Being located near the sea is not, on its own, a reason to cancel a title. It must first be clarified whether the parcel actually lies within the coastal area, and which boundary and technical data determine this. Confusing the coastal strip behind the coastal edge line with the area legally regarded as the coast leads to wrong results, both for ownership and for construction.
Where the coastal character of a place is proven, a private ownership entry may not be protected. However, cancelling a title does not mean that the owner will in every case suffer an uncompensated loss. Damage arising from the keeping of the land registry and the liability of the state are assessed separately. The file therefore has two distinct questions: Has the boundary been correctly determined, and if a legally valid loss of ownership exists, how will the damage be remedied? 123
Coast, coastal edge line and coastal strip: how are they separated?
Under Article 4 of the Coastal Law No. 3621 (3621 sayılı Kıyı Kanunu), the coastline is the line formed by the points where water touches the land under normal conditions. The coastal edge line marks the natural landward boundary of the sand, pebble, rock, reed and similar areas formed by the movement of water. The area between these two lines is the coast. The definition covers not only seas but also the lakes and rivers included in the law. 1
The coastal strip is a separate area extending landward from the coastal edge line, which the law sets at no less than one hundred metres. The restrictions on use and construction in the coastal strip are important; however, it cannot be said that every property in this area is closed to private ownership. The distance of a hotel, a dwelling or a plot from the sea is not, by itself, a criterion for cancelling a title.
| Concept | What does it show? | Core question for the title |
|---|---|---|
| Coastline | The line where water meets land under normal conditions | Does the measurement match the natural situation? |
| Coastal edge line | The natural landward boundary of the coast | Was it established in due form and can it be technically verified? |
| Coast | The area between the two lines | Is private registration compatible with the public-property regime? |
| Coastal strip | The area on the landward side of the coastal edge line | Which planning and construction restrictions apply? |
Article 43 of the Constitution of the Republic of Türkiye and Article 5 of the Coastal Law are based on the state's sovereignty and disposal rights over the coasts and on everyone's right to benefit from them. A title record, a zoning plan, a building permit or the payment of tax does not, by itself, change the natural or legal coastal character. These documents may nevertheless be important in examining how the property was acquired and in assessing the compensation that may be claimed. 12
Which documents are used to examine the coastal edge line?
The source of the administrative line and its finality
Article 9 of the Coastal Law provides that the coastal edge line is determined by a commission formed by the governorship and takes effect upon approval by the Ministry. In a file, it is not enough to have a screenshot showing the line. The approval date, the scale of the map sheet, whether there has been a revision, how the line was applied to the relevant parcel, and whether it has become final administratively or judicially should all be investigated. 1
An administrative act determining the line may give rise to legal disputes different from a challenge to the ownership record. The duty and time limit for an administrative challenge are not the same as those for an ownership action in the civil courts. Waiting to file a title action does not restart a time limit that has already run for the administrative act. The effect of notification, public announcement, knowledge and special provisions on time limits should be assessed separately on the facts of the specific file. 4 For more detail, the article land, zoning and construction for tourism facilities may also be read.
Questions the expert examination must answer
Determining the coastal character requires a technical examination. Geological and geomorphological findings, old aerial photographs, topography, soil structure, test pits and the application of the map can be considered together. The fact that the parcel now appears to be further from the sea, or that agriculture is carried on there today, does not by itself explain the natural boundary. Nor does the fact that landfill was carried out later mean that the former coastal character has disappeared automatically.
The report must explain on what grounds it takes the administrative line as its basis, or why it reaches a different scientific result. It should show, with coordinates, surface area and a sketch, whether the whole parcel or only part of it is affected. Where different reports conflict on colour-coded areas, boundaries or calculations, that conflict should be resolved before any conclusion is reached. For a decision to be applied in the land registry, more detailed determination is needed than the statement that the land "lies on the coast". Related details can be found in the article objection to an expert report.
Why did the 2026 Court of Cassation decision require a fresh examination?
