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What is Usufruct Right in Turkey?
The right of usufruct is a right of easement that allows a certain person to fully utilize a property or property of another person. With the establishment of the right of usufruct, the property of the real estate keeps the core value of the property or right in itself, but allocates the benefits that can be obtained from them to a certain person.
How to Use Usufruct Right in Turkey?
Usufruct can be ;
-installed by contract,
-established by court decision and it might be legal usufruct.
1-Right of Usufruct Established by the Contract
Usufruct right on immovable property can be established by the drawing up the official deed and registering to the title deed. The legal provisions regarding the transfer of the property are also applied in the usufruct rights established on the properties. Therefore, just as a property owner can sell his property, he can establish usufruct rights for the benefit of a third party. This third person may be a real person or a legal person.
In practice, the person who usually owns the whole immovable property (ownership right and usufruct right) holds the usufruct right and sells his ownership right of the property, thereby the registration of the usufruct right to the land registry becomes essential. For example, the father donates or sells his ownership of the property to his children by keeping the usufruct right of his property. Of course, the opposite of this situation is also possible. In other words, it is also possible for the owner to establish usufruct rights in favor of someone else by keeping ownership of the property on his own.
2-Legal Usufruct Rights
The statutory usufruct right is the usufruct rights prescribed by law. Even if the legal usufruct right on the immovable property is not registered with the land registry, it can be claimed against those who know the situation. If it is registered, it can be claimed against everyone. Usufruct rights arising from the law are listed as follows:
• Usufruct right of surviving spouse in inheritance
• The right of usufruct on the property of the little one under who is custody of the parents
3-Right of Usufruct Established by the Decision of the Court
If the subject of usufruct is property, the contract for the establishment of usufruct right must be formally signed. If the owner refrains from the registration request, the creditor can provide the judicial establishment of the usufruct right. With the court decision, the usufruct right arises without registration. It is also important to note that the finalized court decision is sought for the usufruct rights to be established based on the court decision.
How Does Usufruct Right End?
The termination of the usufruct right varies according to the subject of usufruct just like its establishment. There are multiple reasons for the usufruct right allocated on the immovable property to end. These can be listed as;
• If the usufruct right has been established for a limited period of time, the expiration or waiver of the usufruct right
• Death or disappearance of personality (termination of legal personality, absence etc.)
• The complete disappearance of the real estate
• Expropriation of the real estate
• Selling the immovable through forced execution
A usufruct right can also be established on movable items or receivable rights, and this right can also be terminated.
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