The Content and Protection of Ownership Rights

Legal Article · 12 November 2026
Thomas Andreas Di Constantinople, Attorney at Law

Ownership confers the broadest powers over property recognised by law. Article 683 of the Turkish Civil Code (TMK) regulates the owner's powers of use, enjoyment and disposal. Using property, benefiting from its income and transferring it are examples. Ownership, however, is not unrestricted freedom. Statutory limitations, the rights of others and the principle of good faith affect how it may be exercised.

The Scope of Property and Protective Claims

The owner's powers depend on the subject matter of the right. Under Article 684 TMK, integral parts generally follow ownership of the principal thing. Accessories have a different legal status and are assessed under Article 686. Whether a building, machine or feature on land is independent property or an integral part may affect transfer and recovery disputes.

The owner may seek return of property through a proprietary recovery action against a person holding it unlawfully. Where interference does not require delivery of the property but prevents the exercise of ownership powers, a claim to prevent interference may arise. The two claims serve different functions. In a dispute, whether the other party relies on a lease, easement or another right of use matters as much as the type of interference.

Reliance on ownership does not make it unnecessary to investigate whether the interference is unlawful. Being the owner alone may not suffice against a person with a valid right of use. Likewise, the requirements for restoration or compensation for use exceeding its permitted limits are assessed separately. The land register entry, boundary information and nature of actual use help compare the claimed power with the interference.

This article has been prepared for general legal information.