Can a Foreign Property Owner Freeze the Sale of Real Estate During a Lawsuit in Turkey? Interim Injunction Guide – 2026

Can a foreign property owner stop real estate from being sold during litigation in Turkey? Learn how interim injunctions can protect disputed property, when they can be requested, security requirements, title deed restrictions, forged power cases, double sales and foreign buyer remedies in 2026.

A foreign property owner who discovers that an apartment, villa, commercial property or land in Turkey is about to be sold often faces a difficult problem: a final property lawsuit may take months or years, while another title transfer can potentially occur much sooner. Waiting for the final judgment may therefore expose the claimant to a much greater risk than the original dispute.

Turkish civil procedure provides an important temporary protection mechanism known as an interim injunction. In an appropriate real estate dispute, a foreign owner or buyer may ask the competent court to restrict the disposal of the disputed property while the main lawsuit continues. Depending on the circumstances and wording of the judicial order, the measure can prevent or restrict further sale or transfer of the real estate through the land registry.

This remedy can be particularly important in title deed cancellation and registration lawsuits, forged power of attorney cases, unauthorized property sales, double-sale disputes, fraudulent transfers, inheritance disputes and cases where a seller is attempting to transfer the property to another person before litigation is completed.

However, an interim injunction is not automatic. The applicant must establish the legal basis for temporary protection and demonstrate why failure to grant protection could make enforcement of the eventual judgment difficult or impossible or cause serious harm.

What Is an Interim Injunction in Turkish Property Law?

An interim injunction is a temporary judicial protection measure.

Its purpose is generally not to decide who ultimately owns the property.

Instead, it protects the disputed legal position until the court can reach a final decision.

In a property dispute, the practical objective may be:

Do not allow the disputed property to be transferred while the lawsuit is pending.

This distinction is critical.

An injunction is not a final title deed cancellation decision.

It is temporary protection.

Why Is an Interim Injunction So Important for Foreign Owners?

Consider this example.

A foreign investor owns a villa worth EUR 1 million in Turkey.

A forged power of attorney is allegedly used to transfer the villa to Person A.

The foreign owner discovers the fraud and prepares a title deed cancellation and registration lawsuit.

But before the lawsuit reaches judgment:

Person A sells to Person B.

Person B later sells to Person C.

The original dispute has now become significantly more complicated.

Instead of challenging one transaction, the foreign owner may need to examine several registered transfers and the legal position of every subsequent purchaser.

An early interim injunction can therefore be one of the most important strategic steps in the entire case.

Can a Foreign Owner Freeze the Property?

Potentially yes.

Where the legal requirements are satisfied, a foreign owner can request an interim injunction affecting disputed Turkish real estate.

Foreign nationality does not by itself prevent access to temporary judicial protection.

The property being located in Turkey means that Turkish procedural and property rules will generally be central to the requested measure.

What Does “Freeze the Property” Actually Mean?

The expression “freeze the property” is commonly used by foreign clients, but it is not a precise technical description.

The court may order an appropriate temporary measure concerning the disputed real estate.

Depending on the dispute and the wording of the decision, the measure may restrict the owner’s ability to:

Sell

Transfer

or otherwise dispose of the property in ways covered by the order.

The exact scope of the injunction should always be read from the judicial decision itself.

Can the Court Prevent a Sale at the Land Registry?

Potentially.

Where the court grants an appropriate restriction concerning disposal of the property and the decision is implemented through the land registry, a subsequent voluntary transfer can be prevented or restricted according to the scope of the order.

This is why merely filing a lawsuit and actually obtaining an interim injunction are not the same thing.

Filing a Lawsuit Does Not Automatically Freeze the Property

This is one of the most important rules foreign owners should understand.

A claimant files a title deed cancellation lawsuit today.

That does not automatically mean:

The Property Cannot Be Sold Tomorrow.

Temporary protection generally requires a separate request and judicial decision.

A foreign owner should therefore not assume that the existence of a court file itself makes another transfer impossible.

When Can an Interim Injunction Be Granted?

