The important point for a foreign buyer is:

Buying land without road access does not automatically create a road, but qualifying landlocked property may potentially obtain a legally protected right of passage through agreement or court proceedings.

What Is Landlocked Property?

A parcel is commonly described as landlocked when it does not have adequate legal access to a public road.

For example:

Public road → Parcel A → Parcel B → Foreign buyer’s Parcel C

If Parcel C has no independent connection with the public road, the owner may need to cross Parcel A or B.

However, physical access and legal access must be distinguished.

A tractor path may physically exist while the foreign owner has no registered right to use it.

Physical Road Does Not Necessarily Mean Legal Road Access

This is one of the most important due-diligence issues for foreign buyers.

A road visible on the ground may be:

• Public road
• Private road
• Part of another parcel
• Registered easement
• Informal route used with permission
• Agricultural track
• Road shown only in a development plan
• Route created by longstanding neighbor cooperation

The legal status should be established from official records.

Seller Says “This Is the Road”

That statement should never be accepted without verification.

Suppose a seller takes a foreign investor to a parcel using a four-meter dirt road and says:

“This road belongs to the property.”

After purchasing the land, the foreign buyer discovers that the entire route belongs to three neighboring landowners.

Those neighbors then install a gate.

The buyer may have two different legal problems:

Access dispute with neighboring owners

and potentially

Claims arising from representations made during the sale.

First Check the Title Registry

Before considering litigation, determine whether an access easement already exists.

The title records should be examined for rights benefiting the property, including a registered right of passage.

If an existing registered easement provides adequate access, the issue may not require establishment of a new right.

Instead, the problem may involve interference with an existing property right.

Check the Cadastral Map

The cadastral map should then be examined.

Important questions include:

• Does the parcel touch a public road?
• Which parcels surround it?
• Is there a cadastral road?
• Where is the nearest public-road connection?
• Which neighboring parcels could provide access?
• Are there multiple possible routes?

This analysis should be completed before deciding whom to sue.

Planning Road Versus Existing Road

Foreign investors should be particularly careful with undeveloped land.

A development plan may show a future road beside the property.

That does not necessarily mean that the road has already been physically opened and legally implemented.

Therefore distinguish:

Road shown in planning documents

from

existing legally usable public road.

This distinction can materially affect both property value and development feasibility.

What Is a Compulsory Right of Passage?

A compulsory right of passage is a property-law mechanism designed to provide adequate access where a parcel lacks sufficient connection to a public road.

Rather than transferring ownership of the neighboring strip to the foreign buyer, the procedure generally establishes an easement allowing passage over a defined route.

The neighboring owner remains the owner of the land.

The benefiting parcel receives a legally protected access right.

Is the Neighbor Required to Give the Road for Free?

No.

The compulsory-passage mechanism is based on compensation.

The owner whose land is burdened by the passage is entitled to compensation determined according to the applicable legal and valuation principles.

Therefore:

Compulsory passage ≠ free acquisition of neighboring land.

The foreign owner should include the expected compensation in the financial analysis of the property.

Can a Foreign Buyer Establish the Right After Purchase?

Potentially, yes.

The fact that the buyer voluntarily purchased land without direct road access does not by itself mean that a compulsory-passage mechanism can never be considered.

The legal analysis focuses on matters such as:

• Current access situation
• Public-road connection
• Neighboring parcels
• Existing easements
• Genuine access need
• Appropriate route
• Burden on neighboring properties
• Compensation

However, buying a landlocked parcel should never be treated as guaranteeing that the owner will receive exactly the route desired.

The Buyer Cannot Simply Choose Any Neighbor

Suppose the foreign owner’s parcel is surrounded by four properties.

The owner prefers to cross Parcel A because it gives the shortest route to the main highway.

But crossing Parcel A would divide a residential garden and pass beside a house.

Parcel B provides a somewhat longer route through undeveloped land.

The court is not necessarily required to select Parcel A merely because the foreign owner prefers it.

Route selection must consider both access necessity and the burden imposed on neighboring properties.

Least Harmful Appropriate Route

A central principle in compulsory-passage disputes is avoiding unnecessary damage to the burdened property.

The technical investigation may compare several routes.

