Pre-Emption Right Arising from the Neighborhood Relations in Agricultural Lands

Considering the Turkey's geopolitical location, soil structure and the associated economic areas, agricultural lands are of great importance. Accordingly, in Turkish law, various regulations have been introduced for this type of land.

The Law No. 5403 on Soil Conservation and Land Use (“Law”) regulates the use of the pre-emption right arising from the neighborhood relations in agricultural lands.

The right to pre-emption grants authorization to a person of first priority to purchase a commodity sold to a third party. With the Law, various regulations have been introduced to protect the immovable agricultural properties, the pre-emption right to purchase the properties, and to increase the efficiency of agricultural activities. The purpose of these regulations is to integrate agricultural lands.

The right of pre-emption defined in the first paragraph of Article 8 / I of the Law is devoted to the family property partnership within the framework of the law of inheritance. The Law states that in addition to the the joint owner, the neighbors are entitled to use of pre-emption right.

In case of the sale of an immovable property to third parties in the agricultural land, the owner – who is the neighbor of the property – is allowed to use the right of legal pre-emption. In order to use the right of pre-emption, there must be a border between the lands.

With this regulation, it is intended to combine the neighboring agricultural lands to prevent the division of agricultural areas. Here, the neighbor may claim the right of pre-emption by filing a lawsuit.

Pre-emption right can be used by paying the sales price upon learning that the neighboring parcels in the agricultural land are sold or that the property of neighboring parcel is going to be sold.

Yazar : Gulel Hukuk

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