In Türkiye, a right of way is an easement established to provide access across one or more neighboring parcels when a property has no access to a public road, or when the existing access is insufficient for the property’s intended use. In practice, the outcome is shaped not only by the definition of a right of way, but also by demonstrating the need on objective grounds, determining the route based on technical data, depositing full compensation, and ensuring that the judgment is drafted in a form suitable for registration in the land registry.
The primary legal basis is Article 747 of the Turkish Civil Code. Under this provision, an owner who lacks sufficient access may request a right of way from neighboring owners in return for full compensation. The law requires that the route be directed first to the most suitable neighbor based on the historical ownership and road situation; if that is not possible, it must be established over the parcel that will suffer the least damage, while balancing the interests of both sides.
This article explains what a right of way is, its types, when it may be requested, and the mediation and litigation processes.
Legal Nature of the Right of Way and Registration
A right of way restricts the property rights of the burdened owner and imposes an obligation to tolerate passage for the benefit of the dominant property. For this reason, registration considerations are decisive in right of way disputes:
- Registration in the land registry is essential to establish an easement.
- The validity of an easement agreement depends on compliance with the formal requirements.
- Easements are recorded in the dedicated section of the land register.
Accordingly, actual use or informal written arrangements generally do not create a real right enforceable against third parties. To create a permanent right opposable to third parties, the agreement must be executed in the required official form and registered, or a court decision must be rendered in a manner suitable for registration.
What Is a Compulsory Right of Way?
Most right of way requests in practice are compulsory rights of way. Under Article 747 of the Turkish Civil Code:
- An owner who does not have sufficient access to a public road,
- May request a right of way from neighboring owners,
- In return for full compensation.
This framework demonstrates that a compulsory right of way is not a matter of convenience; it is a legally recognized restriction of ownership applied only where necessity is established. Judicial practice emphasizes that the need for access is assessed on objective criteria rather than the claimant’s subjective preference, and that route selection must reflect the principles of proportionality and least harm.
In practice, the need for a right of way is commonly assessed as either:
- Absolute necessity: the property has no access to a public road.
- Relative necessity: access exists, but it is insufficient for the intended use of the property, such as agricultural activity, development, or vehicle entry.
Where relative necessity is alleged, disputes frequently arise over whether an existing contractual access arrangement can be widened or improved, or whether alternative technical solutions are feasible.
Types of Right of Way
In practice, rights of way are generally evaluated under three categories:
- Contractual easement rights of way
- Rights of way based on legislation or established local practice
- Compulsory rights of way
Each category differs in legal basis, establishment method, and typical dispute areas, but the central compliance requirement in all cases is that rights intended to be permanent and enforceable must be properly documented and registered.
How to Obtain a Right of Way
A typical pathway is:
- Negotiation with the neighbor
- Mediation regarding the right of way
- If settlement is reached, execution of an agreement in the required official form and land registry registration
- If settlement is not reached, a right of way lawsuit and registration based on a court decision
Mediation in Right of Way Disputes
As of 1 September 2023, mediation has become a mandatory precondition for filing a lawsuit in disputes arising from neighbor relations. Therefore, where the right of way request is treated within the scope of neighbor rights, mediation is typically a compulsory preliminary stage. If settlement is not achieved, the final non-settlement report must be attached to the statement of claim; otherwise, the case may be rejected for failure to meet procedural prerequisites.
Mediation is generally expected to be concluded within three weeks, with a possible extension of up to one additional week in mandatory circumstances. In addition, clearly documenting the route, width, compensation, and maintenance obligations during mediation significantly reduces the risk of future disputes.
Right of Way Lawsuit: Competent Court, Jurisdiction, and Procedure
A right of way case relates to a real right over immovable property and is therefore heard by the Civil Court of First Instance as a rule. In terms of jurisdiction, the court where the immovable property is located is decisive in practice, and filing in that location is the standard approach.
Proceedings commonly involve:
- On-site inspection
- Surveying or mapping experts
- Where necessary, agricultural or zoning-related assessments
The judgment must be suitable for registration in the land registry. Accordingly, the decision should clearly specify:
- The parcels over which the right of way passes
- A route that is identifiable through a sketch, coordinates, or equivalent technical description
- The width of the passage and the manner of use
- Determination of full compensation and, in many cases, an order for deposit of the compensation
When determining the route, courts primarily apply the principles of least harm and balanced burden sharing.
Statement of Claim in a Right of Way Lawsuit
While each case requires a fact-specific approach, a well-structured claim generally includes:
- Identification of the claimant as the owner of the dominant property
- Identification of all neighboring owners likely to be burdened as defendants
- A request to establish a compulsory right of way, determine route and width, determine compensation, order deposit of compensation, and register the easement
- Proof of completion of mandatory mediation and submission of the non-settlement report
- Explanation of the access status of the property and why existing access is inadequate
- Justification for why alternative routes are unsuitable and why the proposed route causes the least harm
- Evidence such as land registry records, cadastral maps, satellite images, inspection records, expert reports, mediation documents, and relevant official correspondence
Common Disputes and Practical Risks
- Whether sufficient access exists
Objective determination of necessity is often case-determinative. Courts consider factors such as actual usability of existing access, seasonal conditions, need for vehicle access, and zoning status. - Which neighbor’s land the route should pass through
The legal approach prioritizes the most suitable neighbor based on historical ownership and road conditions, and if not feasible, the route that causes the least harm. - Width and manner of use
Overbroad demands increase conflict. Particularly for agricultural land, the route should be technically justified as necessary and proportionate, without undermining the economic integrity of the parcel. - Judgments not suitable for registration
If the route is left ambiguous, land registry registration may fail in practice. Technical clarity is essential for a registrable decision. - Balancing use of the easement
The beneficiary must exercise the right in a manner that causes the least harm to the burdened owner. Changes in need cannot be used to impose disproportionate additional burdens.
Assessment and Conclusion
In summary, the question “what is a right of way” is not merely theoretical. Managing the process properly requires a multi-layered approach—from mediation to technical inspection, from compensation determination to land registry registration. A sound answer to “how to obtain a right of way” depends on structuring this end-to-end process correctly.
If your property’s access to a public road is insufficient, or if you are facing a right of way claim, early planning—especially regarding mediation strategy, route selection, and designing a registrable solution—directly affects the duration and cost of the dispute. For legal support and a case-specific assessment, you may contact our specialized team.
