Last Updated on 27 December 2021 by Okyanus Hukuk
A lawyer, who is an important element of the trial phase, is a person who has experienced the legal process and has passed his education and carries out legal activities to protect and defend the legal rights of the persons he represents before the law. The lawyer provides the necessary legal assistance in order to prevent the loss of rights in legal proceedings and disputes encountered by providing legal consultancy, which is not only in the judicial activity, but in all areas of life.
There is no legal specialization in the legal profession. In other words, there is no real estate lawyer, criminal lawyer, divorce lawyer and other legal expertise. However, lawyers can concentrate on their preferred field and provide legal support to proceedings and disputes arising from their preferred field. For this reason, lawyers are referred to in practice with the field they prefer and specialize in. For example, real estate lawyer and criminal lawyer can be given. Real estate lawyer is a term used for lawyers specializing in real estate law and expresses that the lawyer has a good command of real estate law.
What are the Duties of a Real Estate Lawyer?
Real estate means permanently or immovable in terms of the word meaning. Real estate law attorney also acts as an attorney in all legal transactions that directly or indirectly concern real estate. The most basic duty of a real estate lawyer; He carries out his attorneyship activities in line with the interests of his client and to protect the legal rights of the person he represents. From this point of view, the other duties of the real estate lawyer can be listed as follows:
- It carries out the process of establishing the rights to be established on the immovables.
- Manages the establishment and removal of mortgages.
- It makes the necessary defense by making the applications related to the title deed cancellation and registration case, the case for the correction of the title registration.
- It ensures that the land registry records are established in accordance with the law by following the process of foreigners acquiring property in Turkey.
- He follows the cases of suit of partition and co-ownership agreement.
- Sues for land encroachment case and follows it.
- It carries out cases such as the right of pre-emption, the right to repurchase, the right to purchase.
The above-mentioned advocacy activities are only a part of the legal proceedings and lawsuits carried out by the real estate lawyer. Real estate lawyer takes an active role in all kinds of processes related to real estate and title deed.
Legal Consultancy in Real Estate Law
The real estate lawyer not only provides the necessary legal support in the process of bringing the disputes arising from the real estate law to the judiciary, but also carries out his legal activities by providing legal consultancy to individuals and companies in all kinds of processes arising from this field. Legal consultancy refers to a very comprehensive consultancy. It is a consultancy that includes how the person or company should act in any legal situation, the process of documents, the statute of limitations and foreclosure periods, the necessary applications and authorities and other issues.
Turkey Real Estate Lawyer
Considering both its population and its commercial and social life, Turkey is a very active country. In Turkey, which is one of the countries where the real estate sector is progressing the fastest, there is a need for an expert real estate lawyer who is well-versed in real estate law and has experience with precedent cases. Real estate lawyers which are especially needed by foreigners, provides litigation and legal consultancy services for both individuals and companies.
Real Estate Lawyer Fee
If the person requests attorneyship or legal advice from a real estate law attorney, he/she has to pay attorney fees. Attorney’s fee is freely determined between the person and the lawyer. However, there is a minimum limit that is adhered to in determining the wage. This minimum amount is the bar association’s minimum wage tariff for lawyers. It is not possible to reach an agreement below the amount expressed in the tariff. A real estate lawyer evaluates many issues while determining the fee to be demanded in return for his legal service. It applies a fee as a result of the evaluation made from the workload and scope of the lawsuit to the other details of the process. Therefore, when it comes to real estate attorney’s fee, it is not possible to express a clear amount without evaluating the concrete case.
Importance of Real Estate Lawyer
In cases arising from real estate law, hiring a lawyer is not compulsory as a rule. Individuals can follow their current cases in person without the support of a lawyer. However, in practice, it is frequently encountered that in cases carried out in this way, people commit many faulty and negligent actions because they do not have a good grasp of real estate law, and therefore experience loss of rights that are difficult to compensate. It would be very appropriate to get legal help from a lawyer.