Abstract:

The right of property is the same right that gives the owner the broadest authority. However, sometimes the various restrictions arising from the law, sometimes the legal proceedings, restrict the rightholder’s use. The rights to be examined in the study, the Turkish Civil Law md.751 vd. The provisions of the "right to enter the territory of another" are restrictions set in the border title and brought to the benefit of everyone. These limitations do not constitute a burden similar to the same rights limited to property rights, but the owner shall bear the burden of tolerance to the entrance of other persons into the land. Under the title of the right to enter the land of another person, the entrance to the forest and the mer is regulated by the provisions of the TMK md.751 , the take of the drawn things and similarities TMK md.752 and the obligation to become TMK md.753. As a rule, the property may be prevented from entering the land on the basis of the right of ownership, but in these cases, the property is left to take care of the intervention to the land in favour of others. However, the provisions relating to the right of another person to enter the land which constitutes the limit of non-mobile property often appear to be regulated not only within the framework of private law, but also taking into account the public interest. by MD.751 vd. Since the provisions are of exceptional nature, it shall not be referred to the unlimited use of the right of another person to enter the territory; this right shall only be exercised if the conditions specified in the law are fulfilled.]>

Abstract:

The right to property is a right in rem that gives the right-holder the most extensive powers. Nevertheless, various limitations either stemming from law or legal acts shall restrict the exercise of right-holder’s rights. The rights that will be examined in this paper are provided in Article 751 et al. of the Turkish Civil Code TCC under the title of “the right of access to another person’s land” and they can be claimed by anyone. These limitations do not constitute a burden on the right to property similar to that of limited rights in rem, however, they impose an obligation to the property owner to compromise the access of other persons in his or her land.Under the title of the right of access to another person’s land, the law provides provisions on the access to forest and meadow Article 751 of the TCC , collecting drifting goods and similar things Article 752 of the TCC and force majeure Article 753 of the TCC . While in principle the property owner is entitled to prevent others from entering in his or her land based on property right, the property owner is obliged to compromise the interference of others with his or her land under the conditions set forth in the law. Nonetheless, provisions on the right of access to another person’s land which constitute a limitation to the right to immovable property are not only set out within the framework of private law, but the public interest is also taken into account. Since provisions of Article 751 et al. of the TCC include exceptional circumstances, the right of access to another person’s land cannot be accepted as unlimited and it can be exercised only under certain circumstances as stipulated by law

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