

A foreign investor purchases agricultural land in Turkey but the existing tenant refuses to leave. Learn whether the agricultural lease continues after the sale, how crop-producing leases can be terminated, which notice periods apply, and what remedies are available to recover possession.
A foreign investor may purchase agricultural land in Turkey intending to farm it directly, develop an agricultural investment, establish an orchard or greenhouse, consolidate surrounding parcels or simply take physical control of the newly acquired property. After the title transfer, however, the investor may discover that a farmer is already cultivating the land under an agreement made with the previous owner.
The tenant may then refuse to vacate and argue that the land was leased for several years, that crops are still growing, that the harvest season has not ended or that the sale of the land does not affect the existing lease.
For the foreign investor, the central question becomes: Does purchasing agricultural land automatically terminate the existing tenancy and allow the new owner to remove the farmer?
Usually, the answer is no.
Article 310 of the Turkish Code of Obligations provides that when leased property changes ownership after the lease has been concluded, the new owner becomes a party to the existing lease. This rule applies generally to lease relationships and means that acquisition of the land does not ordinarily destroy an existing valid tenancy.
Agricultural leases can also fall within the special statutory regime governing crop-producing leases, depending on the substance of the arrangement. Articles 357–372 contain specific rules concerning use of productive property, payment, operation, termination, notice and return of the leased property.
The foreign investor must therefore identify the exact type of lease before attempting eviction.
This distinction is extremely important.
Foreign investors sometimes obtain general information about residential tenant eviction and assume that exactly the same procedure applies to farmland.
That can lead to serious mistakes.
Where agricultural land is leased so that the tenant can use and operate productive property and collect its produce, the arrangement may constitute a crop-producing lease within Article 357 of the Turkish Code of Obligations.
Different termination provisions can then become relevant.
Article 357 defines a crop-producing lease as an agreement under which the landlord allows the tenant, in return for consideration, to use a productive thing or right and collect its products.
Agricultural farmland used for cultivation can therefore fall within this regime where the legal characteristics of the agreement satisfy the provision.
The actual contract and use of the land should be examined rather than relying only on the title written at the top of the agreement.
Article 358 provides that general lease provisions apply to crop-producing leases where the special crop-producing lease provisions do not contain a specific rule.
This is important because the agricultural lease must be analyzed through both the general lease framework and the special rules applicable to productive property.
Generally, no.
Article 310 provides that if leased property changes ownership after formation of the lease, the new owner becomes a party to the lease agreement.
Therefore, the foreign investor usually steps into the previous owner’s landlord position.
The investor should not assume that registration of the title deed immediately creates a right to physically remove the agricultural tenant.
This is why lease due diligence should occur before the purchase.
A foreign investor may believe that they are purchasing vacant agricultural land when, legally and practically, they are acquiring land subject to an ongoing lease.
That difference can materially affect:
investment timing,
agricultural operations,
expected income,
development plans,
possession, and
the property’s commercial value.
The investor should establish the legal basis on which the farmer occupies the land.
Ask:
Is there a written lease?
When was it signed?
How long is the contractual term?
What rent is payable?
Is rent paid in money or through a percentage of crops?
What agricultural activity is permitted?
Has the lease been renewed?
Are there amendments?
Has the tenant subleased the property?
Is there any pending litigation?
These questions should be answered before any eviction strategy is chosen.
The absence of a written document should not automatically be treated as proof that the farmer has no tenancy rights.
The investor should investigate the factual relationship between the farmer and previous owner.
Evidence may include:
bank transfers,
rent receipts,
crop-sharing records,
messages,
witness evidence,
agricultural documentation, and
admissions by the previous owner.
The legal status of possession must be determined before the occupant is characterized as an unlawful trespasser.
Agricultural leases are sometimes operated informally for many years.
The tenant may claim to have paid cash annually after harvest.
The seller may deny that a lease existed or claim that permission was temporary.
A foreign investor should investigate these competing positions before purchasing rather than discovering them after closing.
Not every agricultural tenant pays a fixed monetary rent.
Article 357 specifically recognizes arrangements where rent consists of a specified proportion of the harvested produce.
Therefore, a farmer who cannot produce monthly bank transfers may still claim an established contractual relationship based on crop sharing.
The foreign investor should request the complete agricultural lease from the seller.
Do not accept statements such as:
“The farmer leaves whenever I tell him.”
“There is no real contract.”
“He only uses the field as a favor.”
“The lease ends automatically when I sell.”
