What is uspress right?

One of the most powerful rights granted to individuals by law is the right to property. The right to property, which is protected by guarantees in both constitutional, international and national laws, gives individuals the authority to use, benefit from and dispose of the property subject to ownership. In Latin, these powers are expressed as usus, fructus and abusus.

In addition to the property right, which is an absolute right, it should also be mentioned that there are some limited real rights regulated by the Turkish Civil Code. Since limited real rights are listed in limited numbers by law, no other limited real rights can be created. The usufruct right, which is the subject of our examination, constitutes a type of easement rights in the group of limited real rights. Easement rights give the rightful owner the right to use and benefit from the property. Usufruct rights, which have the characteristics of limited real rights and are included in easement rights, are included in Article 794 of the Turkish Civil Code. The law does not provide a definition for usufruct rights, but regulates areas such as the subject of the right, its establishment and termination.

There are many definitions of usufruct. The following definition has been used in the Supreme Court decisions. Accordingly:

"Usumption right is a right in rem that gives a specific natural or legal person the right to use and benefit fully on a property that is the subject of the right and belongs to someone else, and that cannot be changed hands or passed on through inheritance. Since the content of this right is determined by law, an agreement cannot be made that the right will consist of only one of the powers. However, it can be decided how the powers arising from the usufruct right will be used."

As can be understood from the above definition, with the establishment of the usufruct right, the right of the owner of the property right to use and benefit will end. After the usufruct right is established, the property right owner will only be able to exercise his right of disposition in his legal rights. This situation is called bare ownership. On the other hand, the usufruct owner will be able to benefit from and use an item that does not belong to him. In other words, the usufruct owner can use the property himself or have the right to let someone else use it. Usufruct is a combination of the Latin words "usus" and "fructus".

Since usufruct is a real right, it can be claimed against anyone. In this respect, there is a big and important difference compared to proportional rights. As clearly stated in Article 794 of the Turkish Civil Code, usufruct rights can be established on movable, immovable, rights or assets. It is necessary to consider the term rights in the law broadly and include receivables and some intangible goods within this scope. In order for the right to be subject to usufruct, it must be usable directly or in terms of the performance it covers and must be transferable. Due to the principle of certainty, real rights cannot be established over all assets. Things and rights must be subject to usufruct separately.

In this respect, usufruct rights are distinguished from other easements. In short, usufruct right is described as the right closest to property rights. The first aspect that differs from ownership is the lack of power of disposition. However, since it is tied to an individual, it is not possible to transfer the usufruct right to the heirs. We will provide detailed explanations regarding the transfer of usufruct rights under a separate heading below. Because it is possible to transfer the use of usufruct rights.

ACQUIRING USPRESS RIGHT

TMK's 795/2. According to the article; In the acquisition and registration of usufruct rights in movable and immovable properties, the provisions regarding ownership apply, unless there is a regulation to the contrary. As we mentioned above, it is not possible to transfer the usufruct right. For this reason, rights cannot be acquired through transfer acquisition. Therefore, in terms of usufruct rights, the options of actually winning and actually winning will come to the fore.

Originally Winning Situations

It is possible to acquire usufruct rights in three ways. It is possible to list these three situations as follows:

1- Legal Acquisition of Usufruct Right

Utilization situations arising directly from a provision of law are called legal usufruct. The will of the parties is not important here. The usufruct rights arising from the law are as follows:

a-TMK 798/2

In cases such as insurance and expropriation, the usufruct continues on the provision that replaces the subject of the right.

b-TMK 821/2

The subject of the performance performed and especially the principal to be repaid are subject to usufruct.

c-TMK 240

In order for the surviving spouse to continue his/her former life, he/she may request usufruct or residence rights to be granted to him/her on the residence belonging to his/her deceased spouse and in which they lived together, by offsetting it from the participation receivable, or if this is not sufficient, by adding a fee; Other regulations agreed with the goods regime agreement are reserved.

d-TMK 652/2

In case of justified reasons, upon the request of the surviving spouse or one of the other legal heirs of the testator, it may be decided to grant usufruct or residence rights instead of ownership.

2- Acquisition of Usufruct Rights by Statute of Limitations

TMK's 795/2. According to the article; In the acquisition and registration of usufruct rights in movable and immovable properties, the provisions regarding ownership apply, unless there is a regulation to the contrary. This regulation paves the way for usufruct rights to be acquired by statute of limitations. Therefore, it is possible to acquire usufruct rights over movable and immovable properties. Here, ordinary and extraordinary statutes of limitations will come to the fore.

