Mediation in Real Estate and Co-Ownership Disputes in Turkey

Introduction

Real estate and co-ownership disputes are among the most complex and financially significant private law disputes in Turkey. These cases may involve jointly owned apartments, inherited land, commercial property, agricultural land, construction projects, title deed transfers, easements, rental income, unauthorised occupation, property expenses and the dissolution of co-ownership.

Since 1 September 2023, mediation has become a mandatory pre-litigation requirement for several important categories of property disputes in Turkey. In particular, disputes concerning the division of movable or immovable property and the dissolution of co-ownership must generally be submitted to mediation before a lawsuit is filed.

The relevant rules are primarily contained in Law No. 6325 on Mediation in Civil Disputes. Article 18/B of the law provides that applying to mediation before litigation is a condition of action in disputes concerning the division of movable and immovable property and the dissolution of co-ownership. The same provision also covers rental disputes, condominium disputes and disputes arising from neighbourhood rights. These rules have applied to lawsuits filed on or after 1 September 2023.

Turkish law also expressly recognises that disputes concerning the transfer of immovable property or the establishment of limited real rights may be resolved through mediation. However, settlements involving ownership transfers, usufruct rights, easements, mortgages or other registered property rights must comply with statutory formalities, restrictions and land registry requirements.

Real estate mediation therefore requires more than simply agreeing on a price or division method. The parties must consider title deed records, ownership shares, zoning restrictions, inheritance rights, agricultural land legislation, taxes, registration expenses, existing mortgages, attachments and the authority of the persons signing the settlement.

This article explains mediation in real estate and co-ownership disputes in Turkey, including mandatory mediation, dissolution of co-ownership, inherited property, physical division, sale of shares, real estate transfers, limited real rights, agricultural land, rental income, property expenses, settlement agreements and enforceability.

What Is Real Estate Mediation in Turkey?

Real estate mediation is a structured and confidential negotiation process in which an independent and impartial mediator assists the parties in resolving a property-related dispute.

The mediator does not act as a judge, land registry officer or property appraiser. The mediator cannot issue a binding judgment, transfer title ownership or force a co-owner to sell a share.

Instead, the mediator helps the parties:

• Identify the legal and practical issues;
• Clarify ownership and use disputes;
• Discuss possible division methods;
• Negotiate the sale of shares;
• Agree on compensation payments;
• Determine responsibility for property expenses;
• Resolve rental income claims;
• Establish a timetable for voluntary sale or transfer;
• Prepare a written settlement.

The parties remain in control of the outcome. A settlement becomes binding only if the parties voluntarily accept and sign its terms.

Real estate mediation may be mandatory or voluntary.

Mandatory mediation applies where legislation requires the parties to complete the mediation process before filing a lawsuit. Voluntary mediation may be used in other property disputes where the parties have legal authority to settle.

Mandatory Mediation in Co-Ownership Disputes

Disputes concerning the division of movable or immovable property and dissolution of co-ownership are subject to mandatory mediation under Article 18/B of Law No. 6325.

The Turkish legal concept commonly described as “dissolution of co-ownership” is known as ortaklığın giderilmesi or izale-i şuyu.

Co-ownership may arise through:

• Inheritance;
• Joint purchase;
• Marriage or family arrangements;
• Business partnerships;
• Construction projects;
• Transfer of shares;
• Court judgments;
• Long-standing family ownership.

Where co-owners cannot agree on the use, sale or division of the property, one or more owners may seek termination of the co-ownership relationship.

Before filing an action for dissolution of co-ownership, the claimant must generally apply to mediation and obtain a final mediation report.

Failure to complete mandatory mediation may result in procedural dismissal of the lawsuit without examination of the merits.

What Is Co-Ownership Under Turkish Law?

Co-ownership exists where more than one person holds rights over the same property.

Turkish property law distinguishes between different forms of co-ownership.

Shared Ownership

In shared ownership, each co-owner has a mathematically defined share in the property.

For example, one owner may hold one-half, while two other owners each hold one-quarter.

The share may be sold, transferred, inherited or encumbered, subject to applicable statutory restrictions and the rights of other owners.

Joint Ownership

Joint ownership commonly arises in inheritance relationships before the estate is divided.

