The transmission right of way

The subject of our study is the transmission right of way, which is included in limited real rights and has the quality of easement. The transmission right of way; which is the right of easement that enables the owner to pass through one or more immovables through transit channels that provide the transport of substances, energy and data such as electricity, water, natural gas. This right of easement can be established with the consent of the immovable owner, voluntarily or in cases where the neighborhood law requires it, or it can be established in favor of the administration through expropriation. Since it is not clearly stated in the Turkish Civil Code, there are debates about the type of the transmission right of way in both Turkish and Swiss law. Having the authority to build within the transmission right of way does not turn this right of easement into a right of construction. The transmission right of way is a folding easement regardless of whether the conduits have a direct connection with the immovable. The transmission right of way can be established in favor of the person or in favor of the immovable. On the other hand, the statutory transmission right of way is a legal easement that can only be established in favor of the real estate. Since the statutory transmission right of way is one of the indirect restrictions of the immovable property, the immovable owner claiming the right cannot directly enter the loaded immovable. The claimant must make a contract or file a lawsuit with the owner of the loaded immovable for the establishment of the right of easement.