Decision of the 1st Civil Chamber of the Court of Cassation (Yargıtay 1. Hukuk Dairesi) dated March 9, 2026, E.2026/588, K.2026/1836, makes concrete the need for a technical report in coastal disputes to be verifiable. In the file examined, there were inconsistencies among the administrative coastal edge line, the affected part of the parcel and the expert's explanations. The Chamber required that the boundaries be explained with scientific data, that the relevant lines be distinguished on the sketch, that the definitively established findings concerning neighbouring properties be assessed, and that the necessary technical investigation be completed. The judgment, given on an incomplete examination, was quashed. 5
This decision does not support the conclusion that "if there is a coastal claim, the title will certainly be cancelled". Nor does it mean that the owner's title will definitively be protected. The reason for quashing was that the dispute had not been sufficiently clarified. In practice, an objection to an expert report must show concrete contradictions in coordinates, surface area, method or reasoning, rather than an abstract objection.
For example, if the report text says that the whole parcel lies on the coast but the supplementary sketch shows only a narrow part of it, a decision to re-register or to cancel the entry that does not explain which result was taken as the basis would create a problem. This example is an explanatory scenario drawn from the method of the decision; it is not a separate judicial file.
Parties and evidence in a title cancellation action
As a rule, an action to cancel the title and to delete the entry from the land registry on the ground of the coast falls within the jurisdiction of the civil court of first instance (asliye hukuk mahkemesi) in the place where the property is located. If cadastral proceedings are ongoing, jurisdiction is examined separately. The defendant is the current owner of the registration sought to be cancelled; the existence of more than one owner, or of shares, affects the composition of the parties. The same party and jurisdiction scheme cannot be used for an action to annul an administrative act. 347
For the case file, the chain of registrations from the first formation of the title to the present day, all transfers in that chain, the cadastral minutes on which it is based, earlier court decisions, coastal sheets and approval documents should be requested. A building permit or a zoning status certificate issued by the municipality may also be submitted to the file; using them as if they removed the coastal boundary would be incorrect.
From the owner's perspective, it is important to examine whether the claimed boundary actually applies to the parcel, rather than relying only on the existence of the title. From the Treasury's perspective, the basis for the claim that the land is public property, including its location, extent and technical grounds, must be explained. If a transfer takes place during the action, the procedural consequences are assessed under HMK Article 125; the former owner and the new owner should not be treated as necessary parties to the same claim at the same stage. 7
If a title is cancelled, does the state pay compensation?
TMK Article 1007 regulates the liability of the state for damage arising from the keeping of the land registry. The loss of a right acquired in reliance on the registry, in connection with the coast, may be subject to a compensation review within this framework. However, the actual damage, legal causation, the scope of the loss of ownership and the valuation must be examined on their concrete circumstances. The subject matter, parties and proof of an action for cancellation and of an action for compensation should not be confused. 3 In this respect, the article state liability arising from the land registry may also be read together with this one.
The basic investigation required by the 2024 decision
Decision of the 5th Civil Chamber of the Court of Cassation (Yargıtay 5. Hukuk Dairesi) dated December 19, 2024, E.2024/2431, K.2024/10278, emphasises the legal basis of the boundary for the purposes of compensation. The Chamber required investigation of when and by what procedure the coastal edge line was determined, of its approval and finality status, and of whether it overlaps with the property. The compensation judgment, given without these matters having been sufficiently clarified, was quashed. 6
It cannot be concluded from this decision that compensation will be paid directly for every parcel near the sea, or for parcels that are merely mentioned as coastal in a municipal letter. The legal situation affecting ownership must first be established, and then the conditions for compensation evaluated. The valuation date and the method of calculation should also be justified according to the legal nature of the claim.
Which loss items must be explained separately?
The value of the property or of the cancelled part, and the buildings, facilities, loss of income and expenses incurred, are not the same calculation item. The basis of each claim, the date on which it caused loss and the evidence for it should be explained. When the value of a right is paid, a head of claim that compensates the same loss a second time should not be created. Nor can it be assumed that all the costs of an unlicensed or unlawful structure on public property are automatically covered.