The owners do not hold freely disposable, separate mathematical shares in each individual estate asset in the same way as ordinary shared ownership. Decisions and dispositions may therefore require collective action or completion of estate division procedures.

The legal form of ownership affects:

• Authority to sell;
• Representation;
• Use of the property;
• Distribution of income;
• Filing of claims;
• Settlement structure;
• Land registry procedure.

Before mediation, the title deed and inheritance records should be reviewed to determine the exact ownership structure.

Dissolution of Co-Ownership Through Physical Division

One method of ending co-ownership is physical division.

Physical division means separating the property into independent parts and allocating those parts to different owners.

This method may be possible where:

• The property can legally be divided;
• Zoning rules permit division;
• Each resulting parcel meets minimum requirements;
• The division does not cause significant loss of value;
• Access, infrastructure and use remain practical;
• Agricultural land restrictions are satisfied.

The parties may agree during mediation that:

• Each co-owner will receive a separate parcel;
• One owner will receive the building and another the land;
• Different independent units will be allocated to different owners;
• Equalisation compensation will be paid to address value differences.

A physical division agreement should identify:

• Block and parcel numbers;
• Area of each proposed parcel;
• Allocation to each party;
• Value differences;
• Equalisation payments;
• Surveying expenses;
• Zoning and subdivision approvals;
• Land registry obligations;
• Taxes and fees.

The parties should not assume that every property can be physically divided. Municipality, land registry, cadastral and agricultural rules may prevent the proposed division.

Dissolution of Co-Ownership Through Sale

Where physical division is impossible or economically unreasonable, co-ownership may be terminated through sale.

In court proceedings, the property may ultimately be sold and the sale proceeds distributed according to ownership shares.

Mediation provides more flexible alternatives.

The parties may agree that:

• One co-owner purchases the shares of the others;
• The property is sold privately to a third party;
• A real estate agent is jointly appointed;
• A minimum sale price is established;
• The property is sold within a specified period;
• An independent valuation is obtained;
• Sale proceeds are distributed after deducting agreed expenses.

A private sale negotiated through mediation may be more advantageous than a forced judicial sale because the parties may control the timing, marketing, sale price and buyer selection.

However, the settlement should regulate what happens if the property is not sold within the agreed period.

Possible provisions include:

• Reduction of the asking price;
• Appointment of another agent;
• Purchase right in favour of a co-owner;
• Commencement of court proceedings;
• Conversion to auction or another method.

Purchase of Shares by One Co-Owner

A common settlement solution is for one co-owner to purchase the shares of the others.

The agreement should specify:

• Exact shares to be transferred;
• Purchase price;
• Payment date;
• Deposit or advance;
• Title deed transfer date;
• Conditions for transfer;
• Responsibility for taxes and fees;
• Existing mortgages or attachments;
• Delivery of possession;
• Rental income up to the transfer date;
• Default consequences.

Payment and title transfer should generally be coordinated carefully.

A seller may not wish to transfer ownership before receiving payment. A buyer may not wish to pay the full price before title transfer.

The parties may consider:

• Simultaneous payment and registration;
• Bank-blocked payment;
• Escrow arrangements;
• Mortgage security;
• Advance payment with contractual protection;
• Penalty clauses for failure to attend the land registry appointment.

Inherited Real Estate Disputes

Inheritance is one of the most common sources of co-ownership disputes in Turkey.

After a person dies, multiple heirs may acquire rights over:

• Houses;
• Apartments;
• Land;
• Agricultural property;
• Commercial premises;
• Rental property;
• Family businesses;
• Movable assets.

Disagreements may arise because:

• One heir occupies the property;
• One heir collects all rental income;
• Some heirs wish to sell;
• Others wish to preserve the family property;
• The value of the property is disputed;
• Estate debts remain unpaid;
• Some heirs live abroad;
• A will or lifetime transfer is contested.

Mediation may allow heirs to agree on a comprehensive division plan.

For example:

• One heir may receive an apartment;
• Another may receive agricultural land;
• Another may receive cash equalisation;
• Rental income may be distributed;
• One heir may purchase the others’ shares;
• The entire property may be sold privately.