Under Turkish civil procedure, temporary protection can generally be considered where a change in the existing situation could make obtaining the claimed right substantially more difficult or impossible, or where delay could cause serious harm or disadvantage.

In real estate litigation, this can apply where another transfer would materially complicate recovery.

Typical Property Cases Where an Injunction May Be Important

Interim protection frequently becomes relevant in disputes involving:

Title Deed Cancellation and Registration

Forged Power of Attorney

Unauthorized Sale

Double Sale

Fraudulent Property Transfer

Developer Attempting to Sell the Same Apartment Again

Inheritance Property Dispute

Representative Abuse

Sham Transfer

Disputed Ownership

and other circumstances where the property may change hands before final judgment.

Forged Power of Attorney Case

Suppose a foreign owner discovers that a forged power was used to transfer an apartment.

The alleged fraudulent purchaser remains registered owner.

The foreign owner seeks restoration of ownership.

This is a strong example of a dispute where the possibility of another transfer should be evaluated immediately.

If the current registered owner sells the apartment again, the foreign owner’s litigation may become substantially more difficult.

Unauthorized Sale Through a Genuine Power

Another scenario involves a genuine power of attorney that was allegedly abused.

For example:

Foreign owner authorizes a representative to perform limited property procedures.

The representative transfers the villa to a related company.

The foreign owner challenges the transaction.

If the related company attempts to sell the villa to an unrelated purchaser, interim protection may become critical.

Double-Sale Case

A developer sells Apartment 10 to Foreign Buyer A.

Buyer A pays EUR 300,000.

The developer later negotiates with Buyer B and prepares to transfer registered title to B.

Buyer A should not assume that the first contract or first payment automatically prevents the later transfer.

The legal form of Buyer A’s rights must be analyzed, and temporary judicial protection may need to be considered urgently.

Property Seller Refuses to Transfer Title

A foreign buyer pays the agreed price.

The seller then says:

“I have received a better offer. Pay another EUR 100,000 or I will sell to someone else.”

Whether the buyer can obtain an injunction depends on the legal strength and nature of the buyer’s underlying claim.

Full payment alone does not automatically create registered ownership.

The contract’s form and enforceability are critical.

Can an Injunction Be Requested Before the Main Lawsuit?

Yes, Turkish civil procedure permits interim injunctions to be requested before the main lawsuit where the applicable requirements are satisfied.

This can be extremely important in emergencies.

A claimant should not necessarily have to wait until every aspect of a lengthy lawsuit petition is completed if the property faces an immediate transfer risk.

Which Court Handles a Pre-Lawsuit Request?

Before the main lawsuit is filed, the request is generally made to the court that is competent and authorized to hear the underlying dispute.

After the main case has been filed, the interim injunction request is generally made to the court hearing the case.

The precise competent court depends on the nature of the underlying property dispute.

Can the Court Decide Urgently?

Potentially.

The purpose of interim protection would be undermined if every request required the full lawsuit to be completed first.

Where urgency and the statutory requirements are demonstrated, the court can evaluate temporary protection before final determination of the ownership dispute.

There is no universal guarantee that an injunction will be issued within a specific number of hours or days.

Can the Court Grant an Injunction Without Hearing the Other Side First?

Potentially, where the circumstances require immediate protection.

If waiting for the other party to respond would defeat the purpose of the measure, the court can evaluate whether temporary protection should be granted without first completing a full adversarial hearing.

The opposing party retains procedural rights to challenge the measure under applicable rules.

What Must the Foreign Owner Show?

The applicant should clearly explain:

What Right Is Being Claimed

Why the Property Is Disputed

Why Another Transfer Is Possible

What Harm Another Transfer Would Cause

and

Why Temporary Protection Is Necessary.

A vague statement such as:

“I am worried that the property might be sold.”

may be less persuasive than concrete evidence demonstrating an actual risk.

Approximate Proof Is Important

An interim injunction proceeding is not the final trial.

The applicant is generally expected to present sufficient preliminary or approximate proof supporting the asserted right and need for protection.

The claimant should therefore provide meaningful documentary evidence from the beginning.

