The hidden fragmentation after land consolidation in Turkey

Abstract

It is accepted that inheritance is the primary cause of land fragmentation. The inheritance law is the leading significant cause of fragmentation or shrinking of land. Inheritance laws applied in most countries facilitate or demand the subdivision of holdings into equal parts among all heirs or in some countries among only sons. Intense fragmentation or shrinking of agricultural land is a significant problem in Turkey. Inheritance law in Turkey prescribes equal distribution of agricultural land which is subject to heritage. When there are disputes towards the inheritance distribution, the new owner's submission of deed is not done. This situation brings out the truth that an agricultural land which seems as one piece is used by more than one person in reality. In this study, it is aimed to evaluate public and hidden joint ownership in the areas where land consolidation is done. As study field, the data related to Bursa-Karacabey Plain villages were used where the most intensive agricultural activities are done in Turkey. In the study area, in order to determine joint ownership which is off the record Ismetpasa, Beylik and Yenisaribey villages are chosen and survey study was applied. After land consolidation in this study area, heirs wanted to own agricultural lands even if the plots are small and joint because the lands gained value, production became easier and yields increased, and alternative production opportunities arose. As a result, it was concluded that, after land consolidation hidden joint ownership is still going on in parcels, real joint ownership condition is mostly not recorded to registry of deeds.