Iyelik

Iyelik is a Turkish term referring to the ownership or title of a thing, describing the legal relationship by which a person has the right to use, enjoy, and dispose of a property within the limits set by law. It is a broad concept that covers movable and immovable property and can also apply to rights that the law recognizes as ownership. The owner’s rights typically include exclusive use, the right to derive fruits or income from the property, and the authority to transfer or encumber the property.

Acquisition of iyelik occurs through various routes. It can be obtained by contract, such as sale, donation, or exchange; by inheritance; or through acquisitive prescription in accordance with the law, when possession is long and uninterrupted. Iyelik can also arise by accession, where one property grows into or becomes part of another under the same ownership.

Transfer and encumbrances: Ownership can be transferred by title deeds or formal instruments. Ownership may be limited or encumbered by other rights, such as servitudes or easements, mortgages (ipotek), and other legal restrictions. Public authorities may also exercise powers that affect ownership, such as expropriation in the public interest.

Protection and limitations: The owner has legal recourse against unlawful dispossession or interference with the property. Ownership rights must respect the rights of others, public order, and applicable environmental and planning laws. In some cases, disputes over iyelik are resolved by courts or administrative bodies.

Relation to other concepts: Iyelik is closely related to possession (zilyet). While iyelik denotes a legal title and the right to dispose of the property, possession refers to actual control or physical custody of the item without necessarily implying ownership. In modern Turkish law, the formal term for the ownership right is mülkiyet, while iyelik appears in older sources and everyday language.