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Zoning

Right of Way

The right to cross one parcel to access another. Per the Planned Areas Zoning Regulation, parcels without direct street frontage require a right of way to receive a building permit.

Right of way (Turkish: *Yol hakkı*/*Geçit hakkı*) is the right to cross another's parcel — via an easement registered on title — to reach one's own. It is regulated under Turkish Civil Code articles 747-754 on 'conduits and passage rights'. It solves access problems for parcels without street frontage.

Building permit link: Under Planned Areas Zoning Regulation art. 5, parcels without road frontage cannot receive building permits. Two solutions: (1) consolidation (tevhit) with a fronted neighbour, or (2) if consolidation is not possible, acquiring a perpetual right of way from neighbours and recording it on title — only then can a building permit be issued as an exception.

Methods of creation: (1) By agreement — notarised agreement with the neighbour, registered on title; (2) By court order — mandatory right-of-way action (TCC 747); the court sets the price and establishes the right.

Mandatory right-of-way action: An owner without adequate access to a public road can demand a right of way from neighbours, paying compensation. The court determines the route causing least harm to the neighbour, and the compensation amount.

Examples

  • 1.A pre-2000 inner parcel has no road frontage; a perpetual right of way is acquired from a neighbour and recorded on title → building permit issued.
  • 2.A farmer wins a right of way over a neighbour's field (3 m wide) with TRY 50,000 compensation set by the court.
  • 3.Apartment-complex residents establish a shared access road; all co-owners receive an easement on the title registry.

Frequently Asked Questions

Can a right of way be granted for free?expand_more
Yes, parties can agree to a no-charge right of way but registration on title is mandatory (TCC 780). Oral or unregistered agreements don't protect the holder — access can be refused after a change of ownership.
My neighbour is blocking my right of way — what can I do?expand_more
If the right is registered on title, you can file an action in the Civil Peace Court to prevent interference. If unregistered, you must first establish the right, then seek its protection.
Can a right of way be cancelled?expand_more
If the need has ended (e.g. the parcel gains direct road access), the benefiting owner or their successors can request cancellation (TCC 785). Unilateral cancellation isn't possible — both parties must agree or a court must order it.

Related Terms

Tevhit (Consolidation)Building PermitUsufruct (Right of Use and Enjoyment)

Sources

  • • Turkish Civil Code art. 747-754 (rights of passage)
  • • Planned Areas Zoning Regulation art. 5

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Last updated: 2026-04-24