Easement Right Agreement
What is an easement agreement?
An easement right is an authorization that is established on a real estate in favor of another real estate or person and provides a limited benefit to the right holder. Easement rights are divided into two as personal easement rights and land easement rights.
Easement rights established in favor of a person who does not have a property right are called personal rights. In the case of personal easements, the person can be a real or legal person.
Land easement rights are easement rights established against one immovable in favor of another immovable. These rights are also called “Real Estate Easements”.
When the owner of the real estate allows someone else to use the relevant property, the resulting right to benefit is called an easement right. For the establishment of easement rights, a petition can be submitted to the provincial bookkeepers’ offices, property directorates and the Ministry of Finance where the relevant real estate is located.
PROVISIONS TO BE WRITTEN IN THE OFFICIAL DEED REGARDING THE RIGHT OF USUFRUCT
ARTICLE 1-
The immovable property for which the easement right will be established:
Province :
District :
Neighborhood/Village :
Location :
Pafta No / Volume No :
Island No / Page No :
Parcel No / Row No :
Surface Area :
Treasury Share :
Type :
Annotations on the title deed :
Boundaries :
Nature: (According to the type of immovable, if it is a building, its outbuildings, if not, the outbuildings and planted things on it will be written.)
ARTICLE 2- DURATION, COMMENCEMENT AND EXPIRATION DATE OF THE RIGHT OF USUFRUCT
An independent and perpetual/permanent (normal) easement right has been established on the immovable whose qualifications are specified in the first article under the following conditions.
Duration of the Right: ……(……..) years.
This right shall commence on the date of registration to the title deed.
ARTICLE 3- RIGHT OWNER AND ADDRESS
………………………………………………………………………………………………………………………….
Address changes shall be notified to the administration. Otherwise, this address will be accepted as valid for all kinds of notifications.
ARTICLE 4- PURPOSE OF THE RIGHT OF USUFRUCT AND THE USE OF THE IMMOVABLE SUBJECT TO THE RIGHT OF USUFRUCT
An easement right has been established on the immovable mentioned in the first article for the purpose of …………………………………………….. and …………………………………………………. will be built on this immovable.
During the term of the easement right, unless authorized by the administration, the beneficiary of the right cannot change the purpose of use of the easement right and the immovable and cannot use it for other purposes, cannot expand or change the boundaries of the area where the easement right is established.
(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)
ARTICLE 5 – CONSTRUCTION START AND COMPLETION DATES
Construction shall be started by obtaining a construction license within six months following the delivery of the immovable to the right beneficiary or its representative and the construction shall be completed within two years. If requested by the right beneficiary and if this request is deemed appropriate by the Ministry, the construction period may be extended for a total period not exceeding five years, including the period of obtaining a license. However, in cases of necessity, the five-year period may be extended on condition that a fee of twenty percent of the price of the easement right for that year is taken in return for the deprived revenue for each extended year.
ARTICLE 6-FEE FOR EASEMENT RIGHT
A-Easement Right Price of the Ground:
The first year easement right fee of the immovable shall be collected over the tender price, and the 2nd and subsequent years easement right fees (CHANGED STATEMENT RGT: 21.02.2019 RG NO: 30693) shall be collected by calculating the previous year’s price in accordance with Article 14 of the Regulation on the Administration of Treasury Immovables.
The first year’s easement fee shall be paid in advance within fifteen days from the date of notification of the decision regarding the approval of the tender to the customer. The easement right fees for the following years shall be paid in advance on the date specified in the official deed (CHANGED STATEMENT RGT: 11.09.2014 RG NO: 29116).
B-Revenue Share:
In the event that the facility to be built on the Treasury immovable on which the easement right is established is operated by the right beneficiary, a share of one percent of the total annual revenue obtained from the operation of this facility is taken. (ADDED CLUE RGT: 11.09.2014 RG NO: 29116) In the event that the total annual revenue cannot be determined due to the nature of the activity carried out by the easement right beneficiary on these places; twenty percent of the current year easement right fee is taken from the right beneficiary as revenue share.
In the event that all or part of the facility located on the Treasury immovable on which the easement right is established is rented out to third parties by the right beneficiary; a share of one percent of the gross rent is collected from the right beneficiary, and a share of one percent is collected from the tenant / tenants over the remaining amount after deducting the rent paid to the right beneficiary from the total annual revenue to be obtained from the operation of the facility.
