JohnSwain

JohnSwain
Sitesi Access and Private Beach
Hi,

I have an apartment on a new sitesi in Bodrum of 150 properties in the Bodrum area.

Can someone please advise me on the law as it relates to access? Although we pay for security we have been told by our management company that the cannot stop anyone coming on to the site although there is no through access to anywhere else.

In addition our beach and small pontoon is now being taken over by the local community on a Sunday afternoon, yet again we are told that even though we have paid for this no beach in Turkey is private.

Is this really the case that if you have property in Turkey anyone can just turn up walk across your garden or swim in your pool, is there no such thing as trespass or even respecting others property?

If so it seems pointless to me for all the sitesi to have security that is in effect useless.

Any advise on this would be appreciated.

Thank you

John
 

celtic

Member
Sitesi Access and Private Beach
It's not clear whether the beach belongs to your site, and consequently the individual owners or not, John. You should check your tapu deeds whether the beach is considered the common area or not. If yes, you can report the ones who enter the beach against your will to the police, since it's a defined crime to violate the privacy of resident areas in the penal code.
 

Guz1

Member
Sitesi Access and Private Beach
I thought so, too, Ukizood, but wouldn't that depend on how the public access the beach? What if the only access by land is via private property? Is it the actual beach that's public or is it the beach plus the adjacent land?
 
Sitesi Access and Private Beach
I've always understood that all beaches are public in Turkey ie just because a hotel/sitesi is built, round a cove for example, public access cannot be removed. However using the private facilities, sunbeds or the pontoon for instance, is a different matter.

Interesting.
 
Sitesi Access and Private Beach
Celtic,

I too have a site where the security run by the site management says that they cannot stop anyone coming onto the site (it hasn't got a beach) and like John's there is no through access, so it is good to hear that "it's a defined crime to violate the privacy of resident areas in the penal code". Do you have a reference for this so that I can speak with my site management?

I wonder if the security guards are just being lazy or if this is just some form of protection racket :(

Brian
 

JohnSwain

JohnSwain
Sitesi Access and Private Beach
Cem,

Thank you, for your reply. My TAPU only show the total area size and my proportional share, should a list of all communal areas also be shown, or do I need to go to the TAPU office to look at the registered plans?

I too would be interested in the reference (article) for the penal code so that I can take up the access issue.

John
 

alison09400

Moderator
Sitesi Access and Private Beach
No one outside of our Sitesi is allowed to use our pool (except for guests of residents) and I think that most sitesi's have the same rule. You can' have the public coming and swimming in it when you're paying for the upkeep.
 

leylaasena

Member
Sitesi Access and Private Beach
Our Site has a beach which had been fenced in years ago so only residents could use it and Security wouldn't let anyone thru the gate who didn't live here.Even guests have to park outside and be escorted in the their host.

Last year, after complaints, they've had to open up the back gate to allow public access to the beach but people still aren't allowed to walk thru the site or use the pool.

They always knew they were trying their luck as beaches are public property.
As long as there's public access people don't have the right to cross private property to get to them tho'.
That's my understanding of it.
 

celtic

Member
Sitesi Access and Private Beach
It's true that beaches are considered public property but this doesn't and can't mean that anyone can enter your residential areas as going thorough it whenever they wish to swim.

It's not correct for me to make any comments about the relevant properties without seeing their plans and the tapu deeds, but I can still tell you that the privacy of your residential areas are strictly protected by the penal code with the 116th article therein;

The violation of the residence's privacy

Article 116 - Anyone, who enters a residence and the structures built on it ab invito(against the will) of the owner, or who refuses to leave after entered is inflicted imprisonment from 6 months to 2 years upon the complaint of the aggrieved one.
 

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