Real estate law is a branch of law that includes a wide variety of disputes. We work intensively on real estate law in our office. One of the most common casesin this area is the deed cancellation and registration case. Deed cancellation and registration cases generally arise from transactions based on collusion and for the purpose of hijacking property. For example, deed cancellation registration cases due to misuse of procuratorship, deed cancellation registrationcases due to deceased collusion, deed cancellation registration cases due to wrongful entry, deed cancellation registration cases due to matrimonial home annotation.
In the case of cancellation of the title deed due to the misue of the power of attorney, the person substitues this case in the event that the person to whom the power of attorney is sold without the knowledge of himself or against his requestis sold to someone else. Because the attorney has the duty of representation ,in accordence with the will of the grantor and for his benefit. Again, the third person who took over the real estate should not be deemed to be good faith in order to be the acceptor of the case. The mentioned deed cancellation and registration cases are generally seen between spouses and naturally, the power of attorney given by the spouses trusting each other can be abused in case of divorce proceedings. As Arslan Law Firm, the lawsuits on the same subject carried out by us are followed carefully in favor of our clients. The most important point here is the proof of the collusion between the procurator and the third person, and this is a point that can be revealed by the work of lawyers professionally involved in this business.
If the deed cancellation registration cases are mentioned due to the deceased collusion, these cases are the cases that are substituted against the transactions made by the inheritor to smuggle property from his heirs. Deceased either kidnaps all of his property from heirs or leaves his property to other heirs by distinguishing between his heirs. In our country, it is a common example of the inheritance to transfer all his assets to his sons and leave no property to his daughters before they die. Therefore here, other heirs can take their rights by substituting a deed cancellation and registration case due to deceased collusion. Essentially, a person can transfer all his assets while he is alive. In other words, it is up to a person to spend his assets or not while he is alive. Therefore if the transfer is made to a third person, it must be proved that the purpose of the inheritance is to smuggle property from the heirs. The proof of this requires meticulous work. Again, if the immovables are left to the other heir, it must be proven to the Court that the sale is not based on a real will.
Deed cancellation and registration cases due to corrupt registration, for example, in cases where the seller does not have a legal capacity, and sales are made with a false power of attorney. Since the sale of the immovable property is a transaction depending on the cause, the transaction must be in accordance with the law.Therefore, if the seller does not have legal competence and the sale is made with a fake power of attorney, the record on the buyer is corrupt. Even if the corrupt registered owner is in good faith, the legal system does not protect the goodwill of this person and the registration on the person can be rejected with the cancellation registration case.
Finally, in cases of cancellation of the title deed due to the matrimonial home annotation, the deed is replaced against the person who bought the title deed, although he saw the matrimonial home annotation in the deed. Because if there is a matrimonial home annotation on the title deed, transfer is possible by obtaining the express consent of the spouse. Otherwise, the registration on the person who bought the real estate can be canceled.
Another dispute under real estate law is based on construction contracts in return for flat. First of all, disputes arise between the landowners and the contractor.Construction contracts in return for flat are the cases where the landlord wants to build a real estate on his land, but if he does not have sufficient economic status, he gives a share from the land to the contractor and the real estate is made by the contractor. The landowner and the contractor must first make a construction contract at the notary in return for flat. In this contract, it is determined how a real estate will be built, who will own the flat on which floor, how long the real estate will be completed by the contractor, and how much the lease will be paid by the contractor to the landowner who has to lease during the construction phase of the property.Disputes usually arise over these issues; the real estate is either not completed on time, the contractor is unable to fulfill the lease commitment he has given, does not make the real estate in accordance with the contract, or the landowner does not transfer the share of the plot to the contractor.Therefore, we would like to state that the most important issue in disputes between the parties of the contract is the content of the construction contract in return for flat. Therefore, if the land owner or contractors apply to a lawyer at the signing stage of the contract, the disputes may arise will be prevented.
Another case of disputes arising from construction contracts in return for flat arises from the flats that the contractor has sold to third parties from the project. Here, too, the contractor sells the flats left to him from the real estate to third parties in order to provide financing, and if he does not fulfill his obligations against the third person, lawsuits are filed. These are the contractors transfer of the same property to someone else or the contractors failure to transfer the property to the buyer although the property ownership has been established. In this case, the buyer can take the title deed by filing a lawsuit for the cancellation of the title deed or, in accordance with the principle of retributive justice, the purchasing power reached on the date of the case can be returned.
The said sales must be made in writing and stated that the receivable is deemed to be in the act of assignment and is valid, but the most important point here is that the buyer purchases the flat by examining the construction contract for the floor. Because we see that otherwise malicious contractors make sales from flats that would fall to the landowner. Therefore, it is worth noting that the sale of flats without examining the construction contract for flat makes the buyer sides job difficult.
Other issues to be addressed in real estate law are elimination of joint ownership cases and cases of determination of the ownership of the property.First of all, the action of elimination of joint ownership can be done by distributing the shares of the people who are stakeholders on a real property exactly, or, if this is not possible, by eliminating the partnership through sale. For the exact sharing, the real estate must be suitable for division. If this condition is not met, the partnership in the immovable property is eliminated through the sale. However, since the real estate will be sold at auction, it can be sold well below its value. Therefore, it may be more favorable for the stakeholders to agree and resolve the dispute.
Again, the case of determination of the ownership of the content is among the lawsuits we have undertaken as Arslan Law Firm. With the determination of the ownership of the content, the person requests the determination that he has built a building, apartment or structure of her own immovable property, or plants such as a tree or vineyard from scratch that he planted. The most common mistake we experience here is that people file a lawsuit by evaluating the useful expenses or add ons they have made to the immovable property. A lawsuit filed in this way is rejected on the grounds that the alleged ones are not covered and it is stated that a lawsuit should be filed according to the provisions of unjustified enrichment. Therefore, before filing such lawsuits, it is necessary to correctly determine whether it is an expense or a useful expense. Otherwise, a wrongly filed case will be lost.
In real estate law, we, as Arslan Law Firm, also provide services on issues such as title deeds, mortgage transactions, real and personal rights facilities, property acquisition by foreigners.