Introduction
The Turkish Property Law (Türk Eşya Hukuku) forms one of the core parts of the Turkish Civil Code (TMK). It regulates rights over property, both movable and immovable, and provides the framework for ownership, possession, limited rights in rem, and land registration. For foreigners investing in Turkey—whether in real estate, business, or construction—understanding the Turkish Property Law is crucial, as it governs ownership rights, land transactions, mortgages, and protection of possession.
1. Scope of Turkish Property Law
Property law in Turkey determines:
- Who owns property (ownership rights)
- Who controls property (possession)
- What limited rights exist (usufruct, easements, mortgages)
- How property is registered (land registry system)
- How ownership and possession are protected by law
These rules create security in property relations and facilitate investments by guaranteeing predictability and transparency.
2. Ownership (Mülkiyet Hakkı)
Ownership is the most comprehensive right in rem (ayni hak), allowing the owner to use, benefit from, and dispose of a thing within the limits of the law (TMK Art. 683).
Types of Ownership
- Movable Ownership (Menkul Mülkiyeti): Covers things like vehicles, furniture, goods.
- Immovable Ownership (Taşınmaz Mülkiyeti): Covers land, buildings, and independent sections (condominiums).
Modes of Acquisition
Ownership can be acquired through:
- Contracts (sale, gift),
- Inheritance,
- Occupation (zilyetlik),
- Prescription (zamanaşımı),
- Court decisions or expropriation.
For immovables, registration in the Land Registry (Tapu Sicili) is essential for transfer of ownership.
3. Possession (Zilyetlik)
Possession is the factual control over a thing, regardless of ownership. It is important because:
- Possessors enjoy legal protection against unlawful interference (TMK Arts. 973–981).
- Possession can lead to ownership through prescription if uninterrupted and in good faith.
For example, if someone holds land believing they are the owner and the true owner does not challenge for many years, the possessor may gain ownership.
4. Limited Real Rights (Sınırlı Ayni Haklar)
Beyond ownership, Turkish Property Law recognizes several limited rights in rem that grant specific powers over property:
a. Usufruct (İntifa Hakkı)
Right to use and benefit from another person’s property (e.g., rental income), without destroying its substance.
b. Easements (İrtifak Hakları)
Allow one property to benefit from another. Examples:
- Right of Way (Geçit Hakkı)
- Construction Easement (Üst Hakkı)
- Usufructuary Easement (Kaynak Hakkı)
c. Mortgage and Pledge (Rehin Hakları)
Grant creditors security over a property or movable. If debt is unpaid, the creditor may enforce against the pledged property.
5. Condominium Ownership (Kat Mülkiyeti)
Condominium law (Kat Mülkiyeti Kanunu) allows ownership of individual apartments in a building, combined with shared ownership of common areas. This system is especially relevant for foreigners buying apartments in Turkey.
6. Land Registry System (Tapu Sicili)
The land registry provides a public record of ownership and rights. It is maintained by land registry offices (Tapu ve Kadastro Müdürlükleri).
- Registration is required for validity of property transfers.
- Records are public and binding: third parties may rely on them in good faith (TMK Art. 1023).
- Disputes over ownership are usually resolved by checking the registry.
7. Protection of Property Rights
Turkish law provides strong protection for ownership and possession:
- Actio rei vindicatio (İstihkak Davası): The owner may reclaim property from unlawful possession.
- Possessory Protection (Zilyetlik Davaları): Even non-owners can protect their possession against unlawful interference.
- Constitutional Protection: Article 35 of the Turkish Constitution guarantees the right to property, subject to public interest and proportional restrictions.
8. Expropriation (Kamulaştırma)
The state may expropriate private property for public purposes, but:
- It must be based on law,
- Serve public interest,
- Provide fair and prompt compensation.
Foreign investors should be aware of expropriation risks, especially in large infrastructure or energy projects.
9. Foreign Ownership of Property
Foreigners may purchase immovable property in Turkey under conditions set by law:
- Reciprocity requirements were removed, but restrictions apply (military/security zones, agricultural land).
- Foreign companies may acquire property only within certain frameworks.
- Transactions must be formalized at a land registry office.
Conclusion
The Turkish Property Law establishes a modern and secure framework for ownership, possession, limited real rights, and registration. By guaranteeing property rights, regulating land transactions, and protecting investors, it creates confidence in both domestic and international property relations.
For foreigners, especially those purchasing real estate or investing in business, knowledge of the Turkish Property Law is indispensable. From land registry procedures to condominium ownership and expropriation safeguards, the law ensures transparency, stability, and protection of property rights in Turkey.
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