Property in Turkey

Posted by: AndyFelin on 13 November 2005

Turkish Property Question

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I have a friend who has bought an apartment in Turkey who has been told told that he can't have the 'deeds' because Turkish property law has stopped these being issued at the moment.

He has 'owned' the property for a couple of years but has not actually been out there to see it and to finalise ownership details (don't ask)! All he has to prove that he owns it is some emails and letters. The Turkish company appears to be legit, ie. they have an up-to-date website, answer his emails and say they have no problem with him taking over the property, offering him help with furnishing, etc.

I've offered to accompany him out there in the next few days to sort things out, but obviously would like some background so I'm not completely in the dark about Turkish legalities and can actually assist him.

Does anyone know anything about Turkish property law?

Andy

Posted on: 13 November 2005 by Huwge

Don't know any Turkish property law, but would have thought he might get some sensible responses from Turkish embassy - at least to deeds issue.

Huw

Posted on: 14 November 2005 by i am simon 2

I know nothing about turkish property law, but if it is anything like the UK law, deeds are no longer so relevant, as all details of interests owned in land are hled by the Land Registry.

Normaly the most important documents to have a copy of of are the contract of sale and the land transfer.

A quick look on Google and I turned this up:

PURCHASE OF PROPERTY IN TURKEY

"FLASH MESSAGE"

Current legislation applicable for foreigners, who wish to purchase land or property in Turkey, has been ruled to be unconstitutional by the Turkish Constitutional Court. The amended law, which was presented before the court, has unfortunately been rejected. Therefore, until the law is ratified and approved by the Parliament any applications made by the foreigners to the land registry office will NOT be processed. (as announced by the General Directorate of Land Registry Office on or about 26 July 2005)

Unfortunately, we have not been given a time scale when the matter may be resolved. If you have any further enquires the time scale, please contact the local land registry office for updated information.

Here is the linkBritish Embassy website

My advice, set up a meeting with an english speaking turkish property lawyer and take copies of all the documentation you have with you to the meeting.

Kind regards

Simon

Posted on: 14 November 2005 by AndyFelin

Thanks for that Simon, we had also found that.

We have just got to get out there and sort it out. I don't think there is going to be a problem though.

Andy

Posted on: 14 November 2005 by Traveling Dan

Can't answer your question ... but I can recommend a couple of lawyers in Turkey should you need legal assistance.

(1) Emre Derman of Derman Ortak Avukat Burosu, Maya Akar Center, Buyukdere Caddesi 100/17, 34394 Esentepe, Istanbul; Tel. + 90 212 355 1300; and

(2) Denton Wilde Sapte & Guner, Buyukdere Caddesi, Yapi Kredi Plaza, B Blok K9 No 23/A, Levent 80620, Istanbul; Tel. + 90 212 284 6091.

Derman Ortak is affiliated with White & Case, a large US firm. As such, they tend to focus more on business and commercial matters than on tourist property, but I am sure they will have someone who can advise. Probably fairly expensive, though.

The second one is the Turkish branch of Denton Wilde Sapte, a UK firm. They always have at least one English solicitor there, but I'm afraid I can't give you a name (my previous contact, Paul Sheridan, rotated out in the early part of the year). I'm sure they will be able to advise you - and probably at a lower cost.

Good luck,
Dan

Posted on: 14 November 2005 by AndyFelin

Thanks Dan, names and addresses noted.

Andy