According to Article 712 of the TMK; In terms of immovable properties, the person who appears as the usufruct owner in the land registry will be the usufruct owner if he/she remains in possession continuously and in good faith without a lawsuit for 10 years.

TMK 713 regulates the extraordinary statute of limitations. According to this regulation, a person who has been in possession of a real estate that is not registered in the land registry for 20 years continuously and in good faith without any lawsuits can acquire usufruct rights.

For movables, a period of 5 years is required. Because Article 77 of the TMK is as follows:

"A person who has possession of someone else's movable property in good faith and in the capacity of owner for five uninterrupted years without litigation, becomes the owner of that movable property through statute of limitations."

3- Acquisition of Usufruct Rights by Court Decision

Sometimes, although a contract is made for usufruct on the real estate, this contract may not be registered in the land registry. In such cases, the usufruct owner cannot assert this right against third parties who are not aware of the situation. The usufructuary may request that the contract be registered in the land registry by filing a lawsuit. A record with explanatory effect is added to the title deed by court decision.

ESTABLISHMENT OF USEFUL RIGHT - ACQUIRING ESTABLISHMENT

Another way of acquiring usufruct rights is through acquisition. In this way, usufruct rights are established through a contract drawn up in accordance with the law.

TMK's 795/1. According to the article; Usufruct rights are established by transfer of possession in movables, transfer of receivables in receivables, and registration in the land registry in immovables.

The contract to be made to establish usufruct rights on immovable properties must be made in front of the land registry officer. In other words, an official form is required for establishment in this way. Usufruct rights established without registration can only be asserted against those who know the situation. With registration, the usufruct owner can assert this right against anyone. Therefore, registration is required for the right to be a real right.

In order to establish usufruct rights over the receivable, an assignment agreement is required.

For movables, delivery of the goods is required.

RELIEF PERIOD

It is possible to establish a usufruct right for a period of time. In addition, this right can also be established permanently. Because according to Article 796 of the Turkish Civil Code; If the usufruct right is established for a limited period of time, it ends when the period expires or if the usufruct owner gives up his right before this period, when the usufruct owner dies, or if the legal entity is a legal person, the legal entity ceases to exist, or when it is no longer possible to benefit from it due to the complete destruction of the subject matter.

Usumption right, in real persons, death of the beneficiary; In legal entities, the expiration of the agreed period ends with the disappearance of the personality, if the period is not agreed upon.

"The usufruct rights of legal entities may continue for a maximum of one hundred years." (TMK 797)

establishing usufruct rights over goods subject to shared ownership

It is possible to establish a usufruct right on an item subject to joint ownership. But some boundaries have been drawn here. The usufruct right must not harm the other stakeholder or stakeholders and there must be no abuse of the right. A similar dispute to this situation was examined in the following Supreme Court decision:

"In the Turkish Civil Code, it has been accepted that a person who is a shareholder in a joint property can establish a usufruct right on his share due to the nature of the usufruct right. However, while granting this right to the shareholder, it is envisaged that establishing a usufruct right on his share will not harm the other stakeholders' use of their property rights. On the other hand, it is also a fact that selling a real estate loaded with usufruct rights will reduce the value of that real estate. In practice, some stakeholders may cause damage to other stakeholders, even though they do not have a justified and valid reason. and it is seen that they have established usufruct rights over their shares in order to put them under burden.

In accordance with the rule introduced by Article 2 of the Turkish Civil Code, everyone must comply with the rule of honesty while exercising their rights. In this context, it is accepted as a presumption that the establishment of usufruct right for the benefit of a third party during the ongoing lawsuit or just before the lawsuit is filed, was made for the purpose of reducing the demands in the sale of the real estate and ensuring the acquisition of the entire real estate for a low price. In cases filed requesting the cancellation of the usufruct right, claiming that it has been damaged by other stakeholders, the transaction regarding the usufruct right is decided to be annulled unless the opposite can be proven by the right owner." Y14 HD. 2010/10795 K.

RIGHTS OF THE USEFUL OWNER

With the establishment of usufruct, both the owner and the beneficiary acquire certain rights. However, both parties must bear some obligations. In our review topic, we will first make explanations about the rights and obligations of the right holder and then the rights and obligations of the owner.

