What is the Right in Real?
The set of rights that can be asserted against anyone, giving sovereignty to the owner of the movable or immovable property, is called the real right. This concept, which emerged in Roman law, is also protected under the Turkish Civil Code. Some of them are rights that give broad powers to the owner, while others have full authority over movable or immovables.
It is divided into two as limited real rights and unlimited real rights:
Unlimited Real Rights
It covers the situation where the right owner enjoys the property right with full authority. Owner of the property; can use, benefit from, and dispose of the relevant structures.
Limited Real Rights
It does not give the right holder the right to dispose of the immovable. The right owner can use the immovable and also benefit from that immovable. Easement rights are divided into three as immovable burden and pledge rights:
– Easement Rights:
They are the rights that can be asserted against anyone, giving the right to use and benefit from an immovable that belongs to someone else.
– Immovable Load
It is the sum of the rights that the owner gives to the right owner to be responsible for that property.
– Pledge Rights:
It is the whole of the rights acquired by the right holder through enforcement within the scope of unpaid debts.
