An easement right (irtifak hakkı) is a limited real right that grants its holder defined powers to use or benefit from another person’s land — without owning it. It is rooted in the Turkish Civil Code and becomes enforceable against third parties only through registration in the land registry.
Two Categories of Easement
Easement appurtenant (taşınmaz lehine irtifak): benefits a specific piece of land, not an individual. The right transfers automatically whenever the benefited land is sold. Rights of way and water easements typically fall here.
Personal easement (kişi lehine irtifak): benefits a specific named person and is generally non-transferable. The right of residence is the primary example.
Main Types of Easement
Right of Way (Geçit İrtifakı)
A landowner with no access to a public road — or inadequate access — may obtain the right to cross a neighbouring property. This can be created by:
- Agreement between landowners
- Court order, where agreement cannot be reached
Compulsory right of way: where a landlocked property has no other reasonable access, the owner can petition the court for a right of way even without the neighbour’s consent. The affected owner is compensated.
Right of Residence (Oturma Hakkı / Sükna)
A personal easement giving the holder the right to live in a building or part of it. It cannot be transferred or inherited. Commonly used within families to secure housing for an elderly parent.
Water Easement (Kaynak/Su İrtifakı)
Grants the right to access, use, or channel water from a source located on another person’s property.
Superficies Right (Üst Hakkı)
Grants the right to construct and own a building on another person’s land, independently of the landowner. It can be made transferable and is frequently used in commercial development arrangements. On expiry of the term, the structure typically passes to the landowner unless the parties agree otherwise.
Creation and Registration
An easement can be created:
- By agreement: formal deed before a notary or at the land registry
- By court order: where a legal right exists but agreement cannot be reached (e.g. compulsory right of way)
- By operation of law: limited circumstances where statute creates the right directly
Land registry registration is mandatory for the easement to be enforceable against third parties. An unregistered easement can bind the original parties but has no effect on subsequent owners of the burdened land.
Extinguishment
An easement ends through:
- Expiry of term (for time-limited rights)
- Release by the holder with consequent removal from the registry
- Merger: when the benefited and burdened properties come under the same ownership
- Court order: where the purpose has lapsed or the right has been abused
- Compulsory acquisition: with possible compensation
Frequently Asked Questions
Is an unregistered easement enforceable? Between the original parties, it may be. Against a subsequent purchaser of the burdened land, no — the new owner is not bound by an easement not recorded in the registry. Registration is essential for third-party enforceability.
Can my neighbour refuse to allow a compulsory right of way? No. Where a property is genuinely landlocked, the court can establish a right of way regardless of the neighbour’s consent. The neighbour is entitled to compensation for the burden imposed.
When a superficies right expires, what happens to the building? The default rule is that the building passes to the landowner. Parties should address this expressly in the agreement when the right is created; disputes over buildings on expired rights are common.
Can a personal easement (right of residence) be sold or inherited? Generally no. Personal easements are attached to the named individual and end on their death or by release. Transferability depends on the type of easement and the terms of the constituting instrument.