For example:

Route	Length	Affected Area	Main Issue
Route A	55 m	165 m²	Crosses residential garden
Route B	80 m	240 m²	Crosses undeveloped land
Route C	95 m	285 m²	Requires two neighboring parcels

The shortest route is not automatically the correct route.

Previous Ownership and Parcel Division Matter

The historical relationship among the parcels can also become relevant.

Suppose one large property originally had direct road access.

The owner later divided it into four parcels and sold the rear parcel without providing an access route.

That history may be important when determining where the compulsory passage should be located.

Therefore, obtain historical cadastral and ownership information where the origin of the landlocked condition is relevant.

Absolute Access Need

The clearest situation is where the parcel has no usable legal connection to a public road.

For example, the foreign buyer’s property is surrounded entirely by privately owned parcels.

This presents a classic access problem.

Inadequate Existing Access

The issue can also arise where some access exists but is objectively insufficient for the legitimate needs of the property.

For example, a narrow path may exist, but the owner argues that it cannot reasonably accommodate the lawful agricultural use of the parcel.

However:

Inconvenient access is not automatically inadequate access.

The claimant must establish genuine necessity.

“I Want a Better Road” Is Not Enough

A compulsory right of passage restricts someone else’s property.

Therefore, it should not become a mechanism for obtaining a more convenient route merely because the foreign owner prefers it.

A buyer generally cannot say:

“I already have legal access from the north, but the southern route would save me five minutes, so my neighbor must give me a road.”

The existing access must be examined objectively.

How Wide Can the Passage Be?

There is no universal road width automatically available to every property owner.

The appropriate width depends on legitimate need.

Relevant considerations can include:

• Property type
• Agricultural use
• Ordinary vehicle access
• Existing conditions
• Technical feasibility
• Burden on neighboring land

A claimant seeking an unusually wide route should be prepared to explain why it is necessary.

Agricultural Land

Foreign buyers frequently encounter access problems after purchasing agricultural parcels.

A narrow pedestrian path may not be sufficient for legitimate agricultural machinery.

Technical evidence may therefore address:

• Tractor access
• Agricultural equipment
• Terrain
• Existing routes
• Necessary width

The court should nevertheless avoid imposing a broader easement than the legitimate access need requires.

Villa Land

Suppose a foreign buyer purchases a parcel for a detached house.

The property does not directly touch a public road.

The owner may require ordinary vehicle and pedestrian access.

But this does not automatically entitle the owner to demand a wide boulevard across the neighboring parcel.

The route and width must remain proportionate to the legally established need.

Commercial or Development Land

A foreign company may purchase land intended for a commercial project and later discover that access is inadequate.

This can become particularly expensive because project feasibility may depend on:

• Heavy vehicle access
• Planning requirements
• Emergency access
• Construction traffic
• Utility connections

A compulsory private passage easement should not automatically be assumed to solve every planning or development-access requirement.

The project’s administrative requirements should be investigated separately.

Road Access and Building Permission Are Different

Obtaining a private right of passage does not automatically mean the property becomes legally buildable.

Separate issues may include:

• Planning status
• Parcel frontage requirements
• Building permit conditions
• Infrastructure
• Development restrictions

Foreign investors should therefore avoid buying land on the assumption:

“If I win a passage lawsuit, I can definitely build.”

That conclusion may be incorrect.

How Is the Route Determined?

A court will usually require technical examination of the properties.

A survey expert may identify:

• Foreign-owned parcel
• Neighboring parcels
• Public roads
• Existing paths
• Buildings
• Terrain
• Alternative routes
• Proposed widths

The court can then compare the alternatives.

Court Inspection

An on-site inspection can be especially important.

Maps alone may not reveal:

• Steep slopes
• Buildings
• Retaining walls
• Streams
• Agricultural installations
• Existing roads
• Trees
• Physical obstacles

A route that appears ideal on paper may be impractical on the ground.

Compensation to Neighboring Owner

The owner receiving the passage must generally compensate the owner whose land becomes burdened.

The valuation should reflect the actual effect of the easement.

Factors may include:

• Land value
• Area occupied by passage
• Route location
• Impact on use
• Agricultural loss
• Development consequences

An expert valuation may be required.

