The Turkish real estate market is experiencing rapid growth, attracting investors from around the globe thanks to its diverse residential and commercial projects and strong investment returns. However, as in any active market, real estate disputes may arise due to misunderstandings between parties, breaches of contract, or ownership issues.

This guide outlines the legal procedures for resolving real estate disputes in Turkey and offers practical advice for investors to safeguard their rights before, during, and after the investment process.

1. Collecting Evidence and Verifying the Land Registry

The first step in any dispute is to confirm the legal ownership of the property by checking the title deed (Tapu) through the WebTapu system or at official land registry offices.

Investors should verify:

• The registered owner’s details.
• Any mortgages, liens, or restrictions on the property.
• Consistency between the property’s size and specifications in the contract and the official registry.

2. Mandatory Mediation Before Litigation

Since September 2023, mandatory mediation has become a prerequisite before filing many types of real estate cases in Turkey. This process aims to speed up resolutions and reduce the burden on courts. Cases that require mediation include:

• Rental disputes.
• Conflicts between co-owners.
• Issues related to shared property laws.
• Neighbor disputes over boundaries or usage rights.

Tip: Mediation can save time and costs while preserving business relationships.

3. Taking Precautionary Measures During the Dispute

If there is a risk that the property could be sold or transferred during the dispute, investors can request:

• A precautionary injunction to prevent any legal transactions on the property.
• Registration of a lawsuit annotation in the land registry to maintain the property’s legal status until a court decision is reached.

4. Filing a Lawsuit with the Competent Court

The appropriate court depends on the type of dispute:

• Title deed cancellation and registration cases → Civil Court of First Instance.
• Rental disputes → Civil Court of Peace.
• Boundary or area disputes → Cadastral Court.

Tip: Working with an attorney specialized in Turkish real estate law significantly increases the chances of success.

5. Protecting Your Rights Before a Dispute Arises

To avoid potential problems, investors should:

• Check the property’s land registry before signing any contract.
• Notarize preliminary sales agreements and register them in the land registry.
• Include arbitration clauses in commercial contracts for faster dispute resolution.

Resolving real estate disputes in Turkey requires an in-depth understanding of local laws, adherence to the correct legal steps, and consideration of mediation or arbitration as primary options. By following these guidelines, investors can protect their assets and ensure their rights—whether purchasing an apartment in Istanbul or managing a large commercial real estate project.