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Real estate law in Turkey
Principles of ownership of immovable objects are
in general indentified in the Property Law section of the Civil Code.
Property law includes not only ownership, but also acquiring and transfer
of ownership, leasing the property and factors limiting property rights.
Ownership law in Turkey
According to the provisions of the Civil Code, every
piece of real estate will be recorded in the title deed register of the
place where it is located. The title deed is the official document which
shows who has ownership rights over the real estate and upon which the
owner's name and photograph appears.Any retsrictions which were placed
on the real estate while it belonged to previous owner may be applied
to the new owner after the transfer.
Purchase by foriegners law in Turkey
Ownership of real estate by foreigners in Turkey
is governed in general by the principles of political and de facto reciprocity.
According to the provisions of Title Deed Law no.2664, enacted 22 December
1934, a foreigner may purchase real estate in Turkey in keeping with the
restricting provisions of this law and on condition of reciprocity between
Turkey and his country of origin.It is also necessary to obtain permission
from the General Directorate of Title Deeds, Cadaster and Military.Sales
law in Turkey
According to the provisions of the Civil Code, every piece of real estate
will be recorded in the title deed register of the place where it is located
and a real estate sale will be legalised only by being recorded in this
register. The title deed, which is issued in the new owner's name, will
show that the property has changed hands. Any restrictions which were
placed on the real estate while it belonged to the previous owner may
be applied to the new owner after the transfer.
Sales by foriegners law in Turkey
In order for foreign nonresidents to sell real estate
which they own in Turkey, the sale price of such real estate must first
be calculated by the tax assessment commission. The actual sale price
must not he lower than this value nor more than a predetermined per cent
higher. Monies received as a result of a sale are subject to taxes and
blocking. However, provisions, brought on by the Foreign Capital Promotion
Law, are reserved.
Rental agreement law in Turkey
Leases are governed in general by the Law of Obligations
and in specific by Real Estate Rentals law no. 6579 of 18 May 1955. The
following points must be clearly specified in a lease: The names and addresses
of the lessor and lessee, the address and location of the rented property,
the purpose for which it will be used, the amount of rent, the date the
lease will become effective, and the period for which it is valid. In
practice, printed lease forms are usually filled in by the parties. Attention
must be paid that there are two copies of the lease, both signed, one
copy to remain with each party. Leases may also be drawn up by a notary
public, but this is not mandatory.
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