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Title & Cadastre

Ownership

The right to use, benefit from and dispose of a thing. Under Turkish Civil Code art. 683, the owner has, within the limits of the legal order, the power to use, enjoy and dispose of the thing as they wish.

Ownership is the broadest real right a person can hold over a thing. Under Turkish Civil Code (TMK) art. 683, the owner has, within the limits of the legal order, the power to use, enjoy and dispose of the thing as they wish. Ownership is also protected as a fundamental right under Constitution art. 35.

Content of ownership (TMK art. 683): (1) Use (usus) — physical enjoyment of the thing; (2) Enjoyment of fruits (fructus) — collecting revenues (rent, natural produce); (3) Disposition (abusus) — sale, gift, demolition, transformation and other legal and physical acts. Ownership is absolute (effective against everyone), full (offers the widest powers) and perpetual (not time-limited).

Movable vs. real-estate ownership: Real-estate ownership (TMK arts. 704-761) covers land, independent and permanent rights, and units registered in the condominium registry. Movable ownership (TMK arts. 762-778) covers all other things. Real-estate ownership requires title registration (TMK art. 705); movable ownership transfers through delivery of possession (art. 763).

Joint ownership: (1) Shared ownership (TMK arts. 688-700) — each co-owner has a definite share (e.g. 1/3, 1/2); can freely transfer their share subject to pre-emption rights. (2) Joint ownership in union (TMK arts. 701-703) — no shares defined; joint disposition required (e.g. undivided inheritance, family property).

Limitations: Ownership is exercised 'within the limits of the legal order'. Limits include: zoning plans, public interest, neighbourly law (TMK art. 737), environmental law, expropriation (Constitution art. 46), cultural-heritage law etc. Loss of ownership: transfer, abandonment, expropriation, destruction, extraordinary prescription by 20-year uncontested possession (TMK art. 713), cadastral determination.

Examples

  • 1.The owner let the house (enjoyment) and sold it 5 years later (disposition); all within the limits of zoning and rent legislation — exercising ownership powers.
  • 2.Neighbourly law: an owner cannot build excessively tall on their plot to block the neighbour's light (TMK art. 737 neighbourly law).
  • 3.Expropriation: 2 hectares were acquired by the state at compensation for road widening under Constitution art. 46 and Expropriation Law 2942 → the owner's real right was converted into a compensation claim.

Frequently Asked Questions

What are the limits of ownership?expand_more
Ownership is not absolute — it is exercised 'within the legal order'. Main limits: (1) **Zoning legislation** — Law 3194, KAKS/TAKS, setbacks; (2) **Neighbourly law** (TMK art. 737) — avoidance of excessive noise, smoke, smell etc.; (3) **Environmental law**; (4) **Cultural and natural heritage** — Law 2863; (5) **Expropriation** — against compensation when public interest is established; (6) **Inheritance law** — reserved share for heirs.
What's the difference between joint-in-union and shared ownership?expand_more
In **shared ownership**, each co-owner holds a definite share (1/4, 385/1200 etc.) and can transfer their share alone (subject to pre-emption). In **joint ownership in union**, no shares are defined and the co-owners can only act **together**. The most common example is undivided inheritance. To move from joint-in-union to shared ownership, a partition is performed.
Can ownership be acquired through possession?expand_more
Yes, via **extraordinary prescription** (TMK art. 713). For unregistered real estate, **20 years of uninterrupted, uncontested possession as owner** entitles the possessor to request judicial registration. Different rules apply to registered property. In practice, this is most commonly used during **cadastre determination** with tax records plus proof of possession (Law 3402 art. 14).
Is ownership perpetual?expand_more
Yes. Ownership is **perpetual** — no time limit. However, it can end in three ways: (1) **Transfer** (sale, gift) — ownership passes to another. (2) **Abandonment** — unilateral renunciation (for real estate via a cancellation declaration). (3) **Expropriation / enforcement** — transfer by state action for public interest or debt. As there is no time limit, the same ownership continues through inheritance.

Related Terms

Title RegistrationCondominium OwnershipPossessionMortgage (İpotek)

Sources

  • • Turkish Constitution art. 35 (right to property)
  • • Turkish Civil Code (Law 4721) art. 683 (content of ownership)
  • • TMK arts. 704-761 (real-estate ownership), 713 (extraordinary prescription)
  • • TMK arts. 688-700 (shared ownership), 701-703 (joint-in-union)
  • • Expropriation Law 2942

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Last updated: 2026-04-24