Real Estate Law: Fundamental Concepts, Development, and Legal Framework
Real Estate Law: Fundamental Concepts, Development, and Legal Framework Real estate law is a branch of law that regulates the ownership, use, operation, and other real property-related matters. This legal field encompasses various topics, such as ownership, mortgages, property registration procedures, lease law, expropriation, and other real estate transactions. This article will provide information about the fundamental concepts of real estate law, its development, and the legal framework in Turkey, as well as international agreements.
The right of ownership is a fundamental right that grants the owner of real property complete and unrestricted control and disposal over the property. This right includes the ability of the property owner to use, transfer, lease, and otherwise deal with the property as they wish.
Mortgage refers to the use of real property as collateral for a debt. Banks or lenders have the right to sell the property if the debt is not repaid.
Property registration (title deed) is an official record that documents ownership and rights over real properties. The property registry contains information about property ownership, any mortgages placed on the property, and other essential details.
Lease law governs the relationships between tenants and property owners. It includes obligations and rights, such as rent payments, rent increases, and the termination of lease agreements for both tenants and property owners.
Expropriation law regulates the state’s authority to expropriate private property for public purposes and the associated processes. Expropriation processes ensure that property owners receive fair compensation while allowing for the implementation of public projects with due respect to private property rights.
Roman law laid the foundations for real estate law. Roman law developed fundamental principles and concepts related to property rights, property transfers, and the use of real properties. In the Middle Ages, land ownership and land use were associated with complex systems such as feudalism and feudal structures in Europe. During this period, real estate law gained importance as a part of feudal relations. In the 19th and 20th centuries, with the development of modern legal systems, real estate law became even more complex and subject to detailed legal regulations. Detailed legal regulations were introduced in areas such as property registration, property transfers, lease law, and expropriation.
The Turkish Civil Code, Land Registry Law, Zoning Law, and Expropriation laws are fundamental legal texts covering real estate law topics, including property rights and property transfers.
On the international level, the European Convention on Human Rights protects the right to property and prevents its misuse. This convention is overseen by the European Court of Human Rights. The Universal Declaration of Human Rights by the United Nations recognizes and protects the right to property as part of human rights. These two agreements, among many other international regulations, are fundamental texts that protect property rights.
Real estate law experts provide legal advice to resolve property-related disputes. These disputes can involve issues such as property rights violations, incorrect property registry records, or problems related to neighboring properties. Additionally, real estate law experts engage in various tasks, including facilitating the sale and transfer of real properties, updating property records, preparing contracts, working with banks and lending institutions to manage mortgage processes, thereby securing credit collateral, offering advice on lease transactions, providing consultancy on the expropriation of real properties for public projects, ensuring property owners receive fair compensation, simplifying the execution of public projects, monitoring property registry procedures, and making applications to update property records, and offering legal advice on other real estate law matters, evaluating potential risks and opportunities.
In conclusion, real estate law experts play a crucial role in protecting property owners’ rights and guiding legal processes smoothly.
