Real Estate Law

PROCESSES FOR DRAFTING CONTRACTS RELATING TO REAL ESTATE LAW

Sale Agreements: Drafting and ensuring the legal security of real estate sale promise agreements concluded between parties in property purchase and sale transactions.

Tenancy Agreements: Drafting, reviewing and renewing agreements governing the tenancy relationship between tenants and landlords.

Floor-for-Land / Commitment / Revenue Sharing Agreements: Drafting and negotiating agreements that regulate the rights and obligations between contractors and landowners in construction projects.

Pre-emption and Option Agreements: Drafting agreements granting pre-emption or option rights over real estate and ensuring their legal validity.

Amendment and Supplementary Agreements: Legal consultancy in situations where amendments to existing agreements or additional provisions are required.

Title Deed Cancellation and Registration Claims

Conducting proceedings for actions brought to correct erroneous or fraudulent title deed records:

• Correction of Erroneous Records: Bringing proceedings to correct erroneous entries made in the land registry.
• Registration Claims: Bringing and conducting the necessary proceedings to register the right of ownership over immovable property. In this process, determining the legal basis of the right of ownership and securing the necessary documents.

Unjust Enrichment Claims (Ecrimisil)

Protecting our clients’ rights in relation to compensation claims arising from unlawful occupation:

• Determination of Unlawful Occupation: Initiating the necessary legal process to determine the unlawful occupation of immovable property and to claim compensation. In this process, proving the unlawfulness of the occupation.
• Compensation Claims: Preparing compensation claims for damages arising from unlawful occupation and submitting them to the relevant court. Calculating compensation and remedying our clients’ losses.
• Case Management: Bringing unjust enrichment claims and effectively managing the litigation process. Implementing court decisions and protecting our clients’ rights.

Tenancy Disputes

Resolving disputes between tenants and landlords regarding rent, eviction or breach of contract:

• Rent Disputes: Resolving disputes between tenants and landlords regarding the determination or increase of rent. In this process, determining the rent in accordance with the law and conducting negotiations.
• Eviction Proceedings: Bringing and conducting eviction proceedings where a tenant acts in breach of the tenancy agreement or fails to pay rent. Implementing eviction orders and protecting our clients’ rights.
• Breaches of Contract: Initiating legal proceedings and resolving disputes where the tenancy agreement is breached by either the tenant or the landlord.

Flat Ownership Disputes

Legal resolution of disputes arising between block and residential complex management and flat owners:

• Management Disputes: Resolving management disputes arising between block and residential complex managements and flat owners. Bringing management plans into compliance with the law and resolving disputes.
• Service Charge and Expense Allocation: Resolving disputes arising between flat owners regarding the allocation of service charges and shared expenses. In this process, determining service charges in accordance with the law and arranging payments.
• Use of Common Areas: Legally resolving disputes arising regarding the use of common areas and any arrangements to be made therein.

Prevention of Encroachment and Restraining Order Claims

Proceedings brought to prevent interference with rights of ownership and to remedy unlawful encroachments:

• Prevention of Encroachment: Bringing proceedings to prevent interference with the right of ownership over immovable property. In this process, protecting the right of ownership and remedying unlawful interference.
• Restraining Orders: Initiating the necessary legal process to restrain interference in cases of unlawful encroachment. Implementing court orders and protecting our clients’ property rights.
• Compensation Claims: Preparing and submitting to the relevant court claims for compensation for damages arising from unlawful interference.

Legal Support in the Purchase and Sale of Immovable Property

We provide legal support to our clients in property purchase and sale transactions:

• Purchase and Sale Agreements: Drafting and reviewing agreements for property purchase and sale transactions. Bringing agreements into compliance with the law and protecting the rights of the parties.
• Title Deed Procedures: Conducting title deed procedures and making the necessary entries in the land registry during the purchase and sale of immovable property. Ensuring that title transfers are completed without issue.
• Tax and Duties: Providing legal support in calculating and paying any taxes and duties arising from property purchase and sale transactions.

COMPULSORY PURCHASE (EXPROPRIATION)

We provide comprehensive consultancy on expropriation proceedings and legal issues encountered during this process. Expropriation law requires the protection of property owners’ rights and the conduct of a fair process during compulsory purchase proceedings carried out in the public interest. The services we provide within this scope are set out in detail below:

Determination and Compensation of Expropriation Value

The protection of property owners’ rights is paramount during expropriation proceedings. In this regard:

• Determination of Expropriation Value: Conducting the necessary legal processes and reviewing expert reports to determine the expropriation value in accordance with the genuine market value of the property. At every stage of this process, all necessary legal steps are taken to ensure the property owner suffers no loss of rights.
• Compensation of Expropriation Value: The necessary legal steps are taken against the relevant authorities to ensure the expropriation value is paid in full and on time. Where the expropriation value is set too low or is not paid, recourse is made to legal action to remedy our clients’ grievances.

De Facto Expropriation Claims

Initiating legal proceedings to protect property owners’ rights and compensate their losses where the state encroaches upon private property without carrying out expropriation proceedings:

• De Facto Expropriation: Where the authority encroaches upon private property without the owner’s consent and without carrying out expropriation proceedings, compensation claims are brought to protect the property owner’s right of ownership. In this process, the necessary legal steps are taken to identify the property owner’s losses and secure fair compensation.
• Limitation Periods: The limitation and absolute time limits are monitored to ensure our clients do not lose their rights in cases of de facto expropriation. In these processes, clients are provided with accurate and effective legal advice.

Challenging and Annulling Expropriation Decisions

The protection of property owners’ rights and the conduct of a fair assessment are paramount in the process of seeking the annulment of expropriation proceedings through legal channels:

• Challenging Expropriation Decisions: Initiating the necessary legal processes for property owners to exercise their right to challenge decisions taken by the authority to expropriate. Within this scope, reviewing the lawfulness of the expropriation decision and making the necessary challenges.
• Annulment of Expropriation Proceedings: Bringing annulment proceedings against unlawful expropriation proceedings. In this process, reviewing the lawfulness of the expropriation decision, scrutinising administrative proceedings and conducting annulment proceedings to protect the property owner’s rights. In annulment proceedings, all necessary legal steps are taken to effectively defend our clients’ rights and obtain a fair decision.