Muhdesat refers to permanent structures and installations such as houses, shops, trees, wells built on another's titled land. According to Article 718 of the Turkish Civil Code, muhdesat is generally owned by the land owner (the building follows the land); however, under certain conditions, the builder may file an ownership claim lawsuit to protect their rights.
Types of Muhdesat
- Building muhdesat: Buildings constructed such as houses, shops, hangars, warehouses
- Plant muhdesat: Vineyards, fruit trees, saplings
- Installation muhdesat: Wells, water tanks, fences, terraces
Ownership Claim Lawsuit for Muhdesat
If a person has built a structure on another's titled land with their own materials and labor, they can file a lawsuit at the civil court of first instance to establish that this structure belongs to them. The aim of the lawsuit is to register the muhdesat right in the land registry.
Lawsuit Conditions
- The structure must be of permanent nature
- The builder must provide the materials and labor themselves
- The construction must be within the knowledge/permission of the land owner
- Good faith must be present
Rights of the Good Faith Builder
If the builder built the structure thinking the land was their own (e.g., verbal purchase), according to Supreme Court 14th Civil Chamber precedents:
- The structure is considered to belong to them
- The land owner can retake the structure by paying its value
- The structure cannot be demolished (if demolition would harm the structure owner)
Status of the Bad Faith Builder
If the builder built knowing it was someone else's land: the structure passes to the land owner, but the builder can demand reimbursement of their expenses.
Expert Process
In the lawsuit, a 3-person technical expert panel is always appointed. The experts separately determine the value of the structure, the date of construction, the quality of materials and the land contribution.
As Elazığ Law Office
In muhdesat cases, we provide our clients with services in: preparing ownership claim petitions, witness hearing strategy, expert process, real estate evaluation, and representation at the cassation stage when necessary.