The decision concerns qualifying acquisitions of real rights in reliance on the land register. A contractual buyer must separately assess the agreement, registration position, performance rights and available remedies.
Must I mediate before bringing a partition or condominium case?
Yes, for disputes within Article 18/B. The requirement is to apply to mediation before filing, not to accept a settlement. Do not assume, however, that every lawsuit involving a property is automatically subject to the same mediation rule.
Can a co-owner insist that only the other owners bid at the auction?
An auction confined to co-owners requires all co-owners’ consent under Article 699. Without that agreement, a court-ordered sale is not reserved for the family or existing ownership group.
Can the building manager impose an unlimited temporary service-charge budget?
The 2026 amendments require owners’ approval of the operating budget and regulate temporary budgets, including submission for approval within three months and the specified ceiling where an existing budget is in force. The actual budget, resolutions and accounts must be checked.
How do I challenge an inadequate expropriation valuation?
In an ordinary non-agreed acquisition, the authority brings the judicial valuation and registration case. The owner should submit reasoned valuation objections and evidence there. An objection to the legality of expropriation requires a separate administrative assessment and attention to the thirty-day statutory period.
Must I travel to Turkey to start a property dispute?
A properly authorised lawyer can generally conduct the proceedings. The court may still require a particular procedural step or personal attendance, and overseas documents must be prepared in the required form. Representation arrangements should be settled early.
Conclusion
The most effective property-dispute strategy begins with a precise objective. Recovery of title, payment for a loss, an exit from co-ownership and protection against an administrative acquisition are not interchangeable outcomes. Each calls for different defendants, evidence and procedural choices. For a foreign owner, the lawyer’s first task is to turn an unfamiliar registry record and a collection of documents into a defensible plan, while preserving the possibility of settlement and the means to enforce the result.
Footnotes
1. Turkish Civil Code No. 4721, Articles 1024 and 1025. The protection of qualifying third-party acquisitions is expressly preserved by Article 1025. Official statutory text.
2. Turkish Code of Obligations No. 6098, Articles 504 and 506; Turkish Civil Code No. 4721, Articles 3 and 1023-1025. Mandate and duties; Registry protection.
3. Turkish Civil Code No. 4721, Article 194, read with Articles 3 and 1023-1025 where third-party acquisition is in issue. Official statutory text.
4. Code of Civil Procedure No. 6100, Articles 1, 2 and 12. Subject-matter jurisdiction is subject to applicable special legislation. Official statutory text.
5. Turkish Code of Obligations No. 6098, Article 19; Turkish Civil Code No. 4721, Articles 560 and following; Yargıtay Hukuk Genel Kurulu, 23 May 2019, E. 2017/1263, K. 2019/603. True contractual intention; Reduction of dispositions.
6. Yargıtay Hukuk Genel Kurulu, 23 May 2019, E. 2017/1263, K. 2019/603, majority reasoning on the disputed transfer to the daughter-in-law and proof of the deceased’s actual purpose. Official decision search: https://karararama.yargitay.gov.tr/
7. Turkish Civil Code No. 4721, Article 6; Code of Civil Procedure No. 6100, Article 190; Code on Private International Law and International Civil Procedure No. 5718, Article 20(1). Burden of proof; Inheritance conflicts rule.
8. Turkish Civil Code No. 4721, Articles 3, 1023 and 1024. The presumption of good faith is qualified by the duty of care appropriate to the circumstances. Official statutory text.
9. Yargıtay İçtihatları Birleştirme Büyük Genel Kurulu, 16 May 2025, E. 2024/1, K. 2025/2; Official Gazette, 18 July 2025, No. 32959, operative conclusion on ownership and mortgage acquisitions. Official Gazette issue.
10. Turkish Civil Code No. 4721, Articles 1007 and 1025; Code of Civil Procedure No. 6100, Article 26, concerning the limits of the relief requested. Registry liability; Relief requested.
11. Turkish Civil Code No. 4721, Articles 698, 699 and 703. Official statutory text.
12. Law No. 6325, Article 18/B(1)(b), inserted by Law No. 7445, Article 37, effective 1 September 2023; Code of Civil Procedure No. 6100, Article 4(1)(b). Mediation amendment; Court jurisdiction.
13. Turkish Civil Code No. 4721, Article 699, particularly the conditions for auction and an auction confined to the co-owners. Official statutory text.
14. Condominium Law No. 634, Articles 19 and 33, as amended by Law No. 5711, Articles 8 and 17; Article 42 on qualifying common-area improvements. 2007 amendments; Official Article 42 text.
15. Law No. 7579, Articles 3 and 4, amending Condominium Law No. 634, Articles 35 and 37; Official Gazette, 22 May 2026, No. 33261. Official amending law.
16. Law No. 7579, Article 5; Condominium Law No. 634, Article 70, within the special provisions on collective developments introduced by Law No. 5711, Article 22. 2026 amendment; Collective-development framework.
17. Condominium Law No. 634, Article 33, as amended by Law No. 5711, Article 17; Law No. 6325, Article 18/B(1)(c). Resolution challenges; Mandatory mediation.
18. Law No. 7464, Articles 1-3, particularly Articles 3(1), 3(3), 3(4) and 3(10), on permits, owners’ approval and qualifying residences. Official statutory text.
19. Expropriation Law No. 2942, Articles 8 and 10, as replaced by Law No. 4650, Articles 3 and 5. Official amending law.
20. Expropriation Law No. 2942, Articles 11, 12 and 15; Law No. 4650, Articles 6 and 8, on valuation criteria and expert determination. Official valuation provisions.
21. Expropriation Law No. 2942, Article 14, as replaced by Law No. 4650, Article 7. The notification mechanism is tied to Article 10. Official statutory provision.
22. Law No. 7588, Article 8, inserting Expropriation Law No. 2942, Temporary Article 20, including its rules on qualifying historic allocations and pending cases. Official amending law.
23. Code of Civil Procedure No. 6100, Articles 389-392 and 400-401, governing interim injunctions, security and preservation of evidence. Official procedural provisions.
24. Türkiye Barolar Birliği, Baro Levhası / Avukat Arama, official lawyer-registration search. Accessed 18 September 2026. https://www.barobirlik.org.tr/AvukatArama/
25. Code of Civil Procedure No. 6100, Articles 74, 76, 223 and 224; Turkish Code of Obligations No. 6098, Article 504, on specially authorised acts. Court representation and documents; Scope of authority.
26. Code on Private International Law and International Civil Procedure No. 5718, Articles 20, 21 and 48. Article 48(2) addresses exemption from security on the basis of reciprocity. Official statutory text.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
