The Importance of Property Ownership and Management System in the
Ottoman Empire in Point of Today
Cemal BIYIK and Ayşe YAVUZ, Turkey
Key words: Land Management, Property Ownership and the Ottoman Empire.
SUMMARY
The properties in point of ownership in the Ottoman Empire, the only country dominating
over three continents such as Europe, Asia and Africa after The Roman Empire, were
evaluated in five groups. Forests and agricultural areas characterized as land together with
areas such as pasture, summer pasture and winter quarters required for stockbreeding were
determined as state property (“Miri Arazi” in Turkish). The use of state property was given to
farmers and peasants in certain rules providing that ownership unaccompanied by
usufructuary right of these lands was given to the State. It is seen that the Ottoman land
management based on land processing in productive way when cadastral documents and
records related to properties are investigated.
The world population has risen rapidly recently, so the use of all earth resources particularly
land and water in planned and efficient way without wasting is inevitable. For this reason,
firstly land ownership and management system should be reviewed appropriate to scientific
researches to meet requirements in future. During this review process, the investigating of
successful systems in the past will be useful. The Ottoman land management system is also
one of these successful systems. Indeed, some foreign researchers from countries directed by
means of state system have continued their investigations on the Ottoman land management.
Investigating of features and cadastral contents of this system in detail and evaluating of
applications guiding today are important. In this paper, it is investigated how title records and
cadastral applications in the Ottoman Period can be beneficial in today.
TS10. Security of Tenure and Access to Land
Cemal Biyik and Ayşe Yavuz
TS10.4 The Importance of Property Ownership and Management System in the Ottoman Empire in Point of
Today
2nd FIG Regional Conference
Marrakech, Morocco, December 2-5, 2003.
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The Importance of Property Ownership and Management System in the
Ottoman Empire in Point of Today
Cemal BIYIK and Ayşe YAVUZ, Turkey
1. INTRODUCTION
Land was the main of source of production until the 19th century before industrialization.
Productive agricultural lands were attracting regions. Coal and oil regions acquired
importance instead of agricultural lands in the 20th century, which fossil fuels increased in
value. As for 21st century, it has been understood that every points in the earth’s surface has a
separate importance and unconscious usage of natural sources revealed some worries toward
future. Developments having global effects such as decreased land, polluted air and water and
deteriorated balance of climate are samples of these. Thus, more attentive usage of natural
sources has been compulsory. This is implemented by means of collecting correct and
complete information, planning and application in free of deficiency. In this context,
ownership, usage manner, soil ability and other detailed information are needed to plan the
earth. In the past, private and legal people also used and dominated over the earth sources.
Tribes, States and Empires have managed land and its usage. One of these was also the
Ottoman Empire. It managed the Middle East, the Balkans, the Europe and Africa lands for
six centuries.
2. THE OTTOMAN LAND MANAGEMENT
The Ottoman Empire was founded in 1299 by Turks near Bursa. In a significant time, the
Empire expanded its territory. In the 17th century, the Ottoman Empire had its largest territory
on the Anatolia, Europe, North Africa, Middle East and Southeast of Asia (See Appx. 1). At
that time, the Ottomans were firmly entrenched in the strategic lands linking three continents
and dominated the surrounding seas (Bıyık and Yomralıoglu, 1994). The permanent
expanding of this Empire was stemmed from justice and trust provided by the Ottoman
Empire rather than weakness of military forces of conquered countries. Inasmuch as,
according to the Ottoman basic philosophy, keeping in reserve countries is more important
than conquering countries. This can be ensured with fair management. Therefore, everybody
living in the Ottoman boundaries benefited from principles of liberty, justice and equality
without language, religion and race discrimination. The Ottomans also applied these
principles for management of lands, which were the most important and fundamental
production source for centuries. That the Ottoman land management was fair was
fundamental base of its living for six centuries. However, deteriorating of this management
was the main of decomposition reasons of the Empire (Hammer, 1830).
The Ottoman Empire governed with Eyalet (province) system. Eyalets also were divided into
the Sanjaks (subdivision of a province) and the Kazas (administrative and juridical district of
a Cadi). Because every Eyalet indicated the wholeness together with social environment and
means of subsistence with its own peculiar custom and beliefs, it governed with a private
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Kanunname (statute book) in the local sense. While lands were being recorded in Tahrir
Defters (fiscal registers) defining land management, Kanunname of concerning province (or
Eyalet) was also attached usually to the initial part of the Register (Ayni, 1602).