Example Compensation Problem

Suppose a three-meter-wide passage requires 100 meters across a neighboring parcel.

The easement affects 300 square meters.

The financial analysis cannot necessarily be reduced to:

300 m² × average land price.

The easement may affect the neighboring parcel’s overall use or value differently.

Expert valuation is therefore important.

Property Prices Can Change During Litigation

Right-of-passage proceedings may continue long enough for property values to change substantially.

An outdated valuation can become problematic.

Where necessary, current valuation evidence should be obtained so that the compensation corresponds appropriately with the conditions relevant to the final decision.

Compensation Should Be Budgeted Before Buying

Foreign buyers considering landlocked property should estimate:

Purchase price + Legal expenses + Survey costs + Compensation for passage + Road construction + Potential infrastructure costs.

A “cheap” parcel can become much more expensive once legal access is included.

Who Should Be Sued?

The correct neighboring owners must be identified.

Do not rely on:

• Person living next door
• Person who installed the gate
• Person introduced as “the owner”

Obtain current title records.

The neighboring property may be owned by:

• Multiple co-owners
• Heirs
• Company
• Different person from the occupant

Procedural mistakes can substantially delay the case.

Route Crosses Several Parcels

Sometimes one neighboring parcel cannot provide complete connection to the public road.

The proposed passage may need to cross two or more properties.

The relevant owners must then be considered in the proceedings, and the technical route should provide continuous access all the way to the public road.

Route Must Actually Reach a Public Road

A passage that merely reaches another landlocked parcel does not solve the problem.

The final route should provide an effective legal connection to a public road.

This should be verified technically before litigation.

Can the Parties Agree Without a Lawsuit?

Yes.

A negotiated easement can often be faster and less expensive than litigation.

The parties can potentially agree on:

• Route
• Width
• Compensation
• Vehicle use
• Maintenance
• Gate arrangements
• Registration

For a permanent solution, however, the legal formalities and title-registry requirements should be completed properly.

Do Not Rely on a Handshake

A neighboring owner may say:

“You can always use my road.”

Years later that property may be sold.

The new owner may disagree.

A foreign investor spending substantial money on real estate should generally seek a legally secure and appropriately registered access arrangement rather than relying on personal goodwill.

Seller’s Personal Relationship With Neighbor

This is a common risk.

The seller may have crossed the neighbor’s land for twenty years because the families were friends.

The buyer assumes the road belongs to the parcel.

After the sale, the neighbor refuses access.

Personal permission given to the seller should not automatically be treated as a permanent property right benefiting the buyer.

Seller Misrepresented Road Access

The foreign buyer may have additional remedies if road access was materially misrepresented.

Important evidence can include:

• Sales contract
• Reservation agreement
• Property listing
• Brochure
• Messages
• Emails
• Maps
• Videos
• Statements by seller or agent
• Due-diligence documents

Depending on the circumstances, the access problem may therefore generate both a neighboring-property dispute and a contractual dispute.

Real Estate Agent Says the Road Is Public

Do not rely exclusively on this statement.

The legal status should be independently verified.

Preserve any written representation if it later proves incorrect.

Developer Shows an Internal Road

In development projects, a brochure may show roads connecting individual plots.

Foreign buyers should verify whether those roads are:

• Public roads
• Common areas
• Separate private parcels
• Registered easements
• Merely conceptual project features

A drawing in a brochure does not by itself establish a permanent property right.

Existing Right of Passage Is Blocked

Suppose the foreign-owned parcel already benefits from a registered easement, but the neighbor installs a gate and prevents use.

The issue is then different.

The owner may not need to establish a new compulsory passage. Instead, judicial protection of the existing registered easement may be appropriate.

Obtain the precise registry entry and route documentation.

Can the Neighbor Put a Locked Gate Across the Road?

A neighboring owner may retain legitimate security interests, but any arrangement must respect an existing legally enforceable passage right.

If a gate effectively makes the easement unusable, the foreign owner may need to seek protection against interference.

Document repeated obstruction with photographs and videos.

Do Not Break the Gate Yourself

Even if the owner believes the access obstruction is unlawful, forcibly damaging the neighbor’s gate can create an additional dispute.

Use appropriate legal remedies rather than self-help.

Can an Interim Order Provide Access During the Case?