Rather than giving a single answer such as "X years after the cancellation" that would suit every file, the finality of the decisions, the time at which the loss arose, knowledge and the applicable limitation period should be examined together. Waiting for the outcome of the title action without examining the time limit may lead to loss of rights.
How should a file be prepared in Antalya and other coastal regions?
In tourism regions, the coastal boundary, protection areas, the tourism plan, permits and zoning implementation may arise together for the same parcel. Each of these documents answers a different legal question. Designating tourism use in a zoning plan does not, by itself, lead to the conclusion that the coast may be subject to private ownership.
The review should begin by matching old and new parcel numbers, transferring the coastal sheet to the correct coordinate system, extracting the chain of title and collecting information on the finality of the relevant decisions. If a forest or Treasury claim also exists, these should be addressed under separate headings. For related topics, the articles forest and 2/B lands, Treasury and public property claims and cancellation of zoning implementation may be read together. The explanations in the article permits and EIA process for a marina and yacht harbour may also be used for comparison.
Conclusion
In a coastal title cancellation, what is decisive is not proximity to the sea but the area in which the property lies legally and technically. A sound review examines how the boundary was formed, how the sheet was applied to the parcel and whether the reports are consistent. If a loss of title occurs, the public-property character of the land and the remedy for the loss should be treated as separate matters, and the party, time limit and calculation of compensation should be established on their own terms.
Frequently Asked Questions
Is every title within one hundred metres of the sea cancelled?
No. The coastal strip and the coast are not the same. For a title cancellation, it is examined whether the property lies within the coastal boundaries; restrictions on construction in the coastal strip are assessed separately.
Does a building permit prevent cancellation on the ground of the coast?
A permit does not, by itself, change the coastal character. However, administrative acts in the processes of acquisition, construction and loss may be examined separately in the relevant proceedings.
Can the coastal edge line sketch be objected to?
Yes. The administrative process of determining the line and the technical application in the title action must be kept separate. A wrong coordinate, a contradictory report or an incomplete examination can be shown with concrete evidence.
If part of a parcel lies on the coast, is the whole parcel cancelled?
The affected area must be determined technically. Unless it is proven that the whole parcel is in the same situation, no conclusion for the whole parcel can be drawn from an overlap in only one part.
Does buying a title in good faith protect the registration on the coast?
The public-property character of the coast is decisive for private ownership. Acquiring in reliance on the registry is separate from protecting the registration itself, but it may be important in assessing compensation.
Can compensation be claimed without the title being cancelled?
The definitive legal situation affecting ownership and the actual loss are examined. It cannot be said that the same order of proceedings always applies, or that a single coastal claim is enough to justify payment.
How many months does a coastal case take?
There is no fixed period. The inspection, scientific reports, administrative boundary procedures, the number of parties and review on appeal all affect the duration. A date for conclusion should not be promised without the data of the file.
Sources and legal bases
- Coastal Law No. 3621 (3621 sayılı Kıyı Kanunu), Articles 4, 5 and 9.
- Constitution of the Republic of Türkiye (Türkiye Cumhuriyeti Anayasası), Articles 35 and 43.
- Turkish Civil Code, Law No. 4721 (4721 sayılı Türk Medeni Kanunu), Articles 715 and 1007.
- Administrative Procedure Law No. 2577 (2577 sayılı İdari Yargılama Usulü Kanunu), time limits for applications and actions.
- Court of Cassation, 1st Civil Chamber (Yargıtay 1. Hukuk Dairesi), March 9, 2026, E.2026/588, K.2026/1836, full-text reproduction. Secondary publication; the research and quashing grounds of the decision were reviewed.
- Court of Cassation, 5th Civil Chamber (Yargıtay 5. Hukuk Dairesi), December 19, 2024, E.2024/2431, K.2024/10278, full-text reproduction. Secondary publication; the reversal, for incomplete investigation, of the judgment accepting the claim was reviewed.
- Code of Civil Procedure No. 6100 (6100 sayılı Hukuk Muhakemeleri Kanunu), Articles 2, 12 and 125.