Legal 500 2024 EMEA Edition
Independent and Perpetual Construction Right
The construction right among the limited real rights is regulated between Articles 726, 826 and the rest of Turkish Civil Code, granting holder the authority to construct or maintain a structure either above or below someone else's land and the ownership of that structure. If the construction right is independent and perpetual, it is recorded as "immovable" on a separate page in the land registry upon request of the right holder.
Inheritance Rights of Non-Turkish Citizens on Properties Located in Turkey
In cases where the legator and the inheritors are non-Turkish citizens, it is first necessary to determine which country's law shall be applicable for the transition of the inheritable properties located in Turkey (“Heritage”) to the inheritors. Within this framework, pursuant to Article 20 of the International Private and Civil Procedure Law numbered 5718, Turkish law shall apply for the transition of immovable properties and for the transition of movable properties, the national law of the deceased/legator shall apply.