The apartment that was purchased as a 3+1 turned out to be a 1+1.

04.05.2025 22:21

Mehmet Ü., who lives in Germany, purchased a 3+1 apartment advertised as 140 square meters on the internet in 2021 by granting power of attorney to a relative in Ankara. When he arrived in the city, he discovered that the apartment was actually 78 square meters and 1+1. Mehmet Ü. realized that the two rooms, bathroom, and corridor shown in the project for his apartment were included in the neighboring unit, and he filed a lawsuit through his lawyer.

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Mehmet Ü., who lives in Germany, purchased a 3+1 apartment on the 2nd floor of a 4-story building in the Yıldızevler neighborhood of Ankara's Çankaya district, which was stated to be 140 square meters in an online advertisement, by giving power of attorney to a relative in 2021.

THE HOUSE HE BOUGHT AS '3+1' TURNED OUT TO BE '1+1'

In the summer of the same year, when Mehmet Ü. came to the city and wanted to move into his house, he realized that the 140 square meter house was actually 78 square meters and 1+1. Upon examining the architectural project of the building, Mehmet Ü. noticed that the 2 rooms, bathroom, and corridor seen in his apartment were included in the adjacent apartment belonging to Mehmet A., which was designated as 1+1 in the project.

THE CASE WAS TAKEN TO COURT

Mehmet Ü., through his lawyer Senem Yılmazel, filed a lawsuit for 'prevention of interference and compensation for unlawful occupation'. The Ankara 1st Civil Court accepted the case and decided that the disputed house should be made compliant with the project and that 163,000 TL should be paid as compensation for unlawful occupation. Following the decision, the plaintiff Mehmet Ü. reached an agreement with the defendant Mehmet A. to sell the parts of the project that belonged to him to the defendant while renting out his 78 square meter house.

"THE OTHER PARTY HAD TO PAY AGAIN"

Lawyer Senem Yılmazel stated that her client lives in Germany and comes to Ankara in the summers, saying, "When my client wanted to move into the house he bought, he realized that his 140 square meter house was very small and approached me. Later, we had an inspection done by the Peace Court. However, we encountered something very interesting there. It was determined that a large part of my client's apartment was included in the adjacent apartment. We then sent a warning letter to his neighbor. Unfortunately, the other party did not agree, and we had to file a lawsuit. An expert examination was conducted, and an inspection was carried out. It was determined that a large part of my client's apartment was included in the adjacent apartment, that the adjacent apartment was enlarged, and that the 1+1 apartment was turned into a 3+1. Our subject of the lawsuit was; prevention of interference and compensation for unlawful occupation. Later, a decision was made. It was decided that my client should be paid compensation for unlawful occupation, and a prevention of interference decision was issued. After that, the decision became final, and the place needed to be demolished, but the parties reached an agreement. The other party had to pay again. They bought their part from my client. In fact, the neighbor was also a victim. They bought the house after seeing it, but unfortunately, it is a situation where they were deceived. In fact, while the adjacent apartment was 1+1, it was enlarged to 3+1," she said.

"TITLE DEEDS AND ARCHITECTURAL PROJECTS MUST BE CAREFULLY EXAMINED"

Lawyer Yılmazel recommended obtaining an expert report from a real estate appraisal when buying an apartment, stating, "This is done by banks when taking out loans, but unfortunately, when buying a house with cash, whether in advance or via bank transfer, they do not obtain this report. However, it must be obtained. We frequently encounter such lawsuits. Therefore, I recommend that title deeds and architectural projects be carefully examined before purchasing real estate," she stated.