Useful Evidence for an Injunction Request

Depending on the dispute, useful evidence can include:

Current Land Registry Record

Historical Title Records

Purchase Contract

Preliminary Sale Agreement

Bank Transfers

SWIFT Records

Power of Attorney

Revocation Documents

Messages

Emails

Property Advertisements

Evidence of Another Buyer

Evidence of Forgery

Formal Notices

and other documents showing the underlying claim and transfer risk.

Property Advertisement Can Be Powerful Evidence

Suppose the defendant currently owns the disputed apartment.

The claimant discovers a new advertisement:

“Urgent Sale – EUR 450,000.”

Screenshots and other reliable evidence showing that the disputed property is actively being marketed can strengthen the argument that another transfer is imminent.

WhatsApp Messages Can Show Transfer Risk

A seller may write:

“If you sue me, I will sell the apartment to somebody else.”

This type of communication can become highly relevant to an injunction request.

Preserve the complete conversation and surrounding context.

Rapid Previous Transfers Can Also Matter

Suppose the property was transferred:

Owner → A on 1 August

A → B on 5 August.

The foreign owner discovers the transactions on 10 August.

This rapid movement may support the argument that the property could be transferred again before final judgment.

Can the Court Require Security?

Yes.

As a general rule, a party obtaining an interim injunction may be required to provide security designed to cover potential losses if the measure later proves unjustified.

The amount and necessity of security depend on the circumstances and applicable procedural rules.

Why Is Security Required?

An injunction can restrict another person’s property rights before the final case has been decided.

Suppose the claimant ultimately loses.

Meanwhile, the defendant may argue that the injunction prevented a legitimate sale and caused financial loss.

Security helps balance the claimant’s need for temporary protection against the defendant’s potential loss.

Can the Court Grant an Injunction Without Security?

Potentially, in circumstances permitted by law.

Whether security is required should be determined by the court based on the applicable procedural framework and evidence.

Foreign claimants should not assume that security will always be waived.

Does Being a Foreign National Mean Higher Security?

Foreign nationality can raise separate procedural security questions depending on the claimant’s nationality, applicable international agreements, reciprocity and the legal basis of the proceedings.

This issue should be distinguished from the specific security that may be required for the interim injunction itself.

The two concepts should not automatically be treated as identical.

What Happens After the Court Grants the Injunction?

Obtaining the written decision is only part of the process.

The measure must be implemented through the appropriate procedure.

For property restrictions, implementation through the land registry becomes particularly important.

The claimant’s legal team should therefore monitor whether the decision has actually been communicated and implemented.

Do Not Assume the Property Is Protected Merely Because the Judge Said “Granted”

Verify implementation.

In urgent property disputes, the difference between:

Court Granted Injunction

and

Injunction Reflected in the Relevant Land Registry Process

can be practically critical.

The status should be monitored carefully.

Can the Property Owner Sell Despite the Injunction?

If an effective judicial restriction prohibiting the relevant disposition has been properly implemented, a transaction falling within the prohibition should not proceed in the ordinary manner.

However, the exact legal effect depends on the wording and scope of the injunction.

Never describe an injunction more broadly than the actual order.

Can the Defendant Mortgage the Property?

This depends on the scope of the court order.

If the risk involves not only sale but also:

Mortgage

Creation of Limited Rights

or other dispositions, the injunction request should be drafted to address the actual risk where legally appropriate.

A narrowly worded order should not be assumed to prohibit every possible transaction.

Example: Defendant Cannot Sell but Creates a Mortgage

A foreign owner obtains a restriction addressing transfer.

The defendant then attempts to use the property as collateral.

If mortgage risk was foreseeable, the requested temporary protection should have been considered carefully from the beginning.

This illustrates why the exact wording of the injunction matters.

Can an Injunction Stop Enforcement Sale by a Creditor?

This is a more complicated question.

A judicial prohibition against voluntary disposal should not automatically be assumed to eliminate rights of third-party creditors or prevent every enforcement proceeding.

If the property is already subject to:

Attachment

Mortgage

Public Debt Enforcement

or compulsory sale proceedings, those rights and procedures must be analyzed separately.