The Ministry of Justice’s specialised mediation material notes that a mediation settlement alone does not automatically complete title transfer in inheritance-related property matters. Registration and applicable formal requirements must still be followed.

Exclusive Use by One Co-Owner

A frequent dispute arises where one co-owner uses the entire property while excluding the others.

Examples include:

• One heir living in the inherited home;
• One co-owner operating a business in the property;
• One family member using agricultural land alone;
• One shareholder renting the property without consent;
• One owner preventing others from entering.

The excluded owners may raise claims concerning:

• Compensation for use;
• Rental income;
• Ecrimisil or occupation compensation;
• Delivery of possession;
• Access rights;
• Dissolution of co-ownership.

Mediation may resolve both the past financial claims and future ownership structure.

The parties may agree that:

• The occupying owner will pay monthly compensation;
• Previous use compensation will be settled;
• The property will be sold;
• A share purchase will occur;
• Use will continue for a limited period;
• Other owners will receive rental income;
• Possession will be delivered on a defined date.

The agreement should clearly distinguish between past compensation, future use payments and purchase price.

Rental Income Between Co-Owners

Jointly owned real estate may produce rental income.

Disputes may arise where one co-owner:

• Signs a lease without consulting others;
• Collects all rent;
• Refuses to provide accounting records;
• Pays expenses without approval;
• Keeps deposits;
• Renews the lease unilaterally.

Mediation can address:

• Validity and continuation of the lease;
• Distribution of past rent;
• Deduction of expenses;
• Future collection method;
• Appointment of a property manager;
• Deposit responsibility;
• Tax declarations;
• Sale of the property.

The settlement should identify:

• Tenant;
• Lease date;
• Monthly rent;
• Rental periods;
• Amount collected;
• Expenses deducted;
• Share payable to each owner;
• Future bank account.

Property Expenses and Reimbursement Claims

Co-owners may disagree over expenses relating to the property.

These may include:

• Property tax;
• Insurance;
• Maintenance;
• Structural repairs;
• Roof repairs;
• Utility debts;
• Building management fees;
• Security expenses;
• Agricultural costs;
• Improvement works;
• Legal expenses.

One co-owner may claim reimbursement after paying expenses for the benefit of all owners.

The others may argue that:

• The expense was unnecessary;
• The amount was excessive;
• No approval was obtained;
• The work benefited only one owner;
• The improvement increased personal use rather than property value.

Mediation may allow the parties to separate necessary preservation expenses from optional improvements.

The agreement should state:

• Nature of each expense;
• Supporting invoice;
• Date of payment;
• Share payable by each owner;
• Whether reimbursement will be deducted from sale proceeds;
• Whether future approval is required.

Real Estate Valuation in Mediation

Valuation is often the central issue in property mediation.

The parties may have significantly different views concerning market value.

Valuation may be influenced by:

• Location;
• Zoning status;
• Building age;
• Floor and orientation;
• Rental income;
• Development potential;
• Agricultural productivity;
• Access to roads;
• Existing tenants;
• Mortgages and attachments;
• Structural condition;
• Comparable sales.

The parties may jointly appoint:

• A licensed valuation company;
• A real estate appraiser;
• A surveyor;
• An agricultural expert;
• A construction engineer.

The mediator does not determine value unless separately authorised in another professional capacity and legally permitted. The parties should rely on independent expertise where necessary.

A valuation clause should explain:

• Who appoints the expert;
• Who pays the fee;
• Valuation date;
• Whether the valuation is binding;
• Whether a second appraisal is allowed;
• How major differences will be resolved.

Real Estate Transfer Through Mediation

Law No. 6325 expressly recognises that disputes concerning transfer of immovable property or establishment of limited real rights are suitable for mediation.

This means that parties may negotiate and settle disputes concerning:

• Transfer of ownership;
• Transfer of co-ownership shares;
• Registration obligations;
• Usufruct rights;
• Right of residence;
• Easements;
• Mortgages;
• Other limited real rights.

However, the mediation settlement itself does not automatically replace land registry formalities.

Ownership of immovable property generally passes through registration in the land registry.

The settlement document should therefore be designed to support and require the necessary official registration process.

