Types of Real Estate Litigation
Real estate law is a sub-branch of property law and its legal basis is the Turkish Civil Code, the Code of Obligations and other laws regulating real estate law. In practice, the most frequently encountered cases related to real estate law are title deed cancellation and registration cases, appropriation cases, prevention of seizure and ecrimisil cases and cases related to expropriation. Real estate lawsuits may arise from issues related to the ownership of real estate, as well as disputes regarding the lease or the rights granted in relation to real estate, for example, eviction lawsuits are lawsuits arising as a result of a dispute regarding the lease, that is, the right of use. On the other hand, the lawsuits arising from disputes arising from construction contracts in return for flats, which are frequently encountered in practice, can also be qualified as real estate lawsuits within real estate law.
How Long Do Real Estate Lawsuits Last
Real estate lawsuits do not have a specific, predictable and generally valid duration, it may be possible to estimate the duration of the lawsuit according to the type of real estate lawsuits. For example, a land deed cancellation and registration case may continue for two years or longer depending on the number of owners, the workload of the court, whether the case is well followed and a number of other factors. For this reason, in order to estimate the duration of a real estate case, the type of case, the number of owners, the court and the city where the case will be heard should be analyzed, but in the light of this information, it will be possible to make an insightful time estimate.
Real Estate Lawsuits and Judicial Procedures
The trial procedure in real estate cases may vary in two ways as simple trial procedure or written trial procedure depending on the type of the case, in the same way, the trial procedures consist of the procedures related to the collection of the evidence required to prove the matter claimed and according to the type of the case. For example, in the majority of real estate cases, since discovery evidence is relied on and necessary for proof, discovery is carried out, likewise, depending on the type of case and the cause of the case, witnesses may be heard and expert examination may be carried out. All judicial proceedings are carried out as needed according to the type of real estate case, and the purpose of these judicial proceedings is to ensure the conclusion of the case.
Statute of Limitations in Real Estate Cases
There is no general statute of limitations for real estate cases, there is a separate statute of limitations for each type of case. For example, while the statute of limitations is 5 years in ecrimisil cases, there is no statute of limitations in title deed cancellation and registration cases due to collusion, that is, the reason for the lawsuit gains importance when evaluating the statute of limitations in real estate cases, in the example given above, there is no statute of limitations since the lawsuit was filed due to collusion. Likewise, if the cause of the lawsuit arose in the form of a receivable arising from the contract, it would be subject to a 10-year statute of limitations, as in construction contracts in return for flats. Therefore, there is no single statute of limitations for all cases in real estate cases, and the statute of limitations varies according to the cause and sometimes the subject matter of each case.
Mediation in Real Estate Litigation
Mediation in real estate cases may be mandatory according to the type of case, but not all types of cases are covered by mandatory mediation. For this reason, the obligation to apply to the mediator should be evaluated according to the type of case and if there is a dispute within the scope of mandatory mediation, then mediation should be applied. For example, since mediation has become mandatory in the eviction cases we frequently encounter, mediation must be initiated before filing a lawsuit, but on the other hand, since mediation is not mandatory in the deed cancellation and registration case due to collusion, a lawsuit can be filed directly. Since the scope of mandatory mediation is expanded every year, it should be checked whether there is a mandatory mediation obligation for that dispute before filing a lawsuit to resolve the current dispute.
Attorney Fees in Real Estate Lawsuits
The attorney’s fee in real estate cases may vary depending on the type of case, the circumstances of the case, the court where the case will be heard, i.e. the city where the case will be heard and the time the case will be filed. It is not possible to determine a standard fee, but to give an idea, the minimum fee tariff for attorneys issued by the Istanbul Bar Association for each judicial year can be examined. On the other hand, the fee standard of each lawyer may differ, so it is the healthiest way to consult with a real estate lawsuit lawyer for the real estate lawsuit fee in accordance with your situation and conditions.