Check Existing Mortgages Before Requesting an Injunction

An injunction obtained today may not eliminate a mortgage registered two years ago.

Foreign investors should therefore examine the complete title record before assuming that temporary protection solves every problem.

Check Existing Attachments

The same applies to creditor attachments.

A title dispute may coexist with:

Bank Mortgage

Tax Attachment

Private Creditor Attachment

or other registered rights.

Each should be evaluated separately.

Interim Injunction vs Precautionary Attachment

Foreign investors frequently confuse these remedies.

They serve different purposes.

Interim Injunction

Generally protects a disputed non-monetary right or asset, such as the ownership or transfer status of a property.

Precautionary Attachment

Generally protects a qualifying monetary claim by provisionally securing debtor assets.

The correct remedy depends on what the claimant wants to protect.

Example: Foreign Owner Wants the Property Back

A forged power was used to sell the apartment.

The owner wants restoration of title.

The disputed property itself is central.

An interim injunction may therefore be strategically important.

Example: Foreign Buyer Wants EUR 400,000 Refund

The developer never constructed the project.

The buyer no longer wants the apartment and seeks repayment.

The buyer’s principal objective is money.

A precautionary attachment may be more relevant than simply attempting to freeze a particular apartment, depending on the legal circumstances.

Can Both Remedies Be Relevant?

Yes.

Some disputes involve both:

Property Recovery

and

Financial Claims.

For example, a foreign owner may seek title cancellation while alternatively seeking compensation if title recovery becomes impossible.

The litigation strategy may therefore involve protecting both the disputed property and identifiable debtor assets where legally justified.

How Long Does an Interim Injunction Last?

An interim injunction is temporary by nature.

Its duration depends on the procedural stage, the wording of the decision and applicable statutory rules.

It is not permanent ownership protection.

The claimant must also comply with procedural obligations necessary to maintain the measure.

Important Deadline After a Pre-Lawsuit Injunction

Where an interim injunction is obtained before filing the main lawsuit, Turkish civil procedure imposes a short period for commencing the main action after implementation of the measure.

This deadline is critical.

A claimant who obtains emergency protection and then fails to take the required subsequent procedural steps can risk losing the injunction.

Mediation Can Affect the Post-Injunction Timeline

Where the underlying dispute is subject to mandatory pre-litigation mediation, Turkish mediation legislation coordinates the mediation period with deadlines applicable to pre-lawsuit interim measures.

The statutory lawsuit-filing period following a pre-action injunction does not simply run in the ordinary way while the mandatory mediation process is pending.

This is a technical area requiring careful procedural planning.

Is Mediation Mandatory in Every Property Case?

No.

Not every dispute involving a building, apartment or land is automatically subject to mandatory mediation.

Current Turkish mediation law requires pre-litigation mediation for specified categories such as certain rental, condominium and partition disputes.

Separately, disputes concerning transfer of real estate or establishment of limited real rights are expressly suitable for voluntary mediation.

The legal classification of the particular case determines whether mandatory mediation applies.

Can Property Be Protected During Real Estate Mediation?

Yes, Turkish mediation legislation contains a special mechanism for disputes concerning transfer of real estate or establishment of limited real rights.

Where the statutory conditions are satisfied and the parties agree in writing, a restriction concerning disposition can be annotated in the land registry during the mediation process.

This mechanism is different from a court-ordered interim injunction.

How Long Can the Mediation Restriction Continue?

The special statutory mechanism is temporary and operates within the limits provided by mediation legislation.

It should therefore not be treated as a permanent substitute for litigation protection.

Where settlement fails, the next procedural step should be taken promptly.

What if the Seller Voluntarily Agrees Not to Sell?

A contractual promise can be useful but should not automatically be treated as equivalent to an effective land registry restriction.

A dishonest seller may promise:

“I will not sell.”

and then attempt a transaction anyway.

Where the risk is serious, legally effective protection should be considered rather than relying solely on informal assurances.

Can an Injunction Be Challenged?

Yes.

The opposing party can use the procedural remedies available under Turkish law to challenge the injunction.

