The 6th Civil Chamber of the Court of Cassation is strengthening the economic basket method while other chambers look for concrete damage. The 2025-2026 shift in case law and litigation strategy.
Real Estate, Construction, Zoning and Projects: Articles
Articles published by Güneş & Güneş Law Firm on the topics under Real Estate, Construction, Zoning and Projects.
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Articles
Showing articles 1–20 of 178.
Inheritance and Estate Law
Cases That Are Not Simulation by the Deceased: In Which Transfers Does the Court of Cassation Refuse to Cancel the Title?
Sales, care arrangements, gifts and family distributions that the Court of Cassation does not treat as simulation by the deceased; transfers as loan security, the cadastre and the land registry rights of a good-faith third party.
Lease and Eviction Law
Landlord's Rights: Rent, Rent Increases, Eviction, Security Deposit and Compensation
The landlord's rights to rent, eviction and compensation, explained with time limits, evidence, mediation and current case law.
Title Cancellation and Registration Cases
Market Value in Pending Pre-emption Actions: Freedom to Seek Legal Remedies and Legal Certainty
Law No. 7571 applies the market value rule for the pre-emption price to pending actions too: the additional deposit burden, Court of Cassation decisions, the Constitutional Court process and the freedom to seek legal remedies.
Division of Property in Divorce
How Is an Action for Removal of a Mortgage on the Family Residence Brought? Competent Court, Evidence, Interim Measures and Court of Cassation Decisions
The court, evidence, interim measures and deletion after judgment in an action for removal of a mortgage.
Division of Property in Divorce
How Is a Mortgage Placed on the Family Residence Without the Spouse's Express Consent Removed? Conditions, Court Route and Court of Cassation Decisions
Removing a mortgage placed on the family residence without spousal consent, and current case law.
Division of Property in Divorce
Can a Mortgage Be Removed If There Is No Family Residence Annotation? Spousal Consent, Proof and the Bank's Good Faith
Removing a mortgage where the land registry carries no family residence annotation: proof and the bank's good faith.
Associations, Foundations and Cooperatives
What to Watch for When Buying a Home or Share from a Cooperative: Title, Debt, Permit and Membership Review
Cooperative membership, a land share and ownership of a flat are different rights. A practical guide explaining how to examine membership, title, debt, the project and the 2026 phased-construction rule before buying.
Associations, Foundations and Cooperatives
What Can Be Done If a Cooperative Does Not Give the Title Deed? Title Cancellation and Registration Action
Separating the debt, allocation, third-party and statutory obstacles to transfer of title; the court, parties, evidence and compensation options in a registration action arising from membership.
Associations, Foundations and Cooperatives
How Is the Appraisal (Şerefiye) Charge Determined in a Cooperative? Objecting to the Calculation and the Price Difference
By what criteria are differences in floor, facade and location reflected in the price? A comprehensive guide explaining the distinction between şerefiye and additional dues, review of the technical report, a sample distribution calculation, and why an internal cooperative objection is separate from the time limit for suit.
Associations, Foundations and Cooperatives
What Happens If a Cooperative Delivers the Home Late? Rent Loss and Compensation Claims
A guide that runs from the delivery date and the position of comparable members to the calculation of rent loss. The five-year limitation approach of the Civil General Assembly (HGK) and the 2026 procedural change are explained together.
Associations, Foundations and Cooperatives
What Is a Housing Cooperative? Types, Membership Conditions and Members' Rights
A main guide explaining the differences between membership, share, allocation and title in housing cooperatives; the duties of the bodies, members' rights and the 2026 rule on transfer of title.
Associations, Foundations and Cooperatives
Lottery and Housing Unit Allocation in Housing Cooperatives: Changes of Unit and Allocation Disputes
Can a unit drawn in the lottery be changed by a management decision? The difference between allocation and title, leaving members out of the lottery, mutual exchange of units, double allocation and the 2026 restriction on phased projects are covered with concrete examples and decisions.
Inheritance and Estate Law
Inheritance Transfer and Estate Procedures in Türkiye
A guide for Turkish and foreign heirs: certificate of inheritance, debts and disclaimer time limits, inheritance and transfer tax, title transfer, wills and partition.
Title Cancellation and Registration Cases
Wrongful Registration and Reliance on the Land Registry: Can Property Be Recovered from a Good-Faith Third Party?
Protection under Article 1023 of the Turkish Civil Code in wrongful registration: the difference between the first buyer and a later owner, proof of good faith, and recovery of property from a good-faith third party.
Municipal Law and Licensing Procedures
Obstruction of Access to a Business or Property by Road and Sidewalk Works: Annulment and Compensation Routes
Annulment, stay of execution and compensation routes where road and sidewalk works obstruct access to a business or property.
Objection to the cancellation of a building registration certificate, the time limit for an action, stay of execution, updating and refund of the fee.
Tourism Law
Buying and Selling a Hotel in Türkiye: A Legal Process Guide for Individuals and Companies
First contact, confidentiality, share or property transfer, title deed, licenses, debts, tax, payment and handover in hotel purchases and sales: a legal process guide.
Tourism Law
Transfer and Lease of a Tourism Facility: License, Tourism Certificate and Contract Risks
License, tourism certificate, the 2026 transfer ban, past debts and contract terms in the transfer and lease of a tourism facility.
Title Cancellation and Registration Cases
Title Cancellation and Registration Lawsuit: Grounds, Time Limits, Evidence and the Court Process
Grounds, time limits, evidence, competent court and post-judgment steps in a title cancellation and registration lawsuit; not every title deed case follows the same rule.
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