Is Your Gecekondu on Treasury Land Part of an Urban Renewal Zone? A Guide to Establishing Heirs' Entitlement

In many Turkish cities, especially in older residential districts, informal dwellings (gecekondu) built years ago on land belonging to the Treasury still stand today. As urban renewal projects accelerate, a critical question arises for the families living in these structures: if the person who built the dwelling has passed away, who holds the entitlement? Only the person actually living there, or all of the heirs? In this article, we examine — in light of Yargıtay (Court of Cassation) case law — how heirs' entitlement to gecekondu dwellings on Treasury land is determined, which actions can be filed, and what to watch out for.

Why This Matters

In the urban renewal process, determining who owns a structure standing on Treasury land is decisive both for priority in benefiting from the renewal and for who will be a party to any eventual sale or allocation. When the family cannot reach agreement on this point, the mistaken belief that "whoever lives there holds the right" can lead to serious legal disputes and even to dismissal of the case.

Summary of the Situation

A family lives in a gecekondu built years ago by the deceased (the decedent) on a plot belonging to the Treasury. After the decedent's death, a dispute breaks out between the heir who continues to live in the dwelling and the other heirs over who owns the structure. When the area is brought within the scope of urban renewal, the question of in whose name the "beneficiary status" will be officially registered becomes decisive.

The Legal Issue

Under Article 599 of the Turkish Civil Code (TMK), the estate passes to the heirs upon the decedent's death. Where there is more than one heir, the heirs hold the estate in joint (collective) ownership and may exercise their rights over the estate only together. In practice, this means: actually living in the gecekondu does not, by itself, create entitlement.

Another important issue is the type of action. As a rule, a declaratory action cannot be filed where an action for performance (that is, an action directly demanding the fulfilment of an obligation) is available. However, the urban renewal process introduces an important exception to this rule.

What Does the Yargıtay Say?

Actual Use Alone Does Not Create Entitlement

In its decision Yargıtay 7th Civil Chamber, E. 2024/300, K. 2024/5380, T. 2024, the Court expressly emphasized that the heir living in the gecekondu was using it with the permission of the other heirs, and that the heirs not actually residing there also hold entitlement in proportion to their inheritance shares. Similarly, in Yargıtay 1st Civil Chamber, E. 2014/20560, K. 2015/922, T. 2015, it was accepted that where structures built by the decedent pass to the heirs, all legal heirs hold entitlement regardless of whether they actually live in the building.

According to Yargıtay 8th Civil Chamber, E. 2022/8392, K. 2023/5516, T. 2023, unless the heirs have made a consensual partition (division) among themselves, the right of use over the property must be registered jointly so as to encompass all of the heirs.

The Possibility of a Declaratory Action in Urban Renewal

In Yargıtay 7th Civil Chamber, E. 2022/5633, K. 2023/6305, T. 2023 and Yargıtay 8th Civil Chamber, E. 2021/7983, K. 2024/650, T. 2024, the Court accepted that, as a rule, a declaratory action cannot be filed where an action for performance is available, but that the property's being subject to an urban renewal scheme is an exceptional circumstance, in which case there is a current legal interest in filing a declaratory action. In such actions, concrete information and documents showing that the building is subject to urban renewal must be submitted to the case file (Yargıtay 8th Civil Chamber, E. 2014/25148, K. 2015/1609, T. 2015).

Procedural Rules: The Obligation to Act Jointly

According to Yargıtay 7th Civil Chamber, E. 2021/1704, K. 2021/4253, T. 2021 and Yargıtay 1st Civil Chamber, E. 2022/962, K. 2023/6152, T. 2023, in actions concerning rights over the estate, all heirs must act together or the other heirs must consent to the action that has been filed. If consent cannot be obtained, time must be granted for the appointment of a representative for the estate under TMK Article 640. In Antalya Regional Court of Appeal 1st Civil Chamber, E. 2017/1090, K. 2017/817, T. 2017 and Yargıtay 16th Civil Chamber, E. 2015/19455, K. 2018/2131, T. 2018, it was emphasized that actions filed without securing the participation of all heirs may be dismissed for lack of active standing.

Criteria of Proof and Limitations

In Yargıtay 7th Civil Chamber, E. 2024/15, K. 2024/4894, T. 2024, the Court stated that where it is proven that the structure was built by the decedent, that municipal payments were made by the decedent, or that the title allocation certificate (tapu tahsis belgesi) is in the decedent's name, the heirs may have their entitlement determined in proportion to their shares. However, under Yargıtay 5th Civil Chamber, E. 2024/5806, K. 2025/4033, T. 2025, it must not be forgotten that the title allocation certificate is not, by itself, a document of ownership; it merely has the character of a certificate of possession.

Points to Watch

• Proving who the structure belongs to comes first: Who built the structure, in whose name and on whose account, and who made the municipal fees and payments should be supported with documents.
• The participation of all heirs is essential: An action filed by a single heir alone carries the risk of dismissal on an objection to standing.
• Urban renewal documents must be added to the file: For the declaratory action to be accepted, an official letter, announcement or copy of the decision showing that the property falls within the scope of urban renewal must be submitted.
• There are limits for unlicensed structures: For unauthorized buildings on Treasury-owned land, a "determination of possession based on superior entitlement" may not always be available; nor is it possible to compel the administration to sell.
• Alternative route: If ownership cannot be proven, an action for performance based on the unjust enrichment provisions may be filed on account of the labor and economic contribution made to the construction.

Conclusion: What Should You Do?

If you are claiming entitlement as an heir to a gecekondu on Treasury land, you should first contact all of the heirs in your family and form a joint plan of action.

• Gather the documents showing that the structure was built by the decedent (invoices, payment receipts, the title allocation certificate, witness statements).
• Confirm with the relevant municipality or administration whether the property has been brought within the scope of urban renewal.
• If you cannot obtain the other heirs' consent, consider the route of having a representative appointed for the estate.
• Before filing the action, assess together with an inheritance/real estate lawyer whether the requirements of active standing and legal interest are met in your specific case.