Article 17/B and Real Estate Settlements

Article 17/B of Law No. 6325 regulates mediation in disputes concerning transfer of immovable property and establishment of limited real rights.

Under this framework, the parties may agree to place an annotation in the land registry limiting dispositions during the mediation process, subject to statutory conditions.

If the parties reach a settlement, the agreement must be prepared in compliance with the restrictions, procedures and principles contained in legislation governing the transfer of the property or creation of the relevant real right.

The official Ministry of Justice guidance emphasises that real estate mediation agreements must observe all applicable statutory limitations and formal requirements.

Enforceability Annotation for Real Estate Agreements

Agreements concerning transfer of immovable property or establishment of limited real rights require an enforceability annotation.

A settlement signed by the parties, lawyers and mediator is not sufficient by itself to bypass the special court review required for these real estate matters.

The court examines whether:

• The subject matter is suitable for mediation;
• The property is properly identified;
• The agreement is capable of enforcement;
• Legal restrictions are respected;
• The parties and representatives have authority;
• Registration is legally possible.

After the enforceability annotation is obtained, the parties may proceed with the required land registry procedures.

The agreement should not state merely that “the property will be transferred.”

It should contain:

• Province;
• District;
• Neighbourhood or village;
• Block number;
• Parcel number;
• Independent unit number;
• Ownership share;
• Type of right;
• Transfer price;
• Registration deadline;
• Responsible party;
• Taxes and expenses;
• Consequences of non-attendance.

Limited Real Rights

A limited real right gives a person certain legally protected powers over property without transferring full ownership.

Examples may include:

• Usufruct;
• Right of residence;
• Easement;
• Right of passage;
• Mortgage;
• Construction right;
• Source right.

Mediation may be used to resolve disputes concerning creation, modification or termination of these rights.

For example, neighbours may agree to establish a right of passage. Family members may agree that one person will receive ownership while another retains lifelong usufruct. A creditor and property owner may agree to create a mortgage securing settlement payments.

The agreement must satisfy the legal requirements applicable to the relevant right and be suitable for land registry registration.

Agricultural Land Disputes

Agricultural land requires special attention.

Turkish legislation imposes restrictions concerning:

• Minimum agricultural land size;
• Division of parcels;
• Transfer of shares;
• Consolidation;
• Agricultural integrity;
• Reform areas;
• Irrigated land;
• Inheritance of agricultural property.

The Ministry of Justice issued a specific warning in April 2025 concerning mediation settlement agreements involving agricultural land. The announcement states that mediators must observe restrictions under Law No. 3083 on Agricultural Reform in Irrigation Areas and Law No. 5403 on Soil Conservation and Land Use.

A settlement that violates agricultural land restrictions may not be registered or enforced.

Before signing an agricultural property agreement, the parties should review:

• Current title deed;
• Land classification;
• Minimum parcel rules;
• Agricultural ministry restrictions;
• Existing annotations;
• Irrigation area status;
• Inheritance requirements;
• Eligibility of the transferee.

Condominium Disputes

Disputes arising under the Condominium Law are also subject to mandatory mediation under Article 18/B.

These disputes may concern:

• Common expenses;
• Building management decisions;
• Use of common areas;
• Parking spaces;
• Roofs and terraces;
• Unauthorised construction;
• Façade changes;
• Elevator costs;
• Appointment of managers;
• Noise and nuisance;
• Use contrary to the management plan.

Although condominium disputes are not always co-ownership dissolution cases, they frequently involve shared property interests.

Mediation may produce practical solutions concerning:

• Expense allocation;
• Removal of unauthorised structures;
• Use schedules;
• Parking arrangements;
• Access to common areas;
• Payment plans;
• Amendment of management practices.

Neighbourhood Rights

Disputes arising from neighbourhood rights are also subject to mandatory mediation before litigation.

Neighbourhood disputes may involve:

• Right of passage;
• Boundary use;
• Tree branches and roots;
• Water flow;
• Noise;
• Smoke;
• Odour;
• Vibration;
• Construction disturbance;
• Obstruction of access;
• Interference with ordinary use.

Real estate and neighbourhood disputes often overlap.

