What is an Easement Right? Izmir Lawyer
What is an easement?
An easement is a real right that grants the right holder the authority to use an object. (For detailed information on real rights; What is the same right?Since an easement is a real right, it has an absolute effect and can be asserted against everyone.
Turkish Civil Code Article 779- An easement in favor of immovable property is a burden placed on one immovable property in favor of another, obliging the owner of the burdened property to refrain from exercising certain rights granted by their ownership rights, or to tolerate the owner of the benefiting property using the burdened property in a specific manner. Obligations to perform work cannot be the subject of an easement in themselves; they can only be attached to it as ancillary obligations.
Establishment of Easement Rights
Registration in the land registry is a prerequisite for the establishment of an easement. Unless otherwise stipulated, the provisions relating to real estate ownership apply to the acquisition and registration of easements. Acquisition of an easement through prescription is only possible for properties whose ownership can be obtained in this way.
What are the different types of easements?
Under the Turkish Civil Code, types of usufruct rights in favor of immovable property are regulated as easement rights, usufruct rights, right of residence, right of superficies (construction rights), right to water, and other easements.
Under the Turkish Civil Code, easements are regulated only in a limited number of specific types; it is assumed that no other type of easement exists. It is important to note that, within the scope of freedom of contract, the content of easements can be freely determined by the parties.
Rights of the Easement Holder
The easement holder may take the necessary measures to protect and exercise their right.
Responsibilities of the Easement Holder
The easement holder must exercise their right in a manner that causes the least possible harm to the owner of the burdened property. Exceeding this principle may constitute abuse of right, and may result in penalties.
Termination of Easement
An easement terminates upon the cancellation of its registration or the destruction of the property burdened with or benefiting from it.
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