1-Right to Retain Possession

As we mentioned above, in order for usufruct to be an exercisable right, the possession must first be transferred. Moreover, in terms of movable goods, usufruct is established with the transfer of possession. The basis for establishing usufruct is that the rightful owner has possession of the property subject to usufruct. Article 803 of the TMK provides this right; "The usufruct owner has the authority to possess, manage, use and benefit from the property that is the subject of the right." It is arranged as follows.

With possession, the rightful owner will also have some other powers that the owner has. In this regard, it should not be forgotten that the powers of the possessor should also be taken into consideration. The following evaluations were made in the following decision of the Supreme Court:

"Usumption right is a real right that gives the right to use and benefit fully on a certain item. With the establishment of this right, the owner's right to benefit is completely limited in favor of the usufruct owner. Therefore, since the usufruct covers all the economic benefits of the subject of the right, the owner is left with only "bare (dry) ownership" and is content with preserving only the legal power of disposition over that item. For this reason, the usufruct owner has the right to direct possession of the item and "It benefits from all the tools and lawsuits that protect possession, because the usufruct owner is the actual possessor of the thing (object) and the owner is the actual possessor." Y3HD. 2003/13810 K.

Zilyedin's ability to file an ecrimisil lawsuit is one of the examples of this issue. Again, the rightful owner will be able to file a lawsuit to prevent seizure and benefit from protection against invasion. An example Supreme Court decision is shared below:

"The plaintiff is the usufruct owner who is in the position of father-in-law and the case is about preventing the seizure based on usufruct rights and requesting a penalty. It must be accepted that the consent has been withdrawn after the lawsuit has been filed. Moreover, it is clear that the plaintiff asked the defendant to vacate the immovable property by warning him. The defendant declared that the house is his family residence. Along with the request to prevent the seizure, the plaintiff's request for a penalty to the defendant should be determined. must." Y14HD. 2009/12588 K.

2- The Authority to Manage, Use and Benefit from the Usufruct Item

The right of usufruct provides the opportunity to use and benefit from the property. Therefore, the rightful owner will be able to use the goods. Use here means that the goods are suitable for the actual use of the rightful owner. The rightful owner is not completely free when using the property. Because Article 817 of the TMK is as follows:

The usufruct owner cannot change the direction of economic allocation of the usufructed real estate in a way that would cause significant harm to the owner; In particular, he cannot transform it into a new shape, nor can he make any significant change in it.

The usufruct owner may open stone, lime, marble and peat quarries and similar ones, provided that he notifies the owner in advance and does not make any significant changes in the economic allocation of the real estate.

The right to manage has two aspects. The rightful owner can manage the property himself or have someone else manage it.

The usufruct owner also has the right to benefit from the goods. Two types of benefits can be obtained from an item: natural and legal benefits. The usufruct owner benefits from the natural products obtained from the property. This issue is regulated in Article 804 of the TMK as follows:

"Natural products that mature within the usufruct period belong to the usufruct owner.

The owner or usufruct owner who performs the sowing or planting may request an appropriate fee from the other party collecting the matured products for the expenses incurred, not exceeding the value of the product.

Integral parts of the property that are not considered natural yields or products due to their qualities belong to the owner."

Benefiting from its fruits also includes legal fruits. The most important and frequently used example of legal benefits is the rental of property. Therefore, the usufruct owner can benefit from rental income by renting the property.

Here, TMK article 804/3. This article must be strictly observed. Since the integral parts that are not considered the natural yield or product of the property belong to the owner, the usufruct owner does not have the authority to benefit from these products. In one of its decisions, the Supreme Court found it unlawful for the rights holder to obtain rental income by establishing a base station on the property.

Interest and other periodic income from the capital subject to the usufruct right belong to the usufruct owner from the date the usufruct begins to the date it ends, even if they become due later.

3-Authority to Request Keeping Official Books

The owner or the usufructuary may at any time request the other to keep an official register of the goods subject to the usufruct right by the notary office, in order to share the expenses. (TMK article 811)

4- Saving Authority of the Usufruct Owner

As we have stated in many places, it is not possible to transfer the usufruct right. But TMK article 819/2. An exception has been made to this rule with the article. Accordingly:

"The usufructuary may freely dispose of other movable properties that have been valued and delivered to him, unless otherwise agreed; however, if he uses this authority, he is obliged to pay the appraised value of these things at the time of return. This payment can be made by giving goods of the same type and quality, such as agricultural equipment, herds of animals, commercial goods or similar things."

