NECESSARY ACCESS RIGHT AND APPLICATION PROBLEMS IN TURKEY

10th International Multidisciplinary Scientific GeoConference - SGEM2010, www.sgem.org, SGEM2010 Conference Proceedings/ ISBN 10: 954-91818-1-2, June 20-26, 2010, Vol. 1, 909-916 pp

ABSTRACT

Form time to time real estate owners have problems from each other because of
demanding access right from neighbouring real estate which has no bordering to
cadastre or reconstruction road. Neighbouring real estate owner doesn’t want to allow
the others who want to go their fields, lands or gardens with their vehicles and
equipments. According to the Turkish Civil Code Article 747, landlord who doesn’t
have enough way from his land to the general road may pay in consideration of
demanding an access right from neighbours.
In this study, problems occurred from landowners’ right of access demand on
neighbouring real estates with their vehicles and equipment while going to their lands
will be put forth and solutions for this problem will be suggested.

Keywords: Passing Right, Real Estate, Problems