“The harvest is nearly finished anyway.”
Each statement should be verified independently.
The distinction between a fixed-term and indefinite agricultural lease can be decisive.
The foreign investor should identify the original commencement date and determine whether the lease was subsequently renewed.
The fact that the document shows an old expiry date does not necessarily mean the current occupancy is unlawful.
Article 367 provides that a fixed-term crop-producing lease terminates automatically at the end of its agreed term.
However, if the parties implicitly continue the contractual relationship, the lease is generally considered renewed for one-year periods unless otherwise agreed.
This means that the investor must investigate what happened after the written expiration date.
Suppose the written agricultural lease expired three years ago.
If the previous owner continued accepting rent while the farmer continued cultivating the land, the legal relationship may have continued.
Article 367 specifically addresses implicit continuation and annual renewal.
The complete history must therefore be reviewed.
Article 368 contains an important rule for indefinite crop-producing leases.
Where the contract or local custom does not establish a different notice period, either party may terminate by complying with a minimum six-month notice period.
For crop-producing leases concerning agricultural property, unless otherwise agreed, termination notice is connected with the spring or autumn seasons recognized by local custom.
This can make agricultural eviction very different from ordinary residential eviction.
A foreign investor should not choose an arbitrary termination date without examining the nature of the agricultural activity and the applicable contractual and statutory framework.
Planting, cultivation and harvest cycles can affect the legal and practical timetable.
For indefinite agricultural crop-producing leases, Article 368 expressly refers to locally recognized spring or autumn periods unless otherwise agreed.
Agricultural practices differ according to the land, crop and region.
The relevant termination period may therefore require investigation of local agricultural custom.
A notice that ignores the legally relevant termination period can lead to delay or litigation.
The statutory six-month period should not be treated casually.
If the foreign investor purchases land expecting possession within a few weeks, an existing indefinite agricultural lease can significantly disrupt the investment timetable.
The investor should calculate the earliest legally sustainable termination date before completing the acquisition.
Foreign investors should be cautious here.
The special new-owner need provision commonly used for residential and roofed commercial premises should not simply be copied into an agricultural-land dispute.
Agricultural crop-producing leases have their own termination framework under Articles 367–371.
The correct remedy depends on the classification of the lease.
A foreign investor may say:
“I bought the land to farm it myself, so the tenant must leave.”
That commercial intention can explain why possession is important, but it does not by itself mean an existing agricultural lease disappears upon purchase.
The buyer must identify a legally valid termination basis.
Non-payment can provide an important remedy.
Article 362 provides that if the crop-producing tenant fails to pay rent or ancillary expenses after they become due, the landlord may give written notice allowing at least sixty days for payment and state that the agreement will be terminated if payment is not made within that period.
The foreign investor should therefore obtain the complete payment history from the seller.
Do not automatically use the payment-default periods associated with another category of lease.
For crop-producing leases, Article 362 specifically provides for a written notice giving at least sixty days.
Using the correct statutory framework is essential.
The seller may tell the investor:
“The farmer has not paid for two years.”
Ask for proof.
Review:
the lease,
rent schedule,
bank records,
receipts,
prior notices,
messages, and
any enforcement proceedings.
A buyer should not build an eviction strategy on an undocumented allegation of non-payment.
Agricultural tenants have statutory duties concerning operation and maintenance.
Article 364 requires the tenant to operate the leased property appropriately according to its designated purpose and, in particular, maintain it in a condition suitable for production. The tenant may not change the method of operation without the landlord’s permission in a way whose effects extend beyond the end of the lease.
Serious violations should be documented immediately.
Depending on the contract and circumstances, disputes may arise where the tenant:
uses the land for an unauthorized purpose,
damages irrigation infrastructure,
removes productive trees,
abandons necessary agricultural maintenance,
makes unauthorized long-term changes to cultivation,
uses the property for storage or industrial purposes, or
substantially changes the farming method.
The legal consequence depends on the facts and applicable lease provisions.
Article 316 requires a tenant to use leased property carefully and in accordance with the contract.
For lease relationships other than residential and roofed commercial leases, the provision permits the landlord, in qualifying circumstances, to terminate through written notification without the special prior cure procedure applicable to protected residential and roofed commercial leases.
Whether this remedy applies in a particular agricultural dispute should be assessed from the actual breach.
Photographs alone may not always establish the extent or cause of agricultural damage.
Depending on the dispute, the investor may need:
dated photographs,
videos,
agricultural expert evidence,
soil analysis,
irrigation records,
witness evidence, and
formal determination of existing conditions.
