What is Acquisitive Prescription According to Article 777 of the Turkish Civil Code? (2026 Updated Guide)

What is Acquisitive Prescription?

Article 777 of the Turkish Civil Code regulates acquisitive prescription as one of the ways to acquire immovable property. Primarily, this institution allows a person to acquire ownership rights if they have used an immovable property as an owner for a long period of time.

In its simplest form: Even if a person is not the actual owner of the immovable, they may become the legal owner if they use it as an owner for a long period.

However, this process is not based solely on the duration of use; specific legal requirements must also be met concurrently.

The Legal Meaning of Acquisitive Prescription

Acquisitive prescription refers to a method of acquiring ownership based on possession. In other words, a person obtains ownership rights through actual use.

Therefore, in this process:

• First, the person is not the owner
• However, they use the immovable as an owner
• As a result, if the legal conditions are met, they become the owner

Thus, the factual situation turns into a legal consequence over time.

Conditions for Acquisitive Prescription

For ownership to be acquired through acquisitive prescription, certain conditions must be met concurrently. Therefore, every condition is of great importance.

1. There must be possession

First, the person must establish actual control over the immovable. Furthermore, this control must be continuous.

2. There must be use as an owner

Additionally, the person must use the immovable as if it were their own property. Otherwise, acquisitive prescription will not occur.

3. Continuous and uncontested use is required

Also, possession must continue without interruption. At the same time, this use must not be subject to any serious objection.

4. The duration condition must be met

Finally, this use must continue for the period specified by law.

Acquisitive Prescription Period

⏱️ As a rule, 20 years of continuous possession is required.

For this reason, it is not possible to acquire ownership before the period expires. Additionally, the duration requirement constitutes the most critical element of this institution.

Consequences of Acquisitive Prescription

Once the conditions are fulfilled, significant legal consequences arise. First, the person becomes the owner via a court decision. Then, the title deed registration is performed. As a result, ownership becomes legally finalized.

Thus, factual use turns into a legal right.

Application to Registered and Unregistered Immovables

Acquisitive prescription is not applied in the same way for every immovable. Therefore, the registration status of the immovable is of great importance.

• Application is more limited for registered immovables
• In contrast, there is a wider scope of application for unregistered immovables

Therefore, the nature of the immovable directly affects the outcome of the process.

Most Common Situations in Practice

Acquisitive prescription occurs especially in the following situations:

• First, lands that have been used for many years
• Additionally, immovables without a title deed
• Furthermore, places where factual use continues without interruption

Therefore, in practice, it is most frequently encountered in land disputes.

Points to Consider

Certain factors play a critical role in this process. First, possession must be continuous. Furthermore, the person must clearly prove that they have been using the property as an owner. Finally, the duration must be calculated accurately.

Otherwise, acquisitive prescription will not occur.

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Short Summary

📌 First, possession is required
📌 Additionally, use as an owner is mandatory
📌 Furthermore, a 20-year period must be completed
📌 As a result, ownership is acquired

Conclusion

Within the scope of Article 777 of the Turkish Civil Code, acquisitive prescription allows for the acquisition of immovable property through possession. Primarily, factual use plays an important role. However, the legal requirements must also be met concurrently. As a result, this regulation ensures that long-term factual use gains legal protection.

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