Property law forms the basis of real estate law. The right to property is a right regulated by the Constitution. Real estate law is a comprehensive law branch.
An item that is fixed in place and cannot be transferred from one place to another is called immovable. What the immovables are are shown in the Turkish Civil Code, Turkish Commercial Code and Cadastre Law.
Immovables are acquired with or without registration. Acquisition by registration takes place by registering the real property to the land registry. Winning without registration means earning by occupation, acquisition by inheritance, expropriation, court decision, transfer of commercial enterprise, zoning and statute of limitations.
Acquisitions are divided into two in immovables through the statute of limitations.
The usual statute of limitations occurs as a result of the unlawful registration of the immovable registered in the title deed and the owner of the property for 10 years without a lawsuit and uninterruptedly.
The extraordinary statute of limitations occurs as a result of the unlawful and uninterrupted 20 years of possession on real estate registered or not registered in the land registry.
Unlawful Construction
If a person uses someone else's material in the building on her/his own land or uses her/his own or someone else's material in the building on someone else's land this material becomes an integral part of the land. The owner of the material loses her/his ownership.
If the building has been built by the landowner, the material owner has three rights. It can request the dismantling and return of the material, claim compensation, or request the transfer of land ownership to it.
If the owner of the building built the building, the landowner has three rights. It can demand the removal of the material, demand compensation or request the transfer of land ownership to it.
Flood Construction
If the person who built a building on her/his own land overflows a part of this building to the neighboring land, it is defined as a flood structure.
If the neighboring owner has not objected within 15 days after realizing that the flood construction has passed to his side, he has to endure this structure. The objection does not depend on any form.
Flood construction owner can file a registration case by assignment. The court in charge in this case is the civil court of first instance where the immovable is located. As a result of the lawsuit, the judge decides to transfer the ownership of the place where the flood construction is located or to establish easement rights on it, in return for an appropriate price, in a way that prevents the landowner from unjust enrichment.
Property Owner's Liability
Ownership right does not consist of unlimited powers. Property ownership does not only give the owner powers, but also gives some duties for the benefit of the neighbor and the society.
Owner's liability is a cause for which proof of salvation cannot be brought. In other words, the owner of the immovable property is perfectly responsible.
In order for liability to occur, a damage must occur. The event that gives rise to the responsibility, that is, the excessive use of the property right, should be illegal and there should be a causal link between the damage and the result.
In this case, a claim for damages is filed. The compensation case is 2 years from the date the damage and the perpetrator was learned and in any case 10 years from the date of the damaging event.
Apart from compensation cases, there are cases regulated within the framework of Turkish Civil Code article 730.
The prevention of harmful use lawsuit is opened in cases where the risk of harm is high before the harmful behavior or attempt occurs.
The lawsuit for avoiding harmful use is opened when it is understood that the owner will perform the same violent behavior in the future as a result of excessive behavior in the past and that a loss will arise from it.
The action for the elimination of harmful use is opened in cases where the damage arising from harmful use has started and continued.
The determination case is not counted in the law. However, the neighbor, who is in danger and damage, can always open this case to determine the overflow.
