AC
Anasayfa Makaleler Real Estate Law

Right of Way (TMK art.855-859)

31 Mayıs 2026 Real Estate Law 1 dk okuma 41 görüntülenme Son güncelleme: 8 Mayıs 2026

TMK Article 855: In order for a real estate to access a public road, a right of way may be granted to a neighboring real estate.

Conditions

  • The public road connection of the real estate is insufficient
  • It is mandatory to pass through the neighboring real estate
  • Payment of price (goods) to the owner)

Process

  1. Suit in the civil court of first instance
  2. Expert examination (alternative means)
  3. Determination of the price
  4. Land registry registration

Price

  • Damage suffered by the neighboring property owner
  • Value of the passage area
  • Not in the form of annual fee but only one one time

Supreme Court 14. HD

14. HD adopts that the right of way should be granted "in case of necessity" and that it will be rejected if there is an alternative way.

Real estate lawyer is recommended.

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