Easement appurtenant

Easement appurtenant is an easement established on the servient property for the benefit of the dominant property. It includes the obligation of the owner of the servient property to refrain from exercising some of the rights arising from the ownership or to tolerate the use of the servient property by the owner of the dominant property. Provided that the easement appurtenant enables a legal benefit and gives a right related to the servient property, parties have freedom to determine the content of the easement appurtenant. Easement appurtenant is regulated in articles 779-793 of Turkish Civil Code No. 4721. The subject of this study is provisions regarding the easement appurtenant in Turkish law. Within this framework, firstly, the legal nature, content and subject of the easement appurtenant are discussed. The differences between easement appurtenant and similar concepts in Turkish law are examined. Secondly, the creation of the easement appurtenant by entry in the land register and its acquisition before the entry in the land register are discussed. Thirdly, the effects of the easement appurtenant are studied. Especially, the scope of the easement appurtenant, rights and obligations of the parties and the legal consequences of the changes regarding the easement appurtenant are discussed. Finally, the extinction of the easement appurtenant with and without deletion of an entry in the land register is examined. Keywords: Real Right, Easement Appurtenant, Dominant Property, Refrain, Tolerate