CAN USEFUL RIGHTS BE TRANSFERRED?

We have mentioned in many parts of our review that usufruct is a non-transferable right. Before delving into this subject, we would like to touch upon the usufruct owner's right of disposition. The usufruct owner does not have the right to dispose of the intrinsic value of the property. However, the law provides an exception to this rule. According to Article 819 of the TMK:

"The usufructuary may freely dispose of other movable properties that have been valued and delivered to him, unless otherwise agreed; however, if he uses this authority, he is obliged to pay the appraised values of these things at the time of return. This payment can be fulfilled by giving goods of the same type and quality, such as agricultural equipment, animal herds, commercial goods or similar things."

It is not possible to transfer the usufruct right. What is meant here is the right itself. On the other hand, the right holder is not obliged to exercise his right personally. In other words, the use of the right can be transferred. Because Article 806 of the TMK is as follows:

"Unless there is a contrary provision in the contract or if it is not understood from the circumstances and conditions that it should be used personally by the right owner, the use of the usufruct right can be transferred to someone else.

In this case, the owner can assert his rights directly against the transferee."

The above provision allows the right holder to rent the property. Here, the question may come to mind: What will be the status of the tenancy if the usufruct ends with death? The Supreme Court reached the following opinion in such a case:

"From the content of the file and the collected evidence, it is understood that while the plaintiffs had bare ownership in the disputed real estate, their rights turned into full ownership with the death of the usufruct owner, and the existence of the lease agreement between the usufruct owner and the defendant is not a matter of dispute between the parties. The legal problem that needs to be resolved in the case consists of whether the lease agreement drawn up between the usufruct owner and the defendant will bind the plaintiffs upon the death of the usufruct owner. Article 799 of the Civil Code. The provision states that "when the usufruct expires, the beneficiary is obliged to return the property that is the subject of the right to the owner."

There is no doubt that the defendant has accessory possession of the real estate as a tenant.

According to the opinions put forward in the doctrine, "even if the lease agreement is annotated to the title deed, when the usufruct right expires, the owner may request the return of the property to him from the tenant. In this way, the tenant who is in charge of the lease may assert his personal rights arising from the lease agreement against the usufruct owner or his heirs" (See. Dr. Hıfzı Veldet Velidedeoğlu-Galip Esmer, Gayrimenkul Savings and Land Registry Exercise 2nd Edition Sec. 336). However, Dr. Considering the Suat Bertan problem from two perspectives, if the usufruct owner stated that the leased property was subject to usufruct right when making the lease contract, it can be said that since the usufruct right ends with death, there is a situation similar to the situation of a person who transfers his property right to someone else after making the lease contract. Since it is desired to protect the tenant against the owner's authority to transfer property rights, special provisions have been included in articles 354 and 276 of the Code of Obligations. The law maker did not find it appropriate that the owner of the property right could not exercise his right to transfer the property right until the end of the lease period when he rented his property, and since the tenant cannot be blamed for any fault in case of termination of this contract for this reason, he also found it appropriate to regulate such a situation. Since Article 806 of the Civil Code grants the usufruct owner the authority to rent out the usufruct property, the usufruct owner must bear the fact that the usufruct property is not delivered to him in accordance with the general lease provisions. Since the usufruct owner cannot be responsible for the termination of the usufruct right with his death, it is correct for the tenant to benefit from articles 254 and 276 of the Code of Obligations in this case. If so, a conditional lease agreement is created and the lease agreement is terminated upon death. This situation is not at all similar to the situation envisaged in Articles 254 and 276 of the Code of Obligations. According to the terminated lease contract, the tenant has an obligation to return it. The owner of the property right also has the right to request that the tenant fulfill his obligation to return the property, based on the authority granted by Article 806 of the Civil Code (See Dr. Suat Bertan, Ayni Haklar, C: 2 Sh. 1425).

When the problem is approached by evaluating the views explained above, it cannot be said that the case is unnecessary just by mentioning the existence of the obligation to return in Article 806 of the Civil Code, considering the fact that the new owner will be bound by the provisions of the previous lease agreement in case the lessor transfers his property rights or dies during the rental period, which is stipulated in Articles 254 and 276 of the Code of Obligations." Y1HD. 2003/8056 K.

