Antalya’s rapidly developing construction sector is home to numerous new housing projects. However, a common problem in these projects is that homes are offered for sale before the floor easement has been established. This creates significant legal risks and uncertainties for buyers. Let’s examine in detail the rights and potential problems associated with homes sold without the floor easement.
What is Floor Allocation and Why is it Important?
A floor easement is a legal process that regulates the ownership of individual units of a building (apartments, offices, etc.) and the rights to use these units over common areas. It is recorded in the land registry, ensuring that each individual unit is registered as a separate property. Without a floor easement, the individual units cannot be registered with the land registry, and no security of ownership can be ensured. This prevents the buyer from fully acquiring ownership and can lead to various problems.
Risks of Selling Without Establishing Floor Allocation
Those who purchase a property sold without a floor easement may face various risks. Some of these include:
Title Deed Problems:
Title deed transfer cannot occur without establishing a floor easement. This prevents the buyer from fully owning the property and can lead to delays or even cancellations in the title deed process. Title deed issues can create significant difficulties in future transactions such as mortgages, sales, or inheritances.
Problems in the Use of Common Areas:
A floor easement regulates the use of common areas (elevators, parking, gardens, etc.). Before the easement is established, problems and disputes regarding the use of these areas may arise. Uncertainties regarding the maintenance and repair of common areas may also arise.
Construction Errors and Defects:
Establishing a floor easement does not necessarily mean the completion and delivery of the property. However, if the sale is made before the easement is established, it may be difficult for the buyer to defend their rights regarding the correction of errors and defects that may arise during the construction phase. Any costs incurred due to structural defects can directly impact the buyer.
Legal Disputes:
Construction companies that sell without establishing a floor easement may face various legal issues. This can affect the buyer’s ownership and lead to lengthy legal proceedings. Circumstances such as the construction company’s bankruptcy can also significantly impact the buyer’s rights.
Buyers’ Rights and Protection Methods
People who purchase a house before the floor easement is established can take some steps to protect their rights.
* Carefully Review the Contract: The purchase contract must contain clear and precise provisions regarding the establishment of the floor easement. It is important to pay attention to the delivery dates and payment terms specified in the contract. It is important to remember that the contract serves as evidence in the event of a dispute.
* Notarization: Having the purchase contract drawn up in the presence of a notary is an important safeguard against possible disputes.
* Checking the Construction Status: It is important to check whether the construction is ongoing and the stage it is in. The risks that may arise if the construction is not completed should be assessed.
* Seeking Legal Advice: It’s crucial to consult a legal professional before purchasing a property to minimize potential risks. An attorney can review the contract and help the buyer take steps to protect their rights.
Things Buyers Should Pay Attention to
When purchasing a property without a floor easement, factors to consider include the reliability of the construction company, the completion of project permits and licenses, any penalties included in the contract, the title deed delivery date, and potential delays. Thoroughly examining these matters is crucial to protecting buyers’ rights. Acting without haste, thoroughly understanding all the details, and obtaining the necessary legal support will help prevent potential problems in the future.
When purchasing a property in Antalya, ensuring that the floor easement is in place is the most important way to protect the buyer’s rights. Being vigilant and taking the necessary precautions is crucial to avoiding potential problems in the future. In the event of any uncertainty or issues, consulting with a qualified legal professional is the best approach.