Özet:

Unjust construction is regulated under articles 722, 723 and 724 of the Turkish Civil Code. According to these articles, “unjust contruction built with the constructor’s own material on a land belonging to another” is a type of unjust construction. In this type of unjust construction, the material owner has a “right of compensation” and “right to demand the transfer of the whole property or a proper part of the ownership”. Within this scope, “right to demand the transfer of the whole property or proper part of the land ownership” is tried to be analyzed in this article. According to article 724 of the Turkish Civil Code, in order to demand the transfer of the whole property or proper part of the land ownership, material owner must be acting in good faith and value of the construction must plainly exceed the value of the land. Besides, material owner must pay appropriate compensation to the land owner so as to demand the transfer of ownership

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