Evidence should be preserved before conditions change.
Article 365 requires the crop-producing tenant to maintain the property appropriately and perform minor repairs according to local custom.
This can become important where the investor discovers neglected irrigation systems, damaged agricultural equipment or deterioration allegedly caused during the tenancy.
Crop-producing leases contain a specific restriction.
Under Article 366, the tenant cannot sublease the leased property or transfer the right of use and operation without the landlord’s consent, subject to the limited statutory exception concerning certain parts of the property where no harmful change results.
Unauthorized transfer to another farmer can therefore become legally significant.
The person cultivating the land may not be the person named in the lease.
The foreign investor should establish:
who signed the contract,
who pays rent,
who receives agricultural income,
who possesses the land,
whether another farmer operates it, and
whether any transfer was authorized.
This can reveal unauthorized subleasing or transfer.
Ask for evidence.
The original owner’s communications and conduct may become relevant.
The foreign investor should obtain the complete contractual history before asserting that the subtenant has no rights.
Article 369 provides another potential route.
If important reasons make continuation of the lease relationship intolerable for one party, that party may terminate the agreement at any time by observing the statutory termination-notice period.
The court determines the financial consequences of extraordinary termination by considering the circumstances.
This remedy is fact-sensitive and should not be treated as a shortcut for ordinary termination.
A foreign investor should not assume that purchasing the land for a new investment automatically establishes extraordinary termination under Article 369.
The provision requires important circumstances making continuation of the contractual relationship intolerable.
The facts must support the statutory threshold.
Article 370 contains a specific rule concerning bankruptcy of the crop-producing tenant.
The lease terminates when bankruptcy is opened, although the statute provides an exception requiring continuation until the end of the lease year if sufficient security is provided for the ongoing rent and recorded property.
Commercial agricultural investors should therefore check the tenant’s legal status where financial distress is known.
Article 371 allows the tenant’s heirs and the landlord to terminate the lease by observing the statutory six-month notice period.
The investor should not automatically assume that death means immediate vacant possession.
The statutory termination mechanism must still be considered.
Article 372 requires the tenant, at the end of the lease, to return the property together with the items recorded in the relevant inventory and in their existing condition.
The tenant is also liable for reductions in value that could have been avoided through proper operation.
A detailed possession record can therefore be extremely important.
The investor should document:
soil condition,
trees,
crops,
irrigation systems,
wells,
fences,
agricultural structures,
machinery included in the lease, and
other relevant improvements.
This can reduce disputes over damage after possession is recovered.
This is often one of the most difficult practical issues.
The foreign investor may acquire the land shortly before harvest and demand immediate possession, while the tenant claims rights concerning crops produced during the lease.
The lease, termination date, crop cycle and ownership of the produce must be analyzed carefully.
The investor should not destroy or harvest crops without first determining the parties’ rights.
Ownership of the land does not justify uncontrolled self-help against an existing tenant.
Destroying crops, removing equipment or interfering with agricultural production can create additional compensation disputes and potentially other legal consequences.
Possession should be recovered through lawful procedures.
Agricultural properties may have gates, irrigation access, storage structures or machinery areas.
A new owner should not physically exclude an existing tenant merely because the title deed has changed.
The lease relationship must first be addressed.
Interfering with water, electricity or irrigation systems to make cultivation impossible can create substantial damage.
The investor should pursue the appropriate termination and possession procedure instead of using economic pressure.
Once the lease has validly ended, the tenant has a duty to return the property.
If the tenant refuses, the investor may need to pursue the appropriate legal procedure for recovery of possession.
The termination notice, lease classification and relevant dates should be reviewed before proceedings begin.
Lease disputes are generally within the current mandatory mediation framework before litigation, subject to statutory exceptions and the nature of the proceeding.
A foreign investor preparing to seek recovery of leased agricultural property should therefore determine whether mediation is a procedural prerequisite for the intended claim.
The mediation timetable should be coordinated with the lease termination date rather than started without regard to when the claim becomes actionable.
A premature action can cause avoidable procedural problems.
The investor should establish:
the applicable lease category,
termination ground,
notice period,
effective termination date, and
pre-litigation requirements.
Only then should possession proceedings be initiated.
This creates a separate issue between buyer and seller.
Suppose the sale agreement states that the agricultural land will be delivered vacant, but after title transfer the foreign investor discovers a tenant with an ongoing lease.
