Construction Agreement in return for Land Share is one of the most common agreements which is practiced in Turkish Law. Particularly, the housing need of the people has been increasing day by day due to the population increase. Considering that the lands on which the houses are built is in limited number, the necessity to build maximum construction on the current lands is arisen. In that respect, the land owners and the persons who engages with – construction on such lands and having the capital, prefer the agreement process. By such agreement, the land owners can own immovable with modern technology without any capital outflow from his/her budgets, and persons who built can make significant money pursuant to the agreements made with land owners. In addition to these, with the effect of the globalization in the moving and developing world, it is tried to be ensured that the foreigners participate in construction projects in other countries with the aim of free circulation of money, labor and person. Acquisition of property and limited right in rem on immovable property by foreign real persons in Turkey has become more flexible with the amendment realized on the Land Register Law in 2012.
Due to the exemptions granted to the foreign real persons, the importance of Construction Agreement in return for Land Share in the international area has risen even though many disputes have arisen on such agreements despite their common practice in Turkey. Annotation of the Construction Agreement in return for Land Share with the Land Registry has been accepted by the law-makers even though many disputes have arisen on such matter despite its’ common practice in. As per the Turkish Law, the personal rights recognized by law can be annotated with the Land Registry. Construction Agreement in return for Land Share is considered as one of such rights.