For example, a property owner may require a passage over neighbouring land. Another owner may allege that a building extension crosses the boundary. Apartment owners may complain about commercial activity causing excessive disturbance.

Mediation allows the parties to create practical arrangements such as:

• Defined access routes;
• Use hours;
• Maintenance obligations;
• Compensation;
• Construction modifications;
• Noise limitations;
• Creation of an easement.

Rental Disputes Connected With Co-Ownership

Rental disputes are separately subject to mandatory mediation, except for qualifying non-judicial eviction proceedings under enforcement law.

Co-owned property may create questions such as:

• Which owner signed the lease?
• Were all owners represented?
• Who receives rent?
• Can one owner demand eviction?
• Who returns the deposit?
• How are repair expenses allocated?
• What happens after one share is sold?

A comprehensive mediation may address both the rental relationship and the co-ownership dispute.

The parties may agree that:

• The lease will continue;
• Rent will be deposited into a joint account;
• One owner will manage the property;
• The tenant will leave on a specified date;
• The property will be sold after eviction;
• The deposit will be allocated among owners.

Construction and Real Estate Development Disputes

Real estate mediation may also involve:

• Land-for-flats construction contracts;
• Preliminary sale agreements;
• Contractor delays;
• Missing independent units;
• Defective construction;
• Title transfer obligations;
• Revenue-sharing projects;
• Urban transformation agreements;
• Partnership development projects.

Some of these disputes may also qualify as commercial, consumer or construction disputes.

The applicable mandatory mediation category depends on:

• Identity of the parties;
• Nature of the contract;
• Remedy requested;
• Whether the claim is monetary;
• Whether title transfer is sought.

Construction-related real estate settlements must comply with any mandatory official form requirements. Ministry of Justice specialist material notes that contracts involving obligations to transfer real estate may be subject to formal validity rules.

How to Apply for Real Estate Mediation

The application is generally submitted to the mediation office at the courthouse within the jurisdiction of the competent court.

The applicant should provide:

• Full identity of all parties;
• Contact details;
• Title deed information;
• Ownership shares;
• Property address;
• Block and parcel numbers;
• Nature of the dispute;
• Requested division or sale method;
• Information about pending lawsuits;
• Rental and income records;
• Inheritance documents;
• Relevant contracts.

Correct identification of every necessary co-owner is essential.

A dissolution of co-ownership dispute usually affects all owners. Omitting an owner may prevent a complete settlement and complicate later litigation.

Documents to Prepare

The following documents may be required:

• Current title deed record;
• Inheritance certificate;
• Population records;
• Cadastral plan;
• Zoning documents;
• Valuation report;
• Lease agreement;
• Rental payment records;
• Property tax records;
• Expense invoices;
• Management plan;
• Building management records;
• Mortgage and attachment records;
• Agricultural land documents;
• Powers of attorney;
• Company authority documents.

Foreign owners may also need:

• Passport;
• Tax number;
• Apostilled power of attorney;
• Sworn Turkish translation;
• Company registration documents.

Participation of Foreign Property Owners

Foreign individuals and companies may participate in Turkish real estate mediation.

A foreign owner may be represented by a Turkish lawyer holding an appropriate power of attorney.

The power of attorney may require express authority for:

• Mediation;
• Settlement;
• Sale;
• Purchase;
• Title deed transfer;
• Mortgage;
• Release;
• Registration;
• Receipt of payment.

Documents executed abroad may require:

• Notarisation;
• Apostille;
• Consular legalisation;
• Sworn translation.

Foreign parties should also consider restrictions on foreign ownership, military zones, citizenship-related investments, tax and currency rules.

Duration of the Mediation Process

Mandatory mediation under Article 18/B is intended to be completed within the statutory period applicable to these disputes.

The mediator contacts the parties, conducts negotiations and prepares the final report.

The process may end because:

• Full agreement is reached;
• Partial agreement is reached;
• No agreement is reached;
• A party cannot be contacted;
• A party refuses to continue;
• A party fails to attend;
• Continuation becomes legally impossible.

Official templates for mandatory agreement and non-agreement reports are published by the Ministry of Justice.

Limitation and Filing Periods

The mediation period has legal effects on limitation and forfeiture calculations.

