RIGHT OF RESIDENCE

What is a Right of Residence?

The right of residence is a concept that refers to a person's right to use a specific immovable property as a dwelling. This right generally encompasses an arrangement that grants permission to a person other than the owner of the immovable property to use it as a residence. The right of residence is regulated in the Turkish Civil Code, and the person possessing this right can use the property as a residence for a specified period. Unlike other immovable property rights, the right of residence is usually limited to a specific period and is considered a personal right.

Legal Basis of the Right of Residence

Article 823 and subsequent articles of the Turkish Civil Code regulate the right of residence. According to the law, the right of residence is an easement granting a person the authority to use a real estate property as a dwelling for life or for a specified period. While the right of residence is considered a personal right, its holder cannot transfer or bequeath it to another person. This right can only be exercised by the holder and remains valid unless terminated by the owner of the property.

Acquisition of Residence Permit

The acquisition of a right of residence is based on a contract between the property owner and the holder of the right of residence. For this contract to be valid, it must be made in the presence of a notary and registered in the land registry. The right of residence can only be established for residential use and cannot be used for commercial or any other purpose.

When a person wishes to obtain the right of residence, they can do so by signing a contract with the owner of the immovable property in the presence of a notary. This contract arises as a result of an agreement between the parties and, unlike a lease agreement, generally involves the transfer of the right to use the property for a specific period or for life

Termination of Residence Permit

The right of residence may terminate under certain circumstances. Firstly, it automatically terminates upon the death of the holder of the right of residence. The right of residence cannot be transferred or inherited. It also terminates upon the expiration of the period stipulated in the contract between the parties. Furthermore, the right of residence may be cancelled if it is removed from the land registry, the property is destroyed, or the right of residence is cancelled by mutual agreement between the owner and the holder of the right of residence.

If the right of occupancy expires, the owner of the property can notify the land registry office to have the right of occupancy removed from the land registry. Thus, the right of use of the property completely reverts to the owner, and there are no longer any restrictions on the use of the property.

Rights and Obligations of the Parties

The holder of the right of occupancy may only use the property as a residence. This use includes the maintenance and repair of the property. The holder of the right of occupancy is obliged to carry out minor repairs and routine maintenance procedures that may arise during the ordinary use of the property. However, major repairs or alterations that may affect the overall structure of the property must be carried out by the owner of the property.

The owner of the property shall not interfere with the right of occupancy in any way that would prevent or hinder the use of the property. The owner is also obligated to undertake any major repair and maintenance work that may arise during the use of the property by the right of occupancy.

Legal Consequences of Residence Rights

The right of residence is a personal right and can only be exercised by its holder and is non-transferable. This right is also non-transferable through inheritance. The holder of the right of residence cannot use it for commercial purposes or rent it out to others. This right can only be used as a residence and must be exercised in accordance with the conditions determined by the owner of the property.

The provisions of the Turkish Civil Code regarding the right of residence regulate the relationship between the owner of immovable property and the holder of the right of residence, while protecting the right of the person holding this right to use the property as a dwelling. This balance between the owner and the holder of the right of residence defines the rights and obligations of both parties and contributes to the prevention of legal disputes.

Conclusion

The right of residence is an important legal concept that grants the right to use real estate as a dwelling. This right, regulated in detail in the Turkish Civil Code, is acquired through contracts between the parties and terminates under certain conditions. The right of residence is a personal right, non-transferable, and can only be used as a residence. Those holding this right are responsible for the maintenance and repair of the property, while the property owner is obligated to undertake major renovations. The right of residence functions as an important legal protection mechanism regulating the relationship between the property owner and the holder of the right.