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Right of Way on Property Guide

Right of Way on Property Guide A right of way (geçit hakkı) is an easement affecting defined parcels; verify the registered benefitted and burdened parcel, scope, route or description and any conditions rather than relying on a path that is merely used in practice. Physical access and legal access are different.

Author / reviewer: JUANA Real Estate Last reviewed: 2026-08-20
Right of Way on Property Guide

Right of Way on Property Guide A right of way (geçit hakkı) is an easement affecting defined parcels; verify the registered benefitted and burdened parcel, scope, route or description and any conditions rather than relying on a path that is merely used in practice. Physical access and legal access are different.

A driveway across a neighbour’s land can be convenient yet insecure if no enforceable right supports it. Assess how the easement affects construction, privacy, maintenance and future sale for both parcels; if access is essential to the purchase, make confirmation of the registered right a pre-closing condition.

Cadastre and enforceable planning status

If area, boundary, land character or a right of way has changed, reconcile the result with TKGM, the municipality and relevant technical documents rather than a commercial map. Turn the review topic into provable facts: identity, date, amount, registry status, document or technical condition. Land verification starts with ada/parsel, boundaries and cadastral records, then moves to the planning and building status held by the competent authority. TKGM Parsel Sorgu is useful for locating a parcel and viewing data, but it does not replace cadastral documents or an official determination when boundaries are disputed.

Planning review should distinguish higher-level plans from the 1/1000 implementation plan and from the parcel’s actual imar durumu; an advertisement saying “residential” is insufficient. The result can affect what is actually registered to the buyer or which restrictions travel with the property, so it is not a minor clerical issue. Check permitted use, height, density or building rights, setbacks, roads, public-space effects and any pending or recent plan amendment. For each fact use a source capable of proving it and link the result to its effect on purchase, ownership or cost.

Property identity and the current registry

Turn the review topic into provable facts: identity, date, amount, registry status, document or technical condition. If a representative acts, check the representation document against the party’s identity, scope of authority and transaction type. A mismatch in unit, share, owner or a newly added restriction requires the file to be reconciled again before payment or completion. The current TKGM land-registry record is the starting point for proving the owner and the property; an old title-deed copy or an advertisement is not a substitute.

The result can affect what is actually registered to the buyer or which restrictions travel with the property, so it is not a minor clerical issue. Match the name and identity or legal-entity details, province, district, neighbourhood, ada/parsel and the independent-unit number where applicable. Read mortgages, attachments, annotations, easements and other restrictions before a material commitment. Web Tapu allows applications for transactions such as sale, mortgage and inheritance transfer, but it does not make an earlier registry copy current evidence. For each fact use a source capable of proving it and link the result to its effect on purchase, ownership or cost.

Independent unit and land share

The land share is not decorative data; it forms part of the ownership structure and can affect rights, voting, allocation of some common obligations and redevelopment. Turn the review topic into provable facts: identity, date, amount, registry status, document or technical condition. A wrong independent-unit number or share can connect the buyer to a different legal unit from the one inspected. Compare the registry with the independent-unit plan, project description, actual use and management plan rather than relying on the door number shown in the building.

For condominium property, keep three items separate: whether the record is Kat İrtifakı or Kat Mülkiyeti, the independent-unit number and the land share (arsa payı). The result can affect what is actually registered to the buyer or which restrictions travel with the property, so it is not a minor clerical issue. Conversion to Kat Mülkiyeti is tied to documents including the building-use permit under TKGM procedures, so Kat İrtifakı alone is not proof that construction is fully completed or that occupancy approval exists. For each fact use a source capable of proving it and link the result to its effect on purchase, ownership or cost.

A right of way must match both the legal route and the route actually used

A dirt track, gate or path used by neighbours does not by itself prove a permanent right of way. Read the registry to identify any registered easement, the benefiting and burdened parcels and the scope of the right, then reconcile that legal description with the cadastral map and what can physically be used on site. If access to the public road depends on another owner’s land, the issue can be material to usability, resale and financing and should be resolved before buying land or a villa. Distinguish a registered private access right from a public road and from an informal route created by practice; photographs and inspection show physical reality, while the existence and legal scope of the right require the registry and the instrument that created it.

Frequently asked questions

How should “A right of way (geçit hakkı) is an easement affecting” be applied specifically in Right of Way on Property Guide?

A right of way (geçit hakkı) is an easement affecting defined parcels; verify the registered benefitted and burdened parcel, scope, route or description and any conditions rather than relying on a path that is merely used in practice.

How should “Assess how the easement affects construction, privacy, maintenance and future” be applied specifically in Right of Way on Property Guide?

Assess how the easement affects construction, privacy, maintenance and future sale for both parcels; if access is essential to the purchase, make confirmation of the registered right a pre-closing condition.

How should “Physical access and legal access are different. A driveway across” be applied specifically in Right of Way on Property Guide?

Physical access and legal access are different. A driveway across a neighbour’s land can be convenient yet insecure if no enforceable right supports it.

Sources

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