(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)
A copy of the lease agreement between the right beneficiary and the tenants and the letters of undertaking that the rent / revenue shares to be received from them are accepted and undertaken to be paid are submitted to the administration within one month from the date of the lease transaction.
(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)
The income statement showing the annual revenue belonging to the right beneficiary and tenants and submitted to the relevant tax office as an annex to the annual declaration is certified by those authorized in accordance with the Law on Certified Public Accountancy, Certified Public Accountancy and Sworn-in Certified Public Accountancy dated 1/6/1989 and numbered 3568 and submitted to the relevant bookkeeper’s office within the month following the annual declaration period of each year and the rent/revenue shares are deposited to the relevant accounting unit within the same period. Revenue shares that cannot be collected from tenants are collected from the right beneficiary.
(AMENDED CLAUSE RGT: 11.09.2014 RG NO: 29116)
Total annual revenue consists of all kinds of prices received or accrued in return for goods or services sold or accrued in the framework of the activities of the enterprise on the Treasury immovable on which the easement right is established, maturity and exchange rate differences, interest and rental income and other income and is determined over the sum of net sales, ordinary income and profits from other activities and extraordinary income and profits in the income statement in the uniform accounting system.
(ADDED CLAUSE RGT: 11.09.2014 RG NO: 29116)
In the event that there are immovables subject to private property in the area where the business operates, in addition to the immovables where easement rights are established, the annual operating revenue based on the determination of the revenue share; If possible, it is calculated separately for the immovables where easement rights are established, if not, it is determined by multiplying the square meter unit revenue amount, which will be calculated by dividing all the revenue obtained by the business by the surface area of the total area, by the surface area of the area subject to the easement right.
(ADDED CLAUSE RGT: 11.09.2014 RG NO: 29116)
In the event that the beneficiary of the easement right leases the immovables subject to the easement right or some parts of the facilities on it to third parties to be used for base stations, ATMs and similar purposes, and although there is a provision in the official deeds that the lessees of the facilities will also receive revenue or profit share, if the annual operating revenues or profits cannot be determined due to the nature of the activities carried out by the lessees on the places they lease; a share of twenty percent of the one-year rental fee paid by the lessees to the right beneficiary is also taken from the lessees. In the event that the annual rent cannot be determined; a share of twenty percent of the rent to be determined by the commission to be established by the governorships (bookkeeper’s office) by taking into account issues such as the fair value of the immovable, the nature of the facility on it, the current year easement right price, if any, the rental prices for precedent leases made in the same region, is also taken from the lessees.
C-Failure to Pay the Fees in Due Time:
Late payment interest at the rate determined according to Article 51 of the Law on the Procedure for Collection of Public Receivables dated 21/7/1953 and numbered 6183 (AMENDED EXHIBIT RGT: 11.09.2014 RG NO: 29116) shall be applied to the easement right fees and revenue shares and other receivables not paid on time.
In case the easement right fee or revenue shares are not paid within 30 days from the due date for two consecutive years, the easement right shall be canceled and canceled from the title deed (CHANGED SENTENCE RGT: 11.09.2014 RG NO: 29116).
ARTICLE 7- COMPLIANCE WITH THE PLAN AND PROJECT
The structures and facilities to be built on the immovable subject to the easement right shall be built by the beneficiary of the right in accordance with the plan and project.
If the immovable is suitable for additional construction according to the zoning plan, construction can be made with the permission of the administration at new prices and conditions.
No construction shall be carried out in the areas belonging to the Treasury or under the provisions and savings of the State outside the boundaries of the area where the easement right is established, and the appearance and natural structure of the land or nature shall not be changed.
ARTICLE 8- CONTROL OF CONSTRUCTION AND OPERATION
The Administration is authorized to check or have checked all structures and facilities on the immovable subject to the easement right during the construction phase and during operation. Errors and deficiencies to be determined in this process shall be completed by the beneficiary of the right within the time and conditions to be determined by the Administration.
Following the completion of the construction in accordance with the project within the period specified in the project, if it is determined that the facility needs to be repaired in the controls to be carried out by the relevant administrations in the region every three years, the necessary repair will be made by the beneficiary at the expense of the beneficiary and no cost will be requested from the Treasury.
