Right of construction

Granting a separate property right to a right holder over a building by means of constructing a building (structure) beneath or on a land owned by someone else or maintaining a building that is already on the land, the right of construction was enacted as a type of easement by the Law dated 14th of November, 1990 and No. 3678 and published in the Official Gazette dated 23rd of November, 1990 and No. 20704. Easement and rights of construction for public lands have taken on a new significance in line with the factors such as the rapidly-increasing population of Turkey, urbanization and increasing tourism and investment activities. As a result of such developments, the number of challenges in practice and details to be clarified with regard to rights of construction have increased as well. That is why it would be beneficial to take on efforts to meet current practical requirements and offer solutions for problems with a special emphasis on the right of construction. Delivering an analysis over the right of construction, this study benefits from a limited number of context-specific dissertations and academic articles, and dwells on the perspective of the General Directorate of Land Registry and Cadastre that introduces circulars and instructions with an impact on the enforcement of rights of construction in Turkey as well as on judicial rulings and doctrines to come to fruition. The most important factor for the right of construction to survive since ancient times by undergoing various developmental stages in various legal systems is the fact that the right of construction is granted for right holders, and it is an opportunity to own the property of buildings on a land owned by someone else, and a characteristic of this opportunity to meet some economic and social requirements in society. In parallel with the ever-increasing demands, the exercise of the right of construction becomes more and more popular as an alternative method to benefit from scarce and valuable lands, natural and touristic locations. Keywords: Right of construction, easement, right of incumbrance, land register law, immovable property, real estate, building, urbanization