Depending on the circumstances, interim judicial protection may be evaluated where complete lack of access creates urgent and serious consequences.

But temporary access should not be assumed to be automatic.

The court will consider the legal basis, evidence, urgency and effects on both properties.

Can Utilities Be Installed Through the Passage?

Not automatically.

A passage easement and utility easements are not necessarily identical.

Installation of:

• Electricity
• Water
• Sewer
• Gas
• Telecommunications

may require separate rights, permissions or administrative procedures.

Foreign buyers should investigate utility access independently.

Who Pays for Building the Road?

Establishment of the easement does not necessarily mean the neighboring owner must construct a finished road for the foreign buyer.

Physical road construction, maintenance and improvement can involve separate legal and administrative issues.

The judgment or agreement should be reviewed before undertaking work on the neighboring property.

Registration of the Passage Right

A permanent passage solution should be properly reflected in the title registry.

This protects the legal relationship between the benefiting and burdened properties and reduces dependence on the personal identities of current owners.

Registration is particularly important before:

• Resale
• Development
• Mortgage financing
• Long-term investment

Mortgage Financing

A bank considering land as collateral may investigate whether the parcel has lawful access.

Lack of road access can reduce:

• Valuation
• Marketability
• Development feasibility
• Lending willingness

Foreign buyers financing property should therefore investigate access before signing the final sale.

Resale Problems

A foreign owner may eventually discover that the absence of road access makes the property difficult to sell.

Prospective buyers may ask:

Is there a registered road?

Is there an easement?

Is litigation pending?

How much compensation will be required?

Resolving the access problem can materially improve legal certainty.

Can Foreign Owners File a Right-of-Passage Lawsuit?

Foreign nationality does not itself prevent a registered property owner from relying on the ordinary property-law mechanisms available for protecting and using the property.

The key questions concern the parcel and surrounding properties rather than nationality:

• Does sufficient access exist?
• Which route is appropriate?
• Which property must bear the easement?
• What compensation is due?

Foreign Owner Lives Abroad

The owner may potentially pursue the process through an appropriately authorized representative.

Depending on the case, representation can cover:

• Title investigations
• Cadastral records
• Negotiations
• Survey procedures
• Litigation
• Court inspections
• Registration

Formal requirements for a power of attorney executed outside Turkey depend on the jurisdiction and manner of execution.

Due Diligence Before Buying Land Without Road Access

Foreign buyers should investigate at least the following before purchase:

1. Does the parcel touch a public road?
2. Is the visible road actually public?
3. Does a registered passage easement exist?
4. Who owns the physical access route?
5. Is the route wide enough for the intended lawful use?
6. Are there realistic alternative routes?
7. Which neighboring properties would be affected?
8. What compensation might be required?
9. Does the planning status require additional road conditions?
10. Did the seller make contractual promises about access?

These questions should be answered before paying the purchase price whenever possible.

Can Lack of Road Access Reduce the Purchase Price?

Certainly from a commercial perspective, legal access is a significant property characteristic.

A landlocked parcel can require substantial additional expenditure and litigation.

Foreign investors should therefore incorporate access risk into valuation and negotiations rather than treating the issue as a minor technical detail.

Can the Purchase Be Cancelled Because There Is No Road?

There is no automatic rule that every purchase of land without road access can simply be cancelled.

Potential remedies against the seller depend on factors including:

• Contract
• Representations
• Buyer’s knowledge
• Property description
• Intended use communicated to seller
• Access promises
• Nature and seriousness of the problem

The sales file should be reviewed separately from the right-of-passage claim.

2026 Legal Position

As of 2026, the fundamental Civil Code framework governing compulsory passage remains the relevant legal mechanism for private properties lacking adequate access to a public road. Article 747 is the central statutory provision.

The compulsory-passage mechanism balances two property interests: the foreign owner’s need to make reasonable use of a landlocked property and the neighboring owner’s right not to have their land unnecessarily burdened.

Accordingly, the typical sequence is:

Check public-road connection → Check registered easements → Examine parcel history → Survey alternative routes → Identify affected owners → Establish genuine access need → Determine the least burdensome appropriate route → Value the easement → Pay the required compensation → Obtain and register the passage right.