The defendant may argue:

No Valid Underlying Claim Exists

No Urgency Exists

Evidence Is Insufficient

Measure Is Disproportionate

or

Security Is Inadequate.

The court can review the continued necessity of the measure.

Can the Court Remove the Injunction Later?

Potentially.

An interim injunction is not irreversible.

Changes in circumstances, procedural developments, security issues or the outcome of challenges can affect whether the measure continues.

The claimant should therefore continue actively prosecuting the main case.

Can the Defendant Substitute Security?

Depending on the nature of the dispute and applicable procedural rules, security or other measures can sometimes affect the continuation or modification of temporary protection.

Whether this is appropriate in a title ownership dispute requires case-specific analysis.

What Happens if the Foreign Owner Ultimately Loses?

If the claimant obtained an injunction but ultimately had no right to the requested protection, liability for losses caused by an unjustified interim measure can potentially arise under the applicable conditions.

This is another reason courts examine proportionality and security.

Do Not Request an Injunction Merely to Pressure the Seller

Interim measures should protect genuine legal rights and prevent serious litigation risk.

They should not be treated simply as commercial pressure.

The application should explain why temporary protection is genuinely necessary.

Can a Foreign Buyer Freeze a Developer’s Entire Project?

Not automatically.

A buyer with a dispute concerning one apartment cannot simply assume that every unit, bank account and property belonging to the developer can be frozen.

Each requested measure must have a proper legal basis and satisfy proportionality requirements.

Can the Court Freeze Only the Disputed Apartment?

Where the dispute concerns a specifically identifiable independent unit, a targeted measure concerning that unit may often be more proportionate than a broad restriction against unrelated assets.

The exact remedy depends on the claim.

Off-Plan Property Disputes

An off-plan buyer may discover that:

Construction Has Stopped

Developer Is Selling the Same Units Again

Project Land Is Mortgaged

or

Developer Is Financially Distressed.

Before requesting an injunction, determine exactly what the buyer legally owns or has the right to demand.

A contractual promise concerning a future apartment is not automatically equivalent to registered ownership of the project land.

Developer Does Not Own the Land

Suppose Developer A sells an off-plan apartment.

The land belongs to Landowner B.

The foreign buyer cannot automatically freeze B’s property simply because A accepted money.

The legal relationship between the developer, landowner and buyer must be established.

Double Sale Before Title Transfer

If the foreign buyer learns that the seller is preparing to transfer title to another purchaser, time can become extremely important.

The buyer should immediately determine:

Is the Seller Still Registered Owner?

What Contract Does the Buyer Have?

Is There an Annotation?

Has Full Payment Been Made?

Is a Title Appointment Scheduled?

Can the Buyer Legally Demand Registration?

The answers determine the strength of an injunction request.

Registered Annotation and Interim Injunction Are Different

A registered contractual annotation can provide important protection.

An interim injunction is a judicial temporary measure.

One does not automatically replace the other.

Foreign buyers should identify exactly which protection exists in their case.

Inheritance Disputes

A foreign heir may discover that inherited Turkish property is about to be transferred by another heir or a person claiming ownership.

An interim injunction can potentially become relevant where the claimant establishes a sufficient underlying right and urgent risk.

Inheritance documentation should be prepared carefully, particularly where issued abroad.

Divorce and Family Property Disputes

Property injunctions can also arise in matrimonial disputes, although the legal basis may differ from ordinary foreign-investor litigation.

Foreign owners should ensure the requested remedy matches the actual legal relationship.

Fraudulent Transfer to a Relative

Suppose a foreign owner files a title cancellation action.

The current registered owner transfers the property to his spouse.

The spouse then prepares another transfer.

Every additional transaction can make the litigation more complicated.

An early injunction can help preserve the current registered position while the court examines the underlying allegations.

Fraudulent Transfer to a Company

A defendant may attempt to transfer the property to a newly formed company.

The foreign claimant should investigate:

Shareholders

Directors

Beneficial Relationships

Transfer Price

and timing.

If the company is related to the defendant, this can become relevant to the broader bad-faith analysis.

