What is the right of pre-emption in Turkey and its uses?

What is the Right of Pre-emption in Turkish Law?

The right of pre-emption is a legal right recognized by law, mostly related to real estate, and its purpose is to protect the interests of people who own a share of or are neighbors to such properties.

In Turkey, the right of pre-emption refers to properties in which more than one person or legal entity owns a share. When one of the partners wishes to sell part or all of their share in the property, the other partners with an interest have the priority right to purchase the part intended for sale.

Thus, the right of pre-emption is related to shared ownership, regardless of the type or nature of the property, whether it is land, a residence, or a factory...

The Right of Pre-emption in Turkey and Who Can Use It

From the above, it is clear that the right of pre-emption is a right of the partners in the property, and it is mandatory for them if its conditions are met.

In short, anyone who is an interested partner has the right of pre-emption.

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Conditions for the Right of Pre-emption in Turkey

Turkish law has set certain regulations governing the right of pre-emption, most of which are derived from Swiss law, in addition to later amendments. The most important of these conditions are:

1. The right of pre-emption and priority cannot be used if the sale is not based on the free will of the shareholders in the property.
2. Waiving the right of pre-emption must be official and submitted to the land registry. The withdrawal from pre-emption for a specific sale must be in writing and can be done before or after the sale.
3. The seller must notify the other interested parties of the sale through a notary.
4. The right of priority ends three months from the date the partners are notified of the sale, or in any case, two years after the sale.

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How to File a Case Regarding the Right of Pre-emption?

As previously explained, a partner wishing to sell their share in jointly owned real estate must notify the other partners and shareholders through a notary.

If the sale is made to an external party without notifying the other shareholders, the remaining partners (or any of them) have the right to file a lawsuit to claim their priority right and the right of pre-emption granted by law.

The lawsuit is filed at the civil court of first instance in the area where the property is located. To avoid losing the substance of the case and the claimant's right of pre-emption, the lawsuit must be filed within two years from the date of sale, and the lawsuit is filed against the new buyer of the property share.

Contractual Right of Pre-emption

The contractual right of priority is a personal right granted to a specific person to purchase a particular property if the owner wishes to sell it. This right arises by a written contract between the right holder and the property owner.

The most important conditions for the contractual right of pre-emption are:

• The contract must be written and signed by both parties.
• The property to be subject to pre-emption must be specified.
• The person with the right of pre-emption must be able to pay the price for this share of the property.

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Edited by: Imtilak Real Estate©