RESPONSIBILITIES OF THE USEFUL OWNER

We have stated that the rights holder has some rights. However, the usufruct imposes certain obligations on the beneficiary. These obligations listed in the law are as follows:

1-Obligation of Maintenance and Protection

The usufruct owner has the obligation to protect and maintain the property. Article 812 of the TMK regulates this obligation and is as follows:

The usufruct owner is obliged to make the necessary repairs and renovations for the preservation and ordinary maintenance of the property that is the subject of the right.

If the preservation of the goods requires more important work to be done or precautions to be taken; The usufruct owner must notify the owner of the situation and allow these to be carried out.

If the owner refrains from performing the necessary works, the usufructuary can do them himself on his account.

2-Obligation to Pay Maintenance and Operating Expenses

Ordinary maintenance and operating expenses of the property subject to usufruct, interest, taxes and duties of the debts it guarantees, belong to the usufruct owner during the usufruct period.

If the owner has paid taxes and duties, the usufruct owner must compensate them to the owner according to the above-mentioned principle.

All other obligations belong to the owner. However, if the usufructuary does not provide the money required for the fulfillment of these, free of charge, to the owner upon his request; The owner may partially or completely convert the usufruct property into cash in order to fulfill these obligations. (TMK 813)

3-Insurance Obligation

According to Article 815 of the TMK:

According to local customs, if good management is required, the usufruct owner is obliged to insure the property against fire and other dangers in favor of the owner.

In this case, or if the usufruct right is established on an insured property, the usufruct owner is obliged to pay the insurance premiums during the continuation of the right.

On the other hand, TMK article 798/2. The following provision in the article should also be taken into consideration:

"In cases such as insurance and expropriation, the usufruct right continues on the provision that replaces the subject of the right."

4-Return Obligation

When the usufruct ends, the right holder is obliged to return the property that is the subject of the right to the owner. Otherwise, it will become an invader.

5- Liability of the Usufruct Owner for Damages

According to Article 800 of the TMK:

"The usufructuary is responsible for the destruction or decrease in value of the property unless he proves that the damage is not due to his own fault.

The usufruct owner is obliged to compensate for the things he consumes even though they are not necessary for his benefit.

The usufruct owner is not responsible for any decrease in value that occurs as a result of ordinary use of the property."

"The usufructuary may request compensation for the expenses, renewals and additions he incurred even though he was not liable, when the right expires, in accordance with the provisions of acting without power of attorney.

If the owner refuses to pay compensation, the usufructuary may remove the additions he made, provided that the property is restored to its former state.” (TMK article 801)

All claim rights that may be asserted by the owner and usufructuary at the time of restitution become statute-barred after one year has passed from this moment.

RIGHTS AND OBLIGATIONS OF THE OWNER

First of all, it should be noted that the most basic and important right of the owner is the right to dispose of the usufruct. The owner can dispose of the goods subject to usufruct. The owner can transfer the goods or establish the right of transfer. It is also possible for the owner to establish a lien.

The owner may object to the use of the property that is the subject of the right, which is unlawful or inconsistent with its nature. (TMK article 807)

The owner who proves that his rights are in danger may request assurance from the usufructuary.

If the subject of usufruct is consumables or negotiable instruments, the owner may request assurance before delivery without needing to prove the danger.

Delivery of negotiable instruments to a reliable place constitutes security. (TMK article 808)

In donations made with the intention of retaining the usufruct right, no guarantee can be requested from the donor. (TMK article 809)

If the usufruct right is established on a receivable, the owner of the receivable may request to participate in the management in accordance with Article 820 of the Turkish Civil Code.

In accordance with the 2nd and 3rd paragraphs of Article 812 of the Turkish Civil Code, the owner must take the necessary steps to preserve the property.

TERMINATION OF USEFUL RIGHT

1-Disappearance of the Item Subject to Usufruct

According to Article 796 of the Turkish Civil Code, the usufruct right ends if the property is destroyed.

"The plaintiff foundations administration requested the cancellation of the right of residence, claiming that the waterside residence and outbuildings in the real estate subject to the conflict are first-class antiquities that need to be protected and that they should be rented with the restore-operate-transfer model in order to ensure their repair and revival. The provisions regarding the usufruct right also apply to the right of residence. The complete demolition of the structure subject to the right of residence is accepted as the reason for the abolition of the right. When the scope of the file is evaluated, it was decided to accept the case. "There is nothing wrong with giving it." Y1HD 2005/1186 K.