Fundamentally, the Ottoman Land Management was based on Islamic Principles inherited
from the Seljukids and Sasanian Empire. Later on some local traditions and old Turkish
customs were also incorporated into the system. Its fundamental was based on Ikta system
giving lands as a fief to certain officials in lieu of public and military service. This system
was done written matter by Ebu Yusuf, one of Muslim scientists, and was improved more by
Nazm-ül Mülk, Seljukid vizier. This system was called as Miri land system or Dirlik (fief)
system and sometimes also as Timar system in the Ottoman period.
In the Miri land system, according to Land Code (Arazi Kanunnamesi), the land basically divided into five categories. These were: Miri (State) land, Mulk (Private) land, Vakif (Charitable and religious) land, Metruk (Tribal and collective) land and Mevat (Waste) land.
Miri land was in the ownership of State and only its usage right was left in the disposal of certain people in certain rules. It was not possible that Miri land was turned into other land varieties without Sultan’s permission.
Mulk land was the land that held by real or legal person. It consisted of the land occupied by peoples' houses, gardens or small arable land in the villages, districts and provinces. Since the benefits of any improvements accrued solely to the owner, there was every incentive to develop the land.
Vakif land was trust land whose revenues went to the religious or charitable bodies. Some people such as passengers, patients, old people could only benefit from Vakif properties in
mentioned way in the Vakif registers. For example, if a person whether he was rich or not
traveled as passenger, his/her requirements such as sheltering, food and health were met in
free until three days and three nights. By means of this application, everybody could travel
and have possibilities of education and working in great centers easily (Çataltepe, 1991).
Metruk land was allocated for public benefit. Nobody alone could utilize these lands. There were two categories concerning Metruk lands. These categories were as follows (Özmen and
Çorbalı, 1988):
− Places whose usage rights were belonged to everybody (roads, public square, fair ground,
place of prayer etc.),
− Places whose usage rights were belonged to people of particular village or district
(pasture, summer pasture, winter pasture, watering place for animals etc.).
Mevat land was the land that could not be used in effective way. For example swamp, desert, rocky and clay areas etc.
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3. MIRI LAND SYSTEM
3.1 The Ownership and Operating of Miri Lands
Bare ownership of Miri lands was belonged to the State and, in behalf of the State; its usage was given people whom the state approved in return for duty or price. Since most of the Ottoman territory in area was Miri land, the Ottoman land management system was named as Miri land system.
Miri lands were classified in accordance with their annual incomes. If the annual income was
less than 20 000 akche, it was called as Timar (Small Fief). Since most of Miri lands were in
Timar category, this system was also called as Timar system. Lands called as Timar mostly
were assigned to military commander called as Sipahi (cavalry soldier). If the annual income
was between 20 000- 100 000 akche (Akche is a money unit which was used in the Ottoman
Empire), it was called as Zeamet (Middle Fief). These were assigned to Subası. If the annual
income was more than 100 000 akche it was called as Has (Large Fief). The management of
Has lands mostly were assigned to possession of the Sultans, the Şehzade (prince), Sultan’s
family and viziers. Since all of these lands were also called as Dirlik, Miri system was called
as Dirlik System in the some literature.
In the regime system of Miri lands, production was done directly by farmers and peasants
living in related lands. These people gave a tax called as “aşar” or “öşür” at the rate of 10 %.
After Dirlik owners collected this tax and performed their duties defined by agreements
between the State and them, they themselves also got share from remaining income. These
duties were implemented either by giving tax or contributing to military expenses at the
defined amount according to Dirlik’s income.
The main principle of Miri land management was based on maximum usage from lands.
Indeed, when farmers and peasants who personally done production produced very much,
they were more profitable because the rate of tax was fix. Thus Dirlik owner also was
profitable. For this reason, mutual regard and trust should be between Dirlik owner and
producers. This was also provided with only fair management. On other hand, if a person
didn’t operate arable land in productive way, this land was received from that person and was
given any other person. In this respect, Dirlik owners were as civil servants (Cin, 1985).
