Property Lawyer in Muğla

Subject to statutory restrictions, citizens of countries designated by the President may acquire immovable property and limited rights in rem. The total area acquired may not exceed ten per cent of the privately owned area of the district, and thirty hectares per person nationwide. Restrictions relating to military forbidden zones, military security zones and strategic areas apply in addition and are checked separately.

You cannot tell from the title deed. The land registry carries out the enquiry as part of the transfer process, using maps and coordinates supplied by the Ministry of National Defence and the Ministry of the Interior. This is one of the reasons why paying a deposit before the enquiry is completed is risky: if the plot turns out to be restricted, the transfer cannot proceed and recovering the deposit becomes a separate dispute.

Foreign nationals and foreign commercial companies that buy land without a structure must submit the project they intend to develop to the relevant Ministry for approval within two years. The approved project, with its start and completion dates, is recorded in the declarations section of the land register and progress is monitored by the Ministry. Where the obligation is not met, the property may be liquidated and converted into money, with the proceeds paid to the owner.

No. A contract intended to transfer ownership of immovable property is valid only in official form. A private written agreement does not transfer ownership and cannot be used to force a transfer at the land registry, no matter how much detail it contains or how much has been paid. It will normally only support a claim to recover the money. Ownership passes on registration at the land registry.

It is a preliminary contract by which the parties undertake to complete a transfer at the land registry later, and it is executed before a notary. If it is annotated on the land register, your right can be asserted even if the property is transferred to a third party. Without the annotation, the right binds only the other contracting party — which usually means no practical remedy once the property has been sold on. The annotation is the point of the exercise.

Yes. The declared price is what the courts take as the basis unless the contrary is proved. If the sale is later annulled, or if a pre-emption right is exercised, the amount recoverable or payable is measured against that figure. Understating it also carries its own legal and financial consequences. Paying through a bank, with the property identified in the payment description, is the simplest way to keep the evidence straight.

The whole title register entry: ownership, co-owners if the property is jointly held, mortgages, attachments, usufruct, family residence annotations, promise-to-sell annotations and everything in the declarations section. Then the zoning status, building permit and occupancy certificate from the municipality, whether the building is under condominium ownership, and the management plan if there is one. For foreign buyers, the military and security zone position is checked in addition.

Legally yes, but the mortgage stays on the property and the creditor can force a sale if the debt is not paid. In practice the transfer is structured so that part of the price is paid directly to the mortgagee and the mortgage is discharged at the same time as the transfer, or the transfer is made conditional on discharge. If that mechanism is not written into the agreement, the buyer can end up owning the debt as well as the property.

Where a property is used as the family home, the spouse who owns it cannot transfer it or restrict the rights over it without the express consent of the other spouse. A transaction made without that consent is invalid. The annotation makes the protection visible on the register, but the protection itself arises from the law even where no annotation has been made. For that reason a seller's marital status and the actual use of the property are checked on residential purchases.

Any co-owner may ask for the property to be divided, unless there is an obligation to continue joint ownership. The court first examines whether division in kind is possible; if it is not, it orders the property to be sold and the proceeds distributed. The sale is by public auction through the enforcement office and in practice often realises less than market value, which is why a negotiated solution is worth exploring first. Mandatory mediation applies before such an action.

Where one co-owner sells their share to a third party, the other co-owners have the right to buy that share on the same terms. The sale must be notified to the other co-owners through a notary by either the buyer or the seller. The right lapses three months after notification and in any event one year after the sale. These periods were amended by Law No. 7571 of 24 December 2025; the previous two-year long-stop has been reduced to one year.

No. It cannot be used in sales under the State Tender Law or in sales by compulsory auction. It also lapses where the holder has renounced it in official form with an annotation on the land register. Renunciation in respect of a particular sale is subject only to written form and may be made before or after that sale. A transfer that is not a sale — a gift, for example — does not trigger the right at all.

Where the property was bought from a developer, the rules on contracts for work and liability for defects apply; for second-hand purchases the sale provisions apply. What matters is whether the defect was apparent on delivery, and whether the inspection and notification obligations were met within their periods. Longer periods apply where there is gross fault or where the defect was deliberately concealed. Documenting the defect on the day it is found is the single most useful step.

Yes, where the registration rests on an unlawful transaction. The grounds seen most often are simulated transfers made to keep assets from heirs, lack of legal capacity at the date of the transaction, abuse of a power of attorney, fraud and duress, and errors originating in zoning or cadastral processes. The action is brought in the civil court of first instance where the property is located, and the burden of proof lies on the claimant.

A general power of attorney is not sufficient for a property transaction; specific authority is required. Where an attorney abuses that authority — transferring the property at an undervalue or to a relative — a title annulment action lies, and the good faith of the third party becomes decisive. Keeping the scope of the power narrow, and notifying the land registry and the notary immediately on revocation, materially reduces the risk.

The State is liable for all damage arising from the keeping of the land register, and recovers from the officials at fault. Actions concerning that liability are heard in the court where the register is kept. The liability does not depend on proving fault: it is enough that the register was kept incorrectly and that a person relying on it suffered loss. For a buyer relying in good faith on the register, this is a significant protection.

Within thirty days of the notification, or of the newspaper announcement where notification could not be made, you may bring an annulment action against the expropriation in the administrative courts and an action for correction of material errors in the civil courts. If no annulment action is shown to have been brought within that period, the expropriation becomes final and the property is registered in the name of the administration at the price fixed by the court. Co-owners each have a right of action.

Where no agreement is reached by purchase, the administration applies to the civil court of first instance where the property is located to have the price fixed and the property registered in its name. The court first invites the parties to agree a price; if they do not, it holds a site inspection with a panel of experts. The registration order is final, but the parties keep their right to appeal on the price — so registration does not mean the price has been accepted.

Succession is governed by the national law of the deceased, but Turkish law applies to immovable property located in Turkey. This means the Turkish property in an estate may devolve differently from the rest of it. Provisions on the opening, acquisition and distribution of the estate follow the law of the country where the estate is located. Because of this split, the applicable law should be established before any certificate of inheritance is obtained.