Rights That Can Be Transferred By Inheritance
The right of usufruct can be defined as a real right that grants a specific natural or legal person the authority to fully use (rights of use and enjoyment other than ownership) an item owned by another person, in accordance with civil law. The right of usufruct is established in favor of a specific person. Therefore, it is a personal servitude right. Consequently, this right cannot be transferred to another person and does not pass by inheritance.
The right of residence is actually a special form of the right of usufruct and is the right to use a building or a part of it as a residence. Unlike a lease agreement, the right of residence is a real right and can be asserted against anyone. A lease agreement is a personal right and can only be asserted between the parties. In this regard, the right of residence is a right established in favor of the individual and is closely tied to the individual; this right cannot be transferred to others and does not pass to heirs.
The right of superstructure is the right granted to a third party by the owner of a real property to construct a building on or above the land or to maintain an existing building. The right of superstructure provides the owner with a limited real right over the encumbered real property on the one hand, and full rights over the construction on the encumbered real property on the other. Unless otherwise agreed, this right is transferable and passes to heirs.
The right of water is an easement established for the purpose of using water from another person’s real property. Accordingly, the landowner may be compelled to grant the necessary permission for the extraction and discharge of water. Like the right of superstructure, the right of water source is also regulated among personal easements and is transferable and inheritable. However, the opposite may always be agreed upon.
A conduit generally refers to technical installations intended for the transmission and distribution of fluids such as electricity, gas, and water. A right of way, on the other hand, can be defined as permission granted to pass such installations over or under another person’s immovable property. As a rule, this right is non-transferable and does not pass by inheritance. However, it is possible to stipulate otherwise at the time of establishment, thereby enabling the right to be transferred and passed on to heirs.
Right of way is the right of a property owner to obtain a right of way from a neighboring property in exchange for full compensation when there is insufficient access from their property to the main road. This right is generally non-transferable and does not pass through inheritance. However, it may be made transferable and inheritable by agreement at the time of its establishment.
The legal right of first refusal is the situation where, if one of the co-owners of a shared property sells their share, the other co-owners have priority over a third party. This right grants the other co-owners the authority to be the first buyers of the share under the same contractual terms if one of the co-owners of the shared property sells their share to a third party. The legal right of first refusal is a right that arises directly from the co-owner under the Civil Code. Therefore, the right of first refusal, which is a right attached to the share, cannot be transferred to another person separately and independently from the share, nor can it be inherited.
The contractual right of first refusal is a right that allows the owner to limit the ownership right through a legal transaction. The pre-emption agreement, which includes the right of pre-emption, is only binding between the parties. Unless otherwise agreed, the right of purchase arising from the agreement cannot be transferred, but it can be passed on by inheritance.
The right of purchase is a right that gives the right holder the authority to become the purchaser of a property by means of a unilateral declaration. When the right of purchase regarding real estate is exercised by unilateral declaration, a sales relationship is established between the owner of the real estate and the holder of the right of purchase in accordance with the provisions of the purchase agreement. For this, the other party does not need to accept this declaration. Unless otherwise agreed, the right of purchase arising from the agreement cannot be transferred, but it can be inherited.
The right of repurchase can be defined as a right that allows the owner of real estate to repurchase their property from another person after selling it to them. Thanks to the right of repurchase, if a person sells their real estate to another person because they need money, they have the opportunity to repurchase the real estate by paying its price once their financial situation improves. Unless otherwise agreed, the right of repurchase cannot be transferred, but it can be passed on to heirs through inheritance.
Can Creditors Request the Sealing of Estate Property?
Sealing is carried out upon the request of creditors, limited to the amount of security received. If security has been provided to the creditor, sealing is not carried out, and if it has been carried out, it is removed.
What is the time limit for requesting protective measures for the estate?
Within one month of the testator’s death, one of the heirs or interested parties must apply for the determination of the estate and the keeping of the estate register. If no request is made within this period, the estate may be determined in accordance with general rules (through the determination of evidence).