PREVENTION OF ENCROACHMENTS ON IMMOVABLE PROPERTY

Abstract

This study focuses on the prevention of various encroachments on the right of possession over immovable property. The right of possession refers to the continuous and uninterrupted control over immovable property as the de facto representative of the right of ownership. Within the framework of the Turkish Civil Code and the relevant administrative legislation, the legal nature of the right of possession is examined in detail and the definition and types of encroachment are discussed in detail. The research evaluates the effectiveness of the existing legislation and emphasises the necessity of the integration of legal, administrative and technological mechanisms to prevent encroachments on the right of possession. In addition, the role of judicial decisions and the role played by the courts in this regard is analysed, and the implementation problems encountered in the protection of possession rights and suggestions for their solution are presented. As a result, it has been revealed that strengthening the legislation, increasing coordination between administrative and judicial authorities, developing technological solutions and carrying out social awareness activities are of vital importance in the protection of possession rights.