What is the Right of Construction? (TMK 726 Current Guide 2026)

The question of what a construction easement is ranks among the most researched topics in the field of real estate law. Article 726 of the Turkish Civil Code clearly regulates the construction easement. Thanks to this right, a person can build on or use an existing structure on land belonging to another.

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What is a Construction Easement?

A construction easement (üst hakkı) allows a person to build a structure on land owned by another person or to use an existing structure. Therefore, the legal system separates the ownership link between the land and the structure.

Under normal circumstances, a structure is considered a part of the land. However, when a construction easement is established, the structure belongs to a different person. Thus, ownership is split into two.

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Legal Nature of a Construction Easement

A construction easement is categorized among limited real rights. For this reason, the right holder can assert this right against everyone.

Furthermore, the right holder exercises this right independently. Additionally, the right holder may transfer this right or leave it to heirs.

Therefore, a construction easement possesses the quality of a strong real right.

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Basic Characteristics of a Construction Easement

A construction easement includes certain characteristics. These characteristics clarify the scope of the right:

• The right holder obtains a real right
• The right holder gains the right upon registration in the land registry
• The right holder uses the right for a fixed or indefinite period
• The right holder establishes ownership over the structure
• The right holder transfers the right or bequeaths it

Consequently, this right offers broad powers.

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What Powers Does a Construction Easement Holder Have?

The right holder exercises various powers. These powers provide a great advantage in terms of investment:

• The right holder constructs a building
• The right holder uses the existing structure
• The right holder rents out the structure
• The right holder transfers the right

Furthermore, the right holder exercises these powers within the limits of the contract.

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How is a Construction Easement Established?

The parties follow certain steps to establish a construction easement. This process proceeds clearly:

1. The parties enter into an official contract
2. The parties have the right registered in the land registry

Therefore, the parties complete the registration process and the right is born.

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What are the Consequences of a Construction Easement?

Significant consequences arise when a construction easement is established. These consequences change the structure of ownership:

• The right holder obtains ownership of the structure
• The landowner retains ownership of the land

Thus, the structure and the land belong to different persons.

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Where is a Construction Easement Used?

A construction easement is preferred especially for large investments. For example:

• Investors use this right in shopping mall projects
• Companies apply this system in hotel projects
• Energy firms prefer this model for industrial facilities
• Public-private partnerships use this right

Therefore, a construction easement plays an important role in investment projects.

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When Does a Construction Easement End?

A construction easement ends under certain circumstances. These circumstances clearly arise:

• The right ends when the term expires
• The parties make an agreement and the right ends
• The court renders a decision and the right ends

As a result, the structure passes to the landowner at the end of the term.

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Points to Consider

Parties pay attention to some points when establishing a construction easement:

• First of all, the parties clearly determine the duration
• Additionally, the parties regulate the fate of the structure
• Besides this, the parties clarify the contract terms
• Finally, the parties complete the land registry transactions fully

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Conclusion

A clear answer to the question of what a construction easement is:
A person, within the scope of TMK 726, builds a structure on real estate belonging to another and obtains an ownership right over this structure. Thus, the ownership of the land and the structure are separated from each other.

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