ARTICLE 9- MEASURES TO BE TAKEN
If the place subject to the easement right is a building, the beneficiary of the right is obliged to take all kinds of precautions against dangers such as sabotage and fire, to have it insured, to keep the immovable clean, to make repairs such as painting and whitewashing in accordance with the general appearance and harmony of the building if necessary, and if it is land or land; to take measures that will not reduce its value, feature and productivity, and to pay for the damage and loss that may occur due to reasons such as imprudence, carelessness, negligence and fault.
ARTICLE 10- PROTECTION AND UTILIZATION OF THE ENVIRONMENT AND COAST
Necessary measures shall be taken to prevent environmental and marine pollution and to protect forests during the use of the immovable property on which the easement right is established, and the legislation on this subject shall be strictly complied with.
The areas under the provision and disposal of the State (especially coasts and beaches) in the vicinity of the immovable on which the easement right is established shall be kept open for public use.
ARTICLE 11- TAXES, DUTIES, FEES, PREMIUMS AND SIMILAR FINANCIAL OBLIGATIONS
All kinds of taxes, duties, fees, premiums and similar obligations to be paid to the Ministry of Finance, local administrations and similar organizations for the registration, transfer and abandonment of the easement right to the title deed, construction and use of the structures and facilities shall be borne by the right beneficiary.
ARTICLE 12- PARTICIPATION IN INFRASTRUCTURE EXPENSES
The participation shares to be demanded in return for the services to be carried out by the relevant public administrations in the areas where the immovable subject to the easement right is located and the participation shares to be demanded by these unions in return for the services to be carried out by the unions established for the purpose of providing these services, if any, shall be paid by the right beneficiary.
(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)
ARTICLE 13 – TRANSFER
If the easement right beneficiary requests the transfer of the easement right to third parties, the Ministry may authorize the transfer of the easement right, provided that the debts to the administration, if any, are paid together with the default interest, the violations of the provisions of the contract are eliminated within the period given by the administration, the lawsuits filed against the administration due to the easement right are unconditionally and unconditionally waived by undertaking all judicial expenses, the new price and conditions to be determined by the administration are accepted and a new official deed is issued.
However, if the easement right is independent and permanent, this right may be transferred without the permission of the Ministry. In this case, the persons who transfer the easement right in any way must apply to the administration within one month and re-issue an official deed at the relevant land registry office with the new price and conditions to be determined by the administration according to the current market price of the day.
Except for the companies subject to the Capital Markets Law dated 6/12/2012 and numbered 6362 and whose shares are traded on the stock exchange and independent and permanent easement rights, if the beneficiary of the easement right is a company; according to the shareholding structure of the company at the date of the establishment of the easement right, the transactions that will be made later and will result in the transfer of more than fifty percent of the company shares are accepted as the transfer of the easement right and the transaction is made according to the first paragraph.
(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)
ARTICLE 14 – TERMINATION AND CANCELLATION OF THE USUFRUCT RIGHT
The easement right expires upon the expiration of the term. In addition, in the event that the provisions of the official deed are violated, the immovable is used for purposes other than the purpose of the easement right or requested by the right beneficiary, the easement right shall be canceled and abandoned from the title deed. In this case, a compensation amounting to twenty-five percent of the current year’s easement right price shall be collected from the right beneficiary and the guarantees received shall be recorded as revenue to the Treasury.
In case of expiration or cancellation of the easement right, without prejudice to the special provisions in other laws, all structures and facilities on the Treasury immovable shall be transferred to the Treasury in a sound and functional condition without compensation or compensation, and no right or claim can be made by the right beneficiary or third parties.
In the event that the right beneficiary ceases its activities before the expiration of the easement right period or causes the easement right to be canceled, the easement right fee and revenue share until the date of cessation of the activity or cancellation shall be collected.
However, in the event that the force majeure that partially or completely eliminates the use of the immovable subject to this right is not caused by the fault or personality of the beneficiary of the right, the easement right shall be mutually canceled and abandoned from the title deed without compensation and the fees for the period after the cancellation date shall be refunded.