However, parties should not delay their applications.

Real estate claims may involve different limitation rules depending on whether the dispute concerns:

• Ownership;
• Contractual payment;
• Rental income;
• Occupation compensation;
• Construction obligations;
• Inheritance;
• Unjust enrichment;
• Expense reimbursement.

A lawyer should identify each claim separately.

A co-ownership dissolution claim may have different timing characteristics from a past rental income or occupation compensation claim.

Confidentiality

Real estate mediation is confidential.

The process may involve sensitive information such as:

• Property valuations;
• Family disputes;
• Financial difficulties;
• Proposed sale prices;
• Tax information;
• Inheritance arrangements;
• Commercial development plans;
• Settlement offers.

Settlement proposals and statements made specifically during mediation are generally protected.

However, pre-existing documents such as title deeds, contracts, invoices and valuation reports do not become unusable merely because they were discussed in mediation.

Drafting the Settlement Agreement

A real estate mediation settlement should be detailed and technically precise.

It should include:

• Full identity of the parties;
• Ownership shares;
• Complete property information;
• Nature of the dispute;
• Agreed solution;
• Purchase or sale price;
• Payment method;
• Registration date;
• Possession delivery;
• Rental income;
• Property expenses;
• Taxes and charges;
• Mortgages and attachments;
• Default consequences;
• Enforceability procedure;
• Pending court proceedings;
• Scope of release.

Payment and Title Transfer

Where the settlement includes a property transfer, the agreement should coordinate payment and registration.

The parties should consider:

• Advance payment;
• Simultaneous transfer and payment;
• Escrow;
• Bank-blocked funds;
• Mortgage security;
• Penalty for non-attendance;
• Refund of advance upon default.

The agreement should state what happens if:

• The buyer does not pay;
• The seller does not attend the land registry;
• Registration is refused;
• A new attachment appears;
• The property information is inaccurate;
• Official approval cannot be obtained.

Taxes, Fees and Expenses

Real estate settlements may involve:

• Title deed fees;
• Revolving fund charges;
• Capital gains tax;
• Inheritance and transfer tax;
• Stamp tax;
• Valuation expenses;
• Surveying expenses;
• Mediator fees;
• Lawyers’ fees;
• Notary fees;
• Translation costs.

The agreement should clearly allocate these expenses.

A general statement that “all costs belong to the buyer” may not address tax obligations legally imposed on another party.

Enforceability

A real estate mediation settlement must be both legally valid and capable of enforcement.

Where the agreement concerns only payment between co-owners, ordinary enforceability rules may apply.

Where it concerns transfer of ownership or establishment of a limited real right, an enforceability annotation and compliance with land registry requirements are necessary.

The court’s review does not cure an impossible or unlawful agreement.

For this reason, registration restrictions should be checked before signature, not after the settlement is concluded.

What Happens If No Agreement Is Reached?

If the parties do not settle, the mediator prepares a final non-agreement report.

The claimant may then file:

• An action for dissolution of co-ownership;
• A claim concerning rental income;
• An occupation compensation claim;
• A property expense reimbursement claim;
• A condominium lawsuit;
• A neighbourhood rights action;
• Another appropriate property claim.

The final report must be submitted in accordance with procedural rules where mediation is a condition of action.

The court will then examine the legal and factual issues and may order physical division, sale, payment, removal of interference or another lawful remedy.

Advantages of Real Estate Mediation

Private Sale Instead of Forced Sale

The parties may obtain a better market price.

Flexible Division

Different properties or compensation payments may be allocated.

Preservation of Family Relationships

Inheritance disputes may be resolved without prolonged hostile litigation.

Faster Resolution

Court-based partition and sale proceedings may be lengthy.

Lower Costs

The parties may reduce appraisal, auction, court and expert expenses.

Confidentiality

Property values and family arrangements remain private.

Practical Solutions

The parties can agree on management, rental income, use or future sale.

Risks of Real Estate Mediation

Incorrect Valuation

A party may transfer a share below market value.

Missing Owners

The settlement may not resolve the entire co-ownership relationship.

Registration Restrictions

The land registry may reject an unlawful transfer.

Agricultural Land Rules

Division or transfer may violate statutory limits.