Foreign buyers should not assume that buying landlocked property guarantees the route, width or price they prefer.

30 Steps After Discovering the Purchased Land Has No Road

1. Obtain the current title record.
2. Obtain the cadastral map.
3. Verify whether the parcel touches a public road.
4. Check for registered easements.
5. Identify the road physically used.
6. Determine who legally owns that route.
7. Obtain neighboring parcel information.
8. Review historical parcel division.
9. Preserve the seller’s representations.
10. Preserve the real estate advertisement.
11. Preserve maps supplied before purchase.
12. Preserve messages and emails.
13. Commission an appropriate cadastral survey.
14. Identify every possible route to a public road.
15. Compare route lengths.
16. Compare affected surface areas.
17. Examine buildings and other obstacles.
18. Consider topography.
19. Determine legitimate access width.
20. Identify all affected owners.
21. Check for co-ownership and inheritance issues.
22. Obtain preliminary valuation information.
23. Attempt negotiations where appropriate.
24. Do not construct a road without legal authority.
25. Do not forcibly remove gates.
26. Evaluate compulsory-passage litigation.
27. Budget for compensation.
28. Assess separate seller-related claims.
29. Ensure any established easement is properly registered.
30. Resolve legal access before major construction, financing or resale.

Frequently Asked Questions

1. I bought land in Turkey and later discovered that it has no road. Can I obtain access?

Potentially yes. Where the property lacks adequate access to a public road, the Civil Code’s compulsory-passage mechanism may allow an easement to be established over neighboring property subject to the statutory requirements and compensation.

2. Can I choose the shortest road?

Not automatically. The route should satisfy the genuine access need while taking into account the burden imposed on neighboring properties.

3. Does my neighbor have to provide the passage for free?

No. A compulsory passage is established in return for compensation to the owner whose property is burdened.

4. I already see a dirt road to the land. Is that enough?

No. Determine whether the road is public, privately owned or protected by a registered easement. Physical use alone does not necessarily establish a permanent access right.

5. Can I obtain vehicle access rather than only pedestrian access?

Potentially, where vehicle access is objectively required by the property’s legitimate use. The necessary width and route require case-specific technical assessment.

6. What if the neighbor refuses every offer?

Where the statutory conditions exist and voluntary agreement fails, a compulsory right-of-passage lawsuit may be considered.

7. Can the passage cross several neighboring parcels?

Potentially yes, where necessary to provide continuous access to a public road. The affected properties and owners must be properly identified.

8. Can I sue the seller for selling land without road access?

Potentially, depending on the sales contract, representations, buyer’s knowledge and other circumstances. Seller liability should be analyzed separately from the passage lawsuit.

9. Does obtaining a right of passage mean I can build on the land?

Not necessarily. Planning status, building-permit requirements, road frontage and infrastructure rules are separate issues.

10. Should foreign buyers check road access before purchasing land in Turkey?

Yes. Legal road access should be a core part of real-estate due diligence. A visible track or seller’s verbal assurance should not replace review of title, cadastral and planning records.

Legal Assistance for Foreign Buyers Who Purchase Land Without Road Access in Turkey

Purchasing land without legally secured road access can substantially affect its market value, development potential, mortgageability and resale prospects. The problem becomes especially serious where the seller represented a private road as public access or where neighboring owners close an informal route immediately after the sale.

Fırat Fesih Kaya Law Office provides legal assistance to foreign individuals, investors and companies facing road-access, easement, cadastral and neighboring-property disputes in Turkey.

Lawyer Fırat Fesih Kaya assists foreign property owners with title and cadastral investigations, assessment of existing easements, compulsory right-of-passage lawsuits, alternative-route analysis, compensation disputes, negotiations with neighboring owners, protection of existing passage rights and claims arising from misleading representations concerning road access during a property purchase.

Early legal and technical review is particularly important before beginning construction or development, where several neighboring parcels may be affected, where the seller promised road access that does not legally exist, or where the owner intends to mortgage or resell the land.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This publication is provided for general informational purposes and does not constitute legal advice. Whether a compulsory right of passage can be established, where it will be located and what compensation must be paid depend on the cadastral records, surrounding parcels, existing access, property history, legitimate use, technical alternatives and evidence in the individual case.