ARTICLE 15- EVACUATION
If the beneficiary of the right does not evacuate the immovable within fifteen days following the notification to be made by the administration at the end of the right period or in case of termination of the right due to other reasons specified or not specified in this (CHANGED SENTENCE RGT: 11.09.2014 RG NO: 29116) official deed, and does not deliver all structures and facilities to the Treasury under the conditions written in this (CHANGED SENTENCE RGT: 11. 09.2014 RG NO: 29116) does not surrender all structures and facilities to the Treasury under the conditions written in the official deed, in addition to the fees to be collected according to Article 6, it must pay a penalty of one percent of the relevant year’s easement right price for each passing day. Payment of penalty cannot be considered as a reason for delaying the use of the immovable and evacuation.
ARTICLE 16- RESPONSIBILITY
The right beneficiary shall be administratively, financially and criminally liable for all kinds of damages and losses (even if accidental) that may be caused to the environment from the date of registration of the right to the title deed until the day the immovable is actually delivered to the Treasury.
ARTICLE 17 – EXTENSION OF TIME
The right beneficiary cannot request an extension of the duration of the easement right. However;
1 – Natural disasters (fire, earthquake, flood, etc.),
2 – Declaration of general mobilization in the country or partial mobilization at the place of work,
3 – The occurrence of impossibilities arising from partial exercise of rights such as general strikes and lockouts,
4 – Emergence of events such as infectious diseases and epidemics,
5 – The emergence of a legal or actual impossibility situation arising from the public, except for the fault of the beneficiary of the easement right, but preventing the full use of the right and the execution of the work for at least thirty days,
In such cases, an extension may be requested by freezing the duration of the easement right for a period of time until the actual or legal impossibility arising from the public or the force majeure event disappears.
In the event of a legal or actual impossibility arising from the public, other than the fault of the beneficiary of the easement right, preventing the full use of the right and the execution of the work for at least thirty days, or in the presence of force majeure, upon the request of the beneficiary of the easement right, the duration of the easement right is frozen for the period until the actual or legal impossibility arising from the public or force majeure is eliminated. No fee is charged for the frozen period. The price to be charged on the date when the period starts to run again is determined by increasing the price of the frozen year by the rate specified in the official deed for the elapsed period (CHANGED SENTENCE RGT: 11.09.2014 RG NO: 29116). However, the part of the price paid for the frozen year corresponding to the frozen period shall be deducted from the newly determined price by increasing at the rate specified in the official deed (CHANGED SENTENCE OGT: 11.09.2014 OG NO: 29116). The frozen period shall be added to the duration of the easement right (CHANGED SENTENCE RGT: 11.09.2014 RG NO: 29116).
ARTICLE 18- PROVISIONS TO BE APPLIED
In cases where there is no provision in this official deed, the provisions of the State Tender Law dated 8/9/1983 and numbered 2886 and the provisions of the Regulation on the Administration of Treasury Immovables and the provisions of other legislation shall apply.
ARTICLE 19- ACTIONS TO BE TAKEN REGARDING LAWSUITS
The beneficiary of the easement right shall be responsible for all kinds of lawsuits filed or to be filed in relation to the easement right, and shall notify the administration in writing within fifteen days from the date of learning about the lawsuits filed. The right beneficiary shall be liable to the Treasury for any damages that may arise against the Treasury due to failure to notify. If the lawsuit is concluded against the Treasury or the right beneficiary, whether or not the representative of the Treasury participates in the lawsuit, the right beneficiary shall not demand any compensation, right, price or anything similar from the Treasury against the damage, loss of loss and loss of profit it has suffered or will suffer.
In addition, any lawsuit to be filed against the right beneficiary in relation to the immovable on which the easement right is established shall be notified to the Treasury within fifteen days by the right beneficiary in accordance with the provisions of the Code of Civil Procedure dated 18/6/1927 and numbered 1086.
ARTICLE 20- HISTORICAL ARTIFACTS TO BE FOUND DURING EXCAVATION
When ancient and historical artifacts are encountered during project implementation, excavation operations shall be stopped immediately, the artifacts found shall be kept at the excavation site, and the nearest local authority shall be notified immediately.
ARTICLE 21- SETTLEMENT OF DISPUTES
The place of settlement of disputes is ………………………. enforcement offices and courts.