3.2 Benefits of Miri Land System
Miri land system alone wasn’t a system with partisan of state control. However, there were a
lot of benefits in the event of evaluating together with other lands. All land was not dispose of
private individuals in limitless way. So, pressure against the State and public interest was
less. Thus, the State could act more free in the condition of public interest and make public
works and land adjustment both urban and rural areas in rapid, cheap and easy without
expropriation. Precautions relating to taking more produce from unit area were dependent on
permanent control and supervision of civil servants. Furthermore, land acquisition by means
of İhya namely bringing wasteland into cultivation was permitted. Thus, that such lands were
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Cemal Biyik and Ayşe Yavuz
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Today
2nd FIG Regional Conference
Marrakech, Morocco, December 2-5, 2003.
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transformed into agricultural lands was encouraged (Başpınar, 1999). This application is the
first in the world. In this system, since forests were also regard as Miri land, they were
preserved. With Vakif land application, social working together and solidarity was
widespread. Beside Miri Lands, private ownership also was permitted at the limited amount.
3.3 Degenerating of Miri Land System and Transition to Private Ownership
Degenerating of Miri land regime was commenced with decreasing of the State authority
affected from some factors. These factors were: Dirlik owners used their holdings power
against the State, put pressure on people in their own jurisdictions, and didn’t fulfill their
responsibilities toward the State. The passing of Miri land via heritage caused more
decreasing of produce in the lands. Thus, Miri lands de facto were passed gradually to
possession of law owners until Republic of Turkey was established in 1923 instead of the
Ottoman State (Cin, 1985). With new Turkish Civil Code (1926), Miri land qualification was
legally abolished and, thus the lands having possession provisions were transformed into
private ownership. However, other lands were remained as public domain in the judgment
and disposal of the State.
In Turkey, lands used by private and legal person and defined by law are given parcel
identities by demarcating and then are registered. After that, its owners are given a title
certificate called as Tapu in Turkish. This application was commenced in the Ottoman term
and also continued in the Republic term. A sample of title in the Ottoman period is given in
Figure 1. There are also Parcels used with possession in the places whose cadastres have not
been done yet. On the other hand, almost all of agricultural lands are in the scope of private
ownership. Except private ownership, Public and Vakif lands also exist. Besides, Metruk
land application in the Ottoman term has still continued. Such places aren’t given parcel
number. They are only indicated on the cadastral map. All of lands except these mentioned
lands are in the judgment and disposal of the State. Forests among these places are registered
in the name of public treasury. Pasture, summer pasture and winter pasture are registered in
the name of public treasury and given to the usurpation of particular village and district.
Coasts and stream channels are available for public and are not registered. Unproductive
lands such as mountain summits, Rockies, deserts, marshes are not included cadastral work
area (The Cadastre Act, Article 4 and 16).
4. MANAGEMENT OF PUBLIC DOMAINS
In Turkey, real properties are classified in two groups. These are properties of the State and
the properties of private and legal person. The State’s properties can be classified as seen
Figure 2 (Özmen and Çorbalı, 1988). Real properties obtained by means of Ihya, firstly, are
considered in the possession of the State. These properties are named as public domain.
Magnitudes, places and abilities of existing public domains are not completely determined
except places the cadastre done in Turkey. Either the State or the State Agencies or private
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Figure 1: A sample of Title Certificate in the Ottoman Empire
and legal person operates places determined and registered as public domains. Private and
behalf of treasury opens the case related to rent indemnity (namely Ecri Misil) for lands used
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via occupation. The State sometimes sells the lands, which couldn’t be operated. But, this
cannot be implemented adequately. Therefore, it cannot be said that public domains are
operated in productive as Miri lands. But, these lands are benefited in establishing of the field
of public utilities easily because of not necessary expropriation. On the other hand, it is seen
that inactive public domains are used in efficient with required determining and orientations.
But, this will be provided with multipurpose cadastre. Recently, In Turkey, such a cadastre
namely cadastre information system was commenced to establish (DPT, 1999).
Figure 2: Properties of the State
Properties of the State
Public Domains
Properties in the Judgment
and disposal of the State
Ownerless Places
Weather
Sea
Lake
forests
water source
Properties in the private
ownership of the State
Official Buildings
Government
Municipality
Police Station
Scholl
Hospital
The Health
Institution
Properties are available for
public usage in common
Public Common
Properties
Service Properties
Ownerless Estates
Provincial Public
common prop.
