What is Floor Easement?
Floor easement is a special type of easement established on the independent sections of a property that will be built or is being built on a land, in order to transfer to floor ownership after the building is completed. This right, regulated in the Condominium Law, is established by the land owner or co-owners.
Features of Floor Easement:
The floor easement determines the land shares of the independent sections and the relationships of the independent sections with each other.
The floor easement is valid for a temporary period until the transfer of floor ownership.
Floor easement is registered in the land registry.
The floor easement ends after the condominium ownership is transferred.
Establishment of Floor Easement:
Floor easement is established by the land owner or co-owners. In order to establish a floor easement, the following documents must be submitted to the Land Registry and Cadastre Directorate:
Floor easement establishment declaration
Situation plan
management plan
condominium register
title deed
Tax number and identity card
Advantages of Floor Easement:
Floor servitude determines the land shares of independent sections and their relationships with each other, thus preventing disputes that may arise later.
Floor easement gives the owners of independent sections the opportunity to have rights over their land shares in the process until the transition to condominium ownership.
Floor easement enables the legal procedures required for the transition to condominium ownership to be completed more quickly and easily.
Things to Consider About Floor Easement:
The floor easement establishment declaration must be signed by all independent section owners.
The site plan must accurately show the location and size of independent sections and common areas.
The management plan should include the rules and procedures for the management of the building.
Floor easement is an important step before transferring to condominium ownership. For this reason, it is recommended to consult a lawyer and prepare the necessary documents completely before establishing a floor easement.