Good-Faith Purchasers Make Delay Dangerous

The greatest danger in many fraudulent title cases is that the property may eventually reach an unrelated purchaser who claims to have relied on the official land registry in good faith.

Turkish property law can protect qualifying good-faith acquisitions under applicable circumstances.

This means that preventing the next transfer can sometimes be more important than proving every detail of the fraud immediately.

The First Buyer May Be Fraudulent but the Third Buyer May Not Be

Consider:

Foreign Owner → Fraudster A → Associate B → Unrelated Buyer C.

The foreign owner may have strong evidence against A and B.

But C’s legal position may require a different analysis.

An injunction obtained while A still held title could potentially have prevented the dispute from reaching this stage.

Foreign Owner Discovers the Problem From Abroad

The owner does not necessarily need to travel to Turkey before protective legal steps can be evaluated.

An appropriately authorized Turkish lawyer can generally act for the foreign owner, subject to the required power-of-attorney and procedural formalities.

Foreign owners should not delay emergency action solely because the next available flight is several weeks away.

Foreign Power of Attorney for Litigation

A foreign owner who appoints a lawyer from abroad should ensure that the litigation power satisfies the requirements applicable to use in Turkey.

Depending on the country and circumstances, authentication, apostille or legalization and Turkish translation may be required.

The document should contain appropriate litigation authority.

How Fast Should a Foreign Owner Act?

Where another sale is genuinely possible:

Immediately.

The relevant timeline may not be measured in months.

A property can sometimes change hands before the foreign owner finishes collecting every document.

The immediate objective should be to determine whether there is sufficient evidence to seek temporary protection.

Emergency Evidence Checklist

For an urgent injunction application, collect as quickly as possible:

Current Land Registry Information

Property Identification

Historical Title Information

Contract

Payment Receipts

Bank/SWIFT Records

Power of Attorney

Revocation Documents

Evidence of Forgery

New Sale Advertisement

Messages Threatening Transfer

Evidence of Another Buyer

Prior Formal Notices

Proof of Relationship Between Suspicious Parties

and documents establishing the foreign claimant’s rights.

Practical Example: Forged Power of Attorney

A German owner discovers that a EUR 750,000 apartment was transferred through a forged power.

The fraudulent purchaser still owns it but has advertised it for sale.

The owner should consider urgent title litigation and temporary protection before another transfer occurs.

Practical Example: Seller Demands More Money

Foreign buyer signs a qualifying property agreement and pays the agreed purchase price.

Before title transfer, the seller demands another EUR 80,000 and threatens to sell to someone else.

The buyer’s contractual form and enforceability should be analyzed immediately. Where the buyer possesses a legally protectable transfer claim and urgent risk exists, an injunction may potentially be sought.

Practical Example: Developer Sells Apartment Twice

Foreign Buyer A buys an off-plan apartment.

Developer later signs with Buyer B.

If title has not yet been transferred, Buyer A should determine whether legal measures can preserve the property before B obtains registered ownership.

Simply telling the developer that the first contract is older may not be sufficient.

Practical Example: Unauthorized Sale to Relative

Foreign owner gives limited authority to a representative.

Representative transfers the property to his brother.

The brother begins marketing it.

The owner may need to combine a title deed cancellation and registration claim with an urgent injunction request.

Practical Example: Property Already Reached an Innocent Buyer

The owner waits six months.

The property passes through two suspicious purchasers and eventually reaches an unrelated purchaser who paid market value.

At this point, the title recovery dispute may be substantially more difficult because the latest purchaser’s good faith must be examined.

This demonstrates the commercial value of early temporary protection.

Practical Example: Buyer Only Wants Refund

Foreign buyer paid EUR 250,000 to a developer for a project that was never built.

The buyer does not want the property anymore.

The primary objective is recovery of EUR 250,000.

A monetary asset-protection strategy, potentially including precautionary attachment where the conditions are satisfied, may be more appropriate than a property-focused injunction.

