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Real Estate

Possession

The state of having factual control over an object. Governed by Turkish Civil Code arts. 973-998; possession is distinct from ownership but can convert into ownership through adverse possession.

Possession (Turkish: *Zilyetlik*) is the state of factual control over an object, governed by Turkish Civil Code (TMK) arts. 973-998. In real estate, possession and ownership are legally distinct: the possessor is the person in actual use or control, whereas the owner is the person registered in the land registry.

Types of possession:

- Principal possessor: Holds the object as if the owner (e.g., the home owner). - Secondary possessor: Uses the object under a right (e.g., tenant, usufruct holder, pledgee). - Direct possessor: Uses the object in person; indirect possessor: Has transferred direct possession to another by contract (a landlord is indirect possessor against a tenant). - Rightful / wrongful possessor: Whether possession rests on a valid legal ground.

Protection of possession: TMK arts. 981-983 give the possessor three remedies: self-help (art. 981), restitution action (art. 982, within 1 year), and action to prevent interference with possession (art. 983, within 1 year). These actions are decided without reference to the title register.

From possession to ownership (acquisitive prescription): Under TMK arts. 712-713, a person who has possessed a property for 20 years uninterruptedly, without dispute, and in good faith can be registered as owner by court decision. For untitled properties — not registered in the land registry — extraordinary prescription (TMK art. 713) applies: 20 years.

Relationship to cadastre: Under Cadastre Law 3402 art. 14/3, a tax record dated before 31.12.1981 plus actual possession serves as evidence for cadastre determination. Possession by inheritance is aggregated.

Examples

  • 1.Ahmet has used his father's untitled village plot undisturbed for 25 years. When the cadastre team arrives, under art. 14/3 they register the plot to him using the old tax record plus possession evidence.
  • 2.A tenant is a **secondary and direct possessor** via the lease agreement; the landlord is the **principal and indirect possessor**. The tenant can sue to protect their possession if disturbed.
  • 3.A person squatting a titled property cannot gain ownership through ordinary prescription even after 20 years — the title registration is a conclusive presumption in favour of the owner.

Frequently Asked Questions

Is possession the same as ownership?expand_more
No. Possession is a **factual** state; ownership is a **legal** right. A person can be the possessor without being the owner (a tenant) and vice versa (an owner who has never moved in). However, long-term, undisputed possession can under specific conditions convert to ownership.
If I use an untitled property for 20 years, does it become mine?expand_more
If conditions are met, yes. Under TMK art. 713 **extraordinary prescription**: a person who possesses an untitled property for **20 years uninterruptedly, without dispute and as owner** can apply to court for title registration. This does not work for titled properties — the title register is a conclusive presumption (TMK art. 1020).
I have a lease — am I a trespasser?expand_more
No. A **tenant** is a **rightful secondary possessor** under the lease agreement. A trespasser is a wrongful possessor with no legal basis. If the lease ends and the tenant does not vacate, the landlord can sue for eviction plus rent equivalent (ecrimisil); only after that does the tenant become a wrongful possessor.
How do I protect my possession?expand_more
TMK arts. 981-983 offer three remedies: (1) **Self-help** (art. 981) — immediate self-defence of possession. (2) **Restitution action** (art. 982) — if possession was forcibly taken, file within **1 year**. (3) **Interference-prevention action** (art. 983) — if disturbed, file within 1 year. These are decided without examining the title; any ownership dispute is a separate case.

Related Terms

OwnershipTitle RegistrationCadastre (Kadastro)

Sources

  • • Turkish Civil Code 4721 arts. 973-1001 (possession)
  • • Turkish Civil Code 4721 arts. 712-713 (acquisitive prescription)
  • • Cadastre Law 3402 art. 14/3 (tax record + possession evidence)

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Last updated: 2026-04-24