The Scope of Property Rights and Real Estate Ownership: A Comparative Analysis

Şebnem Akipek Öcal () and Esra Keskin ()
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Şebnem Akipek Öcal: Ankara University, Department of Business Administration, Faculty of Economics and Administrative
Esra Keskin: Ankara University, Department of Real Estate Development and Management, Faculty of Applied Sciences

A chapter in Understanding Türkiye’s Real Estate Markets, 2026, pp 141-152 from Springer

Abstract: Abstract In this chapter, real estate rights, which reflect the economic and social structures of societies and are subject to ongoing discussions, are assessed distinctly within each legal system. The State is responsible for organising the legal and administrative framework to safeguard the inviolable rights associated with real estate and ensure compliance with these rights. Furthermore, real estate rights are also protected by international regulations. In the 1961 and 1982 Constitutions of the Republic of Türkiye, property rights are enshrined as fundamental rights, stipulating that they may only be restricted in the public interest or for the benefit of society. However, the 1982 Constitution mandates that any limitation on real estate rights must be proportionate. Protocol 1 of the European Convention on Human Rights (ECHR) governs real estate rights. Numerous rulings of the Constitutional Court closely correspond with those of the European Court of Human Rights. In Türkiye, real estate rights confer extensive powers upon owners while simultaneously imposing specific duties and responsibilities. This chapter examines the regulations governing real estate rights in Türkiye, provides a general overview, and discusses their scope and application.

Keywords: Right to ownership; Real estate ownership; Scope of the real estate right; Ownership restrictions (search for similar items in EconPapers)
Date: 2026
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DOI: 10.1007/978-3-032-13297-0_8

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