What is a Predial (Real) Easement?
Easement right is known as a right established on an immovable property in favor of another real property or a person, providing the right holder with a limited benefit. The easement right can be annotated (şerh) in the land registry.
The procedures and principles regarding easement rights are set forth in the Turkish Civil Code. Pursuant to the Law, an easement right appears as follows: An easement in favor of a real property is a burden placed on one real property in favor of another real property, which compels the owner of the burdened property to refrain from exercising certain powers provided by the right of ownership or to endure the use of the burdened property in a specific manner by the owner of the benefiting property.
In circular no. 2010/4, the definition of easement right is provided as follows:
“The procedures that must be carried out for the demonstration on the maps and documents and the registration of the rights defined by the Civil Code and other relevant laws regarding the related immovable properties.” The compliance of the conducted transactions with the zoning legislation must be approved.
Predial (Real) Easements (Arzî İrtifak Hakları)
Predial easements are known as a type of easement established against one immovable property in favor of another immovable property (TCC Art. 779). These rights are also referred to as “Immovable Easements.”
In predial easements, there are two mutual immovable properties. Among these, the immovable property in whose favor the easement is established is called the dominant tenement (hakim taşınmaz), and the immovable property against which the easement is established is called the servient tenement (hadim taşınmaz).
Since a predial easement is established not in favor of a specific person but in favor of a specific immovable property, whoever owns the benefiting (dominant) property also possesses the easement right. Conversely, those who subsequently acquire the burdened (servient) property are obliged to endure this obligation.
The predial easement is attached to the immovable property in whose favor it is established. It cannot be transferred separately from it. Furthermore, it is not possible to exempt the transfer of this right during the transfer of the immovable property itself.