The concept that we call the right of building is an easement right regulated in Article 826 of the Turkish Civil Code number 4271. According to this right, a land owner is given the right to build under or on the land he owns and to preserve the existing structure, if any. According to the relevant Article 718, the principle of merger was taken as basis while determining the ownership of real estate in scope. The property right, which is mentioned in the content of this article, also covers the air above and the supply layers below, if a benefit is obtained in its use.
In the second section of the same article, it is stated that the structures, resources and plants on the land are also covered by this property. Accordingly, in general terms, the owner of a land is the owner of all kinds of resources and plants under and above this land. At this point, one of the exceptions specified in the same law is the right of construction. Unless otherwise determined between the parties in accordance with the upper right clauses, it can be transferred to the heirs or transferred to others, and in cases where it can be transferred to others, concepts such as "independent superficial right" and "dependent upper right" can be mentioned. While the independent superficial right is transferable to the heirs or others, it is mentioned that it is a dependent super right in cases where it is forbidden to be transferred or transfuse.
CONDİTİONS OF RİGHT OF BUİLDİNG
Right of construction conditions can be established on a real person, a legal person or a real estate. The upper rights established in favor of the person are included in the "personal construction right", and the rights established in favor of the immovable are included in the "super right attached to the property". At this point, the most important point that should not be forgotten is that the upper right can only be established on real estates linked to the title deed. The reason for this is that the establishment of the right of construction depends on the registration of the title.
The most important feature that the upper right provides to the owner is that it provides the rights of other properties dependent on the land ownership. Thanks to this feature, both the landowner and the owners of the land can generate income financially. The owner of the land can earn income from the land without losing the existing ownership right on the land, but can also have the rights of ownership on the land since the termination of the upper right. The owners of the upper right also have the right to have a construction done by paying less than the acquisition value of the land without taking over the ownership of the land to them or acquire the ownership right of a construction existing in the region.
On the part of the evaluation of public lands with the right of superstition, it is possible to say that the transfer of ownership prevents such lands, which have both legal and social conditions, from being dysfunctional compared to private ownership. At the same time, the opportunity to earn income without losing property rights is also offered for the state.