2026 Emergency Action Plan for Foreign Property Owners

When a foreign owner believes disputed Turkish real estate may be sold during litigation, the practical sequence should generally be: Check Current Land Registry Immediately → Identify Current Registered Owner → Check Whether Another Transfer Has Already Occurred → Check Mortgages and Attachments → Identify Exact Property → Determine Underlying Legal Claim → Collect Contract and Payment Evidence → Obtain Power of Attorney Documents → Preserve Evidence of Fraud or Unauthorized Transfer → Preserve New Sale Advertisements → Preserve Messages Showing Transfer Risk → Determine Whether the Claim Concerns Property or Money → Assess Interim Injunction → Assess Precautionary Attachment Where a Monetary Claim Exists → Determine Competent Court → Request Pre-Lawsuit Protection Where Appropriate → Ensure the Judicial Measure Is Implemented → Monitor Land Registry Status → Comply With Post-Injunction Procedural Deadlines → File or Continue the Main Lawsuit → Monitor Challenges to the Injunction → Investigate Subsequent Purchasers and Good Faith → Maintain Protection Until the dispute reaches the appropriate procedural conclusion.

Frequently Asked Questions

1. Can a foreign property owner stop a Turkish property from being sold during a lawsuit?

Potentially yes. Where the legal requirements are satisfied, an interim injunction can be requested to restrict disposal of disputed real estate during litigation.

2. Does filing a title deed cancellation lawsuit automatically freeze the property?

No. Filing the lawsuit itself should not be assumed to prevent another transfer. Temporary judicial protection generally requires an appropriate injunction request and court decision.

3. Can I request an injunction before filing the main lawsuit?

Yes, where the statutory conditions are satisfied. However, strict procedural obligations apply after a pre-lawsuit injunction is obtained.

4. How quickly can the court freeze the property?

There is no guaranteed period. Urgent requests can potentially be considered before the final lawsuit develops, but timing depends on the court, evidence and circumstances.

5. Do I need to prove the entire property case before obtaining an injunction?

Not necessarily. Interim proceedings generally rely on a lower, preliminary level of proof than the final determination, but meaningful evidence supporting the right and urgency must still be presented.

6. Will I have to provide security?

Potentially. Turkish procedural rules generally contemplate security for interim measures, although exceptions can apply. The court determines the issue according to the case.

7. Can the defendant challenge the injunction?

Yes. The opposing party can use available procedural remedies to challenge, modify or seek removal of the temporary measure.

8. Can an injunction stop an existing mortgage or attachment?

Not automatically. Pre-existing mortgages, attachments and creditor rights must be analyzed separately. An injunction obtained later does not simply erase earlier registered rights.

9. Is an interim injunction the same as precautionary attachment?

No. An interim injunction generally protects disputed non-monetary rights or assets, while precautionary attachment is primarily designed to secure qualifying monetary claims.

10. Why is acting quickly particularly important in property fraud cases?

Because the property can be transferred to additional purchasers. The legal position of later good-faith purchasers can materially affect the original owner’s ability to recover the property itself.

Legal Support for Foreign Owners Seeking to Freeze Property in Turkey

When a foreign owner discovers a disputed property transaction, the most important question is often not:

“How long will my lawsuit take?”

The more urgent question is:

“What can happen to the property while I am waiting?”

A title deed cancellation lawsuit may ultimately succeed, but the litigation can become substantially more difficult if the property is transferred repeatedly during the proceedings. This is particularly important in forged power of attorney cases, unauthorized sales, double-sale disputes and coordinated property fraud.

Firat Fesih Kaya Law Office assists foreign property owners, overseas investors and international buyers in urgent Turkish real estate disputes. Firat Fesih Kaya can assist with interim injunction applications, title deed cancellation and registration lawsuits, forged or abused powers of attorney, unauthorized property transfers, double sales, developer disputes, fraudulent transfers, good-faith purchaser disputes, precautionary attachments and compensation claims.

For foreign owners, an effective strategy should distinguish between winning the final lawsuit and preserving the asset until that judgment arrives. Where another title transfer is possible, investigating the current land registry status and considering temporary judicial protection should therefore be among the first steps rather than something addressed only after months of litigation.

Phone: +90 312 434 22 22
Mobile Phone: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yildirim Tower, Balgat, Cankaya / Ankara, Turkey