Mülkiyeti

Mülkiyeti, or mülkiyet, denotes ownership of property in Turkish civil and constitutional law. It refers to the bundle of rights by which a person may possess, use, derive benefit from, and dispose of a thing, subject to the law and the rights of others. Ownership is a fundamental civil right protected by the state, though it may be limited for public interest, social considerations, or the rights of other individuals.

Ownership can be categorized as taşınır mülkiyeti (movable property) and taşınmaz mülkiyeti (real property). Real property ownership is typically established and protected through registration in the land registry (Tapu ve Kadastro Genel Müdürlüğü). The owner may use the property, enjoy its benefits, exclude others from it, and transfer it by sale, gift, or inheritance. Ownership can be encumbered by liens, mortgages, or easements, and other rights such as usufruct (intifa hakkı) or usage rights may coexist with ownership.

Transfers of ownership generally require formal steps and may be subject to taxes. Ownership can also be restricted by planning and zoning rules, environmental protections, or other public-law limitations. In certain circumstances, the state may expropriate private property for public use, with compensation (kamulaştırma).

Public property (kamu mülkiyeti) is owned by the state or municipalities, while private property is protected under the law. The concept of mülkiyet reflects a balance between individual property rights and public or social interests and has evolved within Turkey’s civil-law tradition as well as in comparative private-law systems.