Existing Mortgages and Attachments

The buyer may acquire a burdened property.

Unclear Payment Terms

The seller may transfer without receiving payment.

Unauthorised Representatives

The agreement may be challenged.

Broad Releases

Rental income or occupation claims may be waived unintentionally.

The Role of a Turkish Real Estate Mediation Lawyer

A Turkish real estate mediation lawyer may assist by:

• Determining whether mediation is mandatory;
• Reviewing title deed records;
• Identifying all owners and heirs;
• Examining ownership shares;
• Checking mortgages and attachments;
• Reviewing zoning and agricultural restrictions;
• Calculating rental and expense claims;
• Coordinating valuation;
• Negotiating share transfers;
• Drafting payment security;
• Preparing a registrable settlement;
• Obtaining the enforceability annotation;
• Coordinating the land registry process;
• Filing litigation if mediation fails.

Foreign clients may also require assistance with powers of attorney, translations, tax numbers and title deed procedures.

Frequently Asked Questions

Is mediation mandatory before a dissolution of co-ownership lawsuit?

Yes. Disputes concerning division of movable or immovable property and dissolution of co-ownership are generally subject to mandatory mediation.

Can one co-owner force the others to settle?

No. Participation in the mandatory process is required, but settlement remains voluntary.

Can the parties agree that one owner will buy all other shares?

Yes. The agreement must clearly regulate the shares, price, payment and registration.

Does signing the mediation agreement transfer ownership?

Not by itself. Title transfer requires compliance with the applicable land registry and enforceability procedures.

Can agricultural land be divided through mediation?

Only where the proposed division or transfer complies with agricultural land legislation.

Can rental income disputes be settled together with co-ownership?

Yes. The parties may include both ownership and financial claims in a comprehensive settlement.

Is an appraisal mandatory?

Not always, but an independent appraisal may reduce valuation disputes.

Can a foreign owner participate remotely?

Yes. A foreign owner may participate online or through an authorised Turkish lawyer.

Is the settlement enforceable?

It may become enforceable under Law No. 6325. Agreements involving ownership transfer or limited real rights require special court and registration procedures.

What happens if mediation fails?

The claimant may file the appropriate property lawsuit after obtaining the final report.

Conclusion

Mediation in real estate and co-ownership disputes in Turkey has become an essential procedural and strategic mechanism.

Since 1 September 2023, disputes concerning the division of movable and immovable property and dissolution of co-ownership have generally been subject to mandatory mediation before litigation.

This framework applies to many disputes arising from:

• Inheritance;
• Shared ownership;
• Joint purchases;
• Family property;
• Rental income;
• Exclusive occupation;
• Property expenses;
• Condominium ownership;
• Neighbourhood rights.

Mediation offers solutions that are often more flexible than a court judgment.

The parties may agree on:

• Physical division;
• Private sale;
• Purchase of shares;
• Equalisation compensation;
• Distribution of rental income;
• Continued use;
• Voluntary delivery;
• Creation of limited real rights.

However, real estate settlements require careful legal and technical preparation.

The parties must examine:

• Title deed records;
• Ownership form;
• All necessary parties;
• Property value;
• Zoning;
• Agricultural restrictions;
• Mortgages and attachments;
• Registration requirements;
• Taxes and fees;
• Payment security.

A mediation settlement concerning property ownership does not automatically transfer title. Agreements involving transfer of immovable property or establishment of limited real rights must comply with Article 17/B of Law No. 6325, obtain the required enforceability annotation and complete the relevant land registry procedures.

Agricultural land requires particular care because settlement terms must comply with statutory rules governing minimum parcel sizes, transfer limitations and agricultural integrity.

A poorly drafted agreement may be impossible to register or enforce. A well-prepared agreement can end years of family, inheritance or commercial conflict and allow the parties to control the value, timing and structure of the resolution.

An experienced Turkish real estate mediation lawyer can identify the correct procedure, verify ownership, protect payment and registration obligations and prepare a settlement capable of effective implementation.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish property, inheritance, agricultural land, mediation and land registry legislation may change. Each dispute must be evaluated according to its specific title deed records, parties, claims and the legislation in force on the relevant date.