After the destruction of the real estate, the owner does not have to restore the property. But if he does, the usufruct continues. If a compensation is received from the insurance, the usufruct right continues through the insurance.

2-Expiry of Time

As we mentioned above, usufruct rights can be established for a limited period of time. Upon expiration of this period, the usufruct right will terminate. Even if the duration is not determined, the usufruct rights of legal entities may continue for a maximum of one hundred years.

3-Expropriation

The usufruct right ends with expropriation of the usufruct property. However, this right continues based on the expropriation fee. Because Article 798 of the TMK is as follows:

"In cases such as insurance and expropriation, the usufruct continues on the provision that replaces the subject of the right."

4-Abandonment - Abandonment by Court Decision

One of the methods of termination of usufruct is cancellation. The authority to request cancellation belongs to the right owner. Abandonment can be achieved by court decision by filing a lawsuit against the right owner who does not request cancellation despite the existence of the conditions.

5-Death of the Beneficiary

Right ends with death.

6- Termination of Legal Entity

As it is known, usufruct is a type of right granted not only to real persons but also to legal entities. The right will also terminate if the legal entity ceases to exist.

7-Sale through Forced Execution

In order for the right to terminate in this situation, there must first be a pledge provided for the right. According to Articles 869/2 and 3 of the TMK:

"The lien right with an older date comes before the easement rights or immovable burdens established later on the same immovable property without the permission of the creditor. Easements and immovable burdens established later and causing harm to the pledged creditors with an older date during the conversion of the pledge into money are cancelled.

Persons whose easement rights or immovable burdens have been abandoned upon the request of the previous pledged creditor, have priority in converting the pledged immovable property into cash, over those whose rights were subsequently registered, in receiving the amount that covers the value of their rights from the sales price."

USPRESS RIGHT IN THE DISSOLUTION OF PARTNERSHIP CASE

Article 700 of the TMK regulates that if one of the stakeholders establishes usufruct rights over his own share of a property subject to joint ownership, the other stakeholders must file a suit for the dissolution of partnership (dissolution of partnership) within 3 months. According to the relevant article:

"In case a shareholder establishes a usufruct right on its own share, if one of the other stakeholders requests sharing within three months starting from the notification that the usufruct right has been established, the usufruct right in sharing through sale continues at the price that will accrue to the relevant share."

The above rule does not cover usufruct rights established before the entry into force of the Turkish Civil Code. In such cases, the sale is made in a way that the usufruct right continues.

Detailed explanations were made in the following Supreme Court decision:

"Cases for elimination of partnership are bilateral cases that end the existing co-ownership relationship between the stakeholders (partners) in movable or immovable properties subject to joint ownership or joint ownership and enable the transition to individual ownership, and have similar results for the parties."

If there is a usufruct right on the immovable property whose partnership is sought to be resolved, it is mandatory to include this right owner in the case. If there is a usufruct right established before 01.01.2002, when the Turkish Civil Code numbered 4721 came into force, on the immovable property for which the partnership is desired to be eliminated by sale, the immovable property must be sold encumbered with usufruct rights in accordance with the Supreme Court of Appeals Jurisprudence Unification Decision dated 14.03.1960 and numbered 1/3.

If the usufruct owner alone wishes to convert this right into cash or sell the immovable property without usufruct, it should be decided to sell the immovable property without usufruct, without seeking the consent of other stakeholders.

If the usufruct right was established after 01.01.2002, in accordance with Article 700 of the Turkish Civil Code No. 4721, "In case a shareholder establishes a usufruct right on his own share, if one of the other stakeholders requests sharing within three months starting from the notification of the establishment of the usufruct right; in sharing through sale, the usufruct right continues on the price that will accrue to the relevant share."

As for the concrete incident; According to the land registry records available in the file, it is understood that a usufruct right was established in favor of ... on 7/16 shares belonging to ..., one of the owners of the immovable property numbered 581, on 09.03.2011, in favor of ..., on 5/8 shares belonging to ..., one of the owners of the immovable property numbered 2522, on 09.03.2011. In this case, while the court should have ruled that the usufruct right in sharing through sale should continue based on the price of the relevant share, it was not deemed appropriate to make any provision regarding the usufruct right in the immovable property numbered 2522, and to decide on the usufruct-laden sale of the immovable property numbered 581, therefore the decision had to be reversed." Y14 HD. 2020/8417 K.