The investor may need to pursue the tenant according to lease law while separately evaluating contractual claims against the seller.
This distinction is essential.
Even if the seller breached a promise to deliver vacant possession, that does not automatically eliminate a tenant’s valid lease.
The foreign buyer may therefore have two simultaneous problems:
recovering possession from the tenant lawfully, and
seeking compensation or another remedy against the seller.
Save any representation such as:
“The land is vacant.”
“There are no tenants.”
“The farmer leaves when the land is sold.”
“The lease has already ended.”
“You will receive immediate possession.”
These statements may become important if the investor suffers losses because vacant possession was misrepresented.
The purchase documents should be reviewed immediately.
The buyer should preserve the advertisement, due-diligence correspondence, sale agreement and communications with the seller or agent.
An undisclosed long-term agricultural lease can materially affect the economic value and intended use of the land.
Article 312 permits the parties to agree that a real-estate tenant’s lease right will be annotated in the land registry.
However, the absence of an annotation should not automatically be treated as proof that no lease exists.
The buyer must investigate both the registry and the factual possession of the property.
A foreign investor should visit agricultural land before purchase.
Signs of active cultivation may include:
planted crops,
irrigation systems,
greenhouses,
farm machinery,
fertilizer storage,
livestock,
fencing, or
workers regularly using the land.
These should trigger questions about possession and contractual rights.
A crop-producing lease can sometimes include tools, equipment, animals or stored goods.
Article 359 requires the parties, where such items are included, to assess their values and prepare a signed inventory in duplicate.
The foreign investor should establish what belongs to the tenant and what transfers with the land.
A greenhouse may have been built by the tenant rather than the landowner.
The lease should be reviewed to determine:
who paid for construction,
whether landlord permission existed,
whether removal is required,
whether compensation was agreed, and
what happens when the tenancy ends.
Do not assume that purchasing the underlying land resolves ownership of every installation.
Agricultural investment often depends heavily on irrigation.
Before purchasing, identify who installed pumps, pipes, wells, reservoirs or other systems and whether they are legally and physically part of the property.
Disputes over these improvements can delay effective possession even after the tenancy ends.
Long-term crops can create substantial economic disputes.
An orchard differs significantly from an annual crop because the tenant may have invested in trees that produce over many years.
The original agreement, landlord consent, investment history and termination provisions should be reviewed before any trees are removed or possession is reorganized.
The investor should identify administrative registrations associated with agricultural use.
The existence of a lease, cultivation records or agricultural support arrangements does not itself determine title ownership, but it can provide evidence concerning who has been operating the land.
Administrative transition should be planned alongside recovery of physical possession.
Yes.
A negotiated termination can sometimes be substantially faster than a disputed possession case.
The investor and tenant may agree on:
a final harvest,
a surrender date,
outstanding rent,
crop ownership,
equipment removal,
restoration obligations, and
final delivery of possession.
The agreement should be documented clearly.
Suppose the investor purchases land two months before the tenant’s crop is ready for harvest.
Rather than creating an immediate dispute, the parties may agree that the tenant will complete the harvest and surrender possession on a fixed date.
This can reduce crop-damage claims and give the investor a predictable possession timetable.
Avoid vague statements such as:
“after harvest,”
“when the season finishes,” or
“when the crops are collected.”
Use an objectively identifiable date and specify the condition in which the land must be returned.
A written settlement or surrender arrangement can become important evidence.
The investor should obtain legal advice about the correct enforcement route rather than attempting physical removal.
Yes, this can be an important transaction strategy.
If vacant possession is essential, the purchase agreement can make vacant delivery a condition for completion.
The buyer can refuse to release the full purchase price until the agreed condition has been satisfied, subject to the transaction structure.
A foreign investor who absolutely needs immediate control of agricultural land may be better protected by requiring the seller to resolve the tenancy before title transfer.
Otherwise, the buyer becomes the landlord and inherits the existing lease problem.
Leased agricultural land may have a different investment value from vacant agricultural land.
The investor should consider:
remaining lease duration,
rent income,
termination timeline,
crop cycle,
litigation risk,
possession costs, and
delay to the planned project.
The purchase price should reflect these factors.
Resolving the tenant dispute does not determine whether a foreign investor is legally eligible to acquire or use the agricultural property for the intended purpose.
Foreign-acquisition restrictions, property classification and other statutory limitations should be examined separately before purchase.
Lease due diligence is only one part of agricultural land due diligence.
The investor should verify the property’s official classification and intended agricultural use.
The title description, cadastral information and actual physical use may not always tell the entire regulatory story.
Acquisition, cultivation and future development should be assessed separately.
A foreign investor may purchase farmland expecting rezoning or construction opportunities.
An existing agricultural tenant can further complicate that strategy.
The investor should independently investigate planning status, access, agricultural restrictions and development feasibility before paying the purchase price.
If the project requires physical control by a particular date, calculate backward from that deadline.
The plan should consider:
remaining contractual term,
six-month notice where applicable,
seasonal termination requirements,
mediation,
possible litigation,
appeal risk,
harvest issues, and
physical handover.
Immediate possession should never be assumed merely because the title transfer is immediate.
A foreign investor who purchases agricultural land occupied by an existing tenant should first determine the precise legal nature of the tenancy. If the arrangement constitutes a crop-producing lease, Articles 357–372 of the Turkish Code of Obligations provide a specialized framework for operation, payment, termination and return of the property.
The investor should also begin with Article 310: acquisition of leased property generally causes the new owner to become a party to the existing lease rather than automatically terminating it. The purchaser therefore should not attempt to remove the farmer merely by relying on the new title deed.
If the agricultural lease is fixed-term, Article 367 and any subsequent implicit renewal must be examined. If it is indefinite, Article 368 may require at least six months’ notice and, for agricultural crop-producing leases, attention to the locally applicable spring or autumn termination period.
Where rent remains unpaid, Article 362 provides a specific written default procedure with at least sixty days for payment. Unauthorized subleasing or transfer, misuse of the agricultural property, serious contractual breaches or important reasons under Article 369 may create other potential remedies depending on the facts.
Before initiating proceedings, the investor should preserve the lease, rent records, seller representations, photographs of the land, crop information and evidence concerning the condition and use of the property. The correct termination date and any mandatory mediation requirement should then be determined.
Where immediate vacant possession is commercially essential, the strongest strategy is often to address the tenant before purchasing the land by requiring the seller to deliver vacant possession as a closing condition.
Lawyer Fırat Fesih Kaya can examine the agricultural lease, ownership transfer, rent history, cultivation arrangement, crop cycle and intended investment to determine the appropriate termination and possession-recovery strategy.
Generally, no. Article 310 provides that when leased property changes ownership, the new owner becomes a party to the existing lease.
Purchase and intended personal use do not automatically cancel an existing agricultural lease. The applicable termination rules depend on the nature and terms of the lease.
Article 367 provides that a fixed-term crop-producing lease ends when its term expires, but implicit continuation can result in renewal for one-year periods unless otherwise agreed.
Where no different period is established by contract or local custom, Article 368 requires at least six months’ notice. For agricultural crop-producing leases, the applicable spring or autumn period recognized by local custom is also relevant unless otherwise agreed.
Under Article 362, the landlord can give written notice allowing at least sixty days for payment and state that the lease will be terminated if payment is not made within that period.
Article 366 generally prohibits the crop-producing tenant from subleasing the property or transferring the right of use and operation without the landlord’s consent, subject to the limited statutory exception concerning certain parts of the property.
The lease termination date, crop ownership and harvest rights should be examined before action is taken. The investor should not destroy or seize crops without determining the parties’ legal rights.
That may create a separate contractual claim against the seller, but it does not automatically eliminate a valid tenant’s rights.
Yes. A written early-surrender agreement addressing the final harvest, surrender date, rent, crops, equipment and condition of the property can sometimes provide a faster commercial solution.
Obtain the complete lease and payment history, determine whether the arrangement is a crop-producing lease, identify whether it is fixed or indefinite, calculate the correct termination and seasonal notice periods, document the crops and condition of the land, review any breaches, complete applicable pre-litigation requirements and avoid physical self-help while possession remains disputed.
Foreign investors can face serious delays when they purchase agricultural land and discover that an existing farmer refuses to surrender possession. The dispute may involve a continuing agricultural lease, seasonal termination requirements, unpaid rent, unauthorized subleasing, crops awaiting harvest, agricultural improvements or a seller who incorrectly promised vacant possession.
Fırat Fesih Kaya Law Office assists foreign investors with agricultural land acquisitions, agricultural lease disputes, termination notices, recovery of possession, rent defaults, unauthorized use, vacant-possession arrangements and claims arising from undisclosed tenants. Lawyer Fırat Fesih Kaya can examine the lease, land-registry position, cultivation history, payment records and intended investment to determine the appropriate legal route for recovering the property.
Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr