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Title & Cadastre

Usufruct (Right of Use and Enjoyment)

A limited real right granting full enjoyment of someone else's thing. Governed by Turkish Civil Code arts. 794-822. The holder uses the thing and enjoys its fruits, while title remains with the owner.

A usufruct (Turkish: *intifa hakkı*) is a limited real right granting the holder full enjoyment of someone else's thing. Governed by Turkish Civil Code (TMK) arts. 794-822. The holder uses the thing, enjoys its fruits and has possession — while title remains with the owner (called the 'bare owner').

Establishment (TMK art. 795): On real estate, usufruct is established by registration in the title registry — an official deed is required. On movables and claims, delivery or assignment suffices. A usufruct can arise from contract, unilateral declaration, will, or court judgment.

Duration (TMK art. 797): A usufruct cannot exceed the holder's lifetime. For natural persons, the maximum is life; for legal persons, maximum 100 years. Contracts can fix shorter terms (e.g. 20 years). When the term ends the right extinguishes automatically, restoring 'full ownership' to the bare owner.

Holder's powers (TMK arts. 803-811): (1) Use and enjoyment — consistent with the thing's intended purpose, including letting to tenants, enjoying fruits. (2) Preservation — duty to preserve; liable for damage beyond normal wear. (3) Running costs — ordinary repairs and annual expenses fall on the holder; extraordinary repairs on the owner. (4) Taxes — ordinary taxes (property, income) are paid by the holder. (5) Transfer — the usufruct itself cannot be transferred and does not pass by inheritance (personal right), though its exercise can be assigned (e.g. to a tenant).

Termination (TMK arts. 796-797): Holder's death, expiry of term, cancellation, destruction of the thing, consolidation (owner and holder becoming the same person). On real estate, the registration is cancelled and the bare owner acquires full ownership.

Common uses: Estate planning (parents transfer title to children but retain life usufruct); bank collateral arrangements; surviving-spouse usufruct between married couples (TMK art. 499).

Examples

  • 1.Parents transferred the house to their two children as shared owners and registered a lifetime usufruct in their own names → the children are owners; the parents hold rights to live in the house and collect rent. On the parents' death the usufruct ends and the children become full owners.
  • 2.A company granted another company a 30-year usufruct over a plot; the usufructuary built on the plot and operated it. At term end the plot and all attachments reverted to the original owner (TMK art. 818).
  • 3.Testamentary example: a testator leaves the house in lifetime usufruct to the spouse, with ownership going to the children. The spouse lives in and rents out the house during life; on death, full ownership passes to the children.

Frequently Asked Questions

Can the usufruct holder sell the property?expand_more
No — title belongs to the bare owner, who can sell. The buyer takes the property subject to the usufruct. The holder can only **assign the exercise** of the right (e.g. let to a tenant) but cannot transfer the right itself, and the right does not pass to heirs (TMK art. 806 — it is a personal right).
What's the difference between usufruct and the right of residence?expand_more
A **usufruct** allows **full enjoyment** — letting, commercial use, collection of fruits. A **right of residence** (*süknâ*, TMK arts. 823-825) is narrower — it only allows **residing** in a building/apartment; no letting, no commercial use. Both are personal and do not pass by inheritance.
How is a usufruct terminated?expand_more
When a termination cause arises (death, expiry, renunciation, party agreement), cancellation is requested at the land registry. The holder's death is documented with a death certificate or certificate of inheritance. For unilateral renunciation, the holder must declare at the registry. Consolidation (title and usufruct in one person) also terminates the right.
Who pays property tax and other costs?expand_more
Under TMK art. 811, **ordinary taxes** (property tax, income tax) and **ordinary maintenance** fall on the holder. **Extraordinary repairs** (e.g. post-earthquake reinforcement, roof replacement) fall on the owner. Parties may agree otherwise by contract. DASK premiums are typically paid by the holder in practice, since they are the user.

Related Terms

OwnershipTitle RegistrationCondominium Ownership

Sources

  • • Turkish Civil Code (Law 4721) arts. 794-822 (usufruct)
  • • TMK arts. 823-825 (right of residence)
  • • TMK art. 499 (surviving spouse's usufruct)
  • • Title Registry Regulation

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Last updated: 2026-04-24