Street
Public square
Park lands
Market place
Village public
Common Prop.
Common goods
used for public
services
Village chamber
Mosque
Place of prayer
General cemetery
Washery place
Watering place for
animals
Common goods
which everybody
benefits.
Pasture
Summer pasture
winter pasture
thresher floor
fairground
public square
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5. LAND MANAGEMENT IN THE PRIVATE OWNERSHIP
According to Turkish Civil Code, an owner has absolute usage and disposal right in the
vertical and horizontal boundaries of his property. This absolute ownership is only limited for
public interest with law. Otherwise, its owner or possessors have the right to bring action.
Private ownership is kept in the background of public interest in the rights of way, water and
road, zoning plan applications and obtaining public building and other public areas. In
addition, the State can put restrictions for becoming widespread and implementing of
agricultural activities by making laws. For example, defining of product variety and amount.
Briefly, Turkish system put public interest before private right and benefits.
Public interest is taken into consideration in the usage of private ownership right in the
properties and also cannot be damaged. Although public interest decision is investigated in
detail, public damage isn’t investigated unless it is subject to complain. In the circumstances,
maximum profit provided from properties decrease with arbitrary and irresponsibility attitude
and applications. For example, a farmer doesn’t produce in his registered land to not need or
he doesn’t strive against factors impeding production. These all have affected not only other
people but also living creatures world in negative.
6. THE IMPORTANCE OF USAGE TYPE OF PROPERTIES IN THE GLOBAL
WORLD
The world is growing by geographical discoveries, on the other hand becoming small by
scientific and technological discoveries. Human beings who formerly predicted the weather
conditions in only time and place in appearance nowadays can learn predicted information for
any place in the world from the Internet and media in a few days earlier. For example, it can
be learnt how the breezes coming from the Balkans, cold weather from Siberia and hot
weather from Africa can affect Turkey. Water and weather on the world change in position
indefinitely. Therefore, living beings in the other side border are also affected from hazards
on water and weather. In spite of the fact that land is in the border, there are some universal
effects of land and using of living life on the land. For example, not only living beings in
there but also the other living beings can be suffered harm from destroying utterly of rain
forest declared as lungs of the earth. Similarly, not only Ukraine but also mainly Turkey and
many neighbor countries have been suffered harm from nuclear accident in Çernobil. It is
impossible to mention about unlimited usage of absolute ownership because of these types
and examples.
The most important feature of private ownership is to transfer from one generation to other
by means of inheritance. Thus, a person acquiring a property by means of land register does
not avoid from investing in it as far as possible. Because, he knows that this investment will
remain to his children and other relatives. However, the power of unlimited usage can cause
of bad results. Therefore, with mainly zoning laws and many legal regulations, some
limitations can bring in property usage. Thus, the rights of other people are also on parcels on
the earth apart from sovereignty rights of individuals and countries. Restitution of these rights
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to owners will be possible with universal usage rules in the light of scientific determinations.
Alike rules, which people living on city, must obey as price living on city.
7. THE IMPORTANCE OF CADASTRE IN PROPERTY OWNERSHIP
Whether real property ownership is in legal and private entity or in state; legal rules directing
property usage must be. These rules can have personal, regional, national and even
international qualities. By determining and implementing of these rules, wasting in property
usage together with social comfort, peace and welfare, will be prevented and also coming
generations can be benefit from natural sources on the earth.
In the past, information related to properties was written to special registers. In the period of
the Ottoman Empire, these registers were called as “Tahrir Defters”. Registers similar to the
Ottoman Tahrir Defters have been used in almost all Mediterranean Countries and European
Countries before and after this time. But, these are different in point of content. In this
context, the main purpose of Domesday Book arranged in England was to determine and to
tax properties (Çiçek, 1995 and 1997). In today, these documents known as written cadastre
have been shed light on workings about historical, geographical, social, cultural and
economical domains except for ownership knowledge.
After that, linear cadastre was replaced to written cadastre. Finally, digital cadastre was
started. Thus, modern cadastre, which can answer expectations in most countries, was
commenced. However, it is required that modern cadastre should be improved in point of
content and scope. For this reason, cadastral information about properties should be updated
with a new content and scope by reviewing after determining of the region, the country and
the world standards. Thus, ownership, usage and management of properties will be put in
order thanks to