Preventing Encroachment on Immovable Property by Administrative Authority – Law No. 3091

What Is Law No. 3091 and Why Does It Matter?

Law No. 3091 on the "Prevention of Encroachments on Possession of Immovable Property" offers a powerful administrative remedy for property owners and occupants in Türkiye. This regulation allows real estate holders—whether private citizens or public institutions—to take swift action through local administrative authorities (governors or district governors) to stop unauthorized occupation or interference with their land or buildings, without the need to initiate a lawsuit in civil court.

What Is Considered an Encroachment?

Encroachment can take many forms, including but not limited to:

• Unauthorized occupation of the property

• Illegal construction or modification

• Obstructing access or passage

• Planting on the land without consent

• Redirecting water sources

• Placing items like containers or equipment

• Any act that limits or obstructs lawful possession and use

Each situation is evaluated independently, but the central question is whether the rightful possessor’s control over the property is being impeded.

Which Authority Handles These Applications?

• If your property is within a central district: Apply to the Governor.

• If it is in a district outside the city center: Apply to the District Governor (Kaymakam).

• If there is a conflict of jurisdiction, the relevant Governor's Office or the Ministry of Interior will decide.

Who Can File a Complaint?

The following parties can initiate the procedure:

• Real estate owners or tenants

• Persons with actual control (zilyetlik) over the property

• Legal entities through authorized representatives

• Public bodies responsible for state-owned land

• Village residents in the case of community lands

Time Limits for Filing an Application

• Within 60 days from when the interference becomes known

• Within 1 year from when the interference began

Exception: For state or publicly-owned property, there is no time limit for applying.

How to File the Application

You must submit a written petition to the competent authority. Your petition should include:

• Your identity and contact details

• Exact location and title deed details of the property

• A clear explanation of the unauthorized act

• The relief you are seeking (e.g., removal of encroachment)

Depending on the local administration, this may be done in person or online.

What Happens After You Apply?

1. Investigation Begins:
   The Governor or District Governor assigns officials to investigate. This may include site visits, collecting evidence, interviewing witnesses, and preparing technical reports.

2. Decision Within 15 Days:
   The authority must make a decision within 15 days, either ordering the removal of the encroachment or rejecting the application.

3. Enforcement:
   If encroachment is confirmed, execution officers and law enforcement are dispatched to clear the property and restore it to the rightful possessor—usually within 5 days of the decision.

What If the Encroachment Happens Again?

Repeat violations are criminally punishable:

• On private land: 3 months to 1 year of imprisonment

• On public/state land: 6 months to 2 years of imprisonment

What If I Disagree With the Decision?

You may challenge the administrative decision in Administrative Court through an annulment lawsuit. However, if there is an ongoing court case involving the same property (e.g., a civil lawsuit for ownership), the administrative process under Law No. 3091 cannot proceed.

Frequently Asked Questions

Can I use this law to evict a tenant?
No. Tenancy matters fall under civil court jurisdiction and require eviction proceedings.

Can a person without a title deed still file an application?
Yes. Actual possession (zilyetlik), even without ownership, is protected under this law.

Is a lawsuit necessary?
No. The law enables administrative protection without filing a civil case.

How quickly will I get a result?
The authority must issue a decision within 15 days.

Where do I apply?

• Central districts: Governor’s Office

• Other areas: District Governor’s Office

Conclusion

Law No. 3091 is a powerful legal tool to quickly address unauthorized occupation or intervention on your real estate in Türkiye. At Bayraktar Attorneys, we assist clients in navigating this administrative process, preparing petitions, and following up with the local authorities to protect your property rights.

If someone has occupied your land, obstructed your access, or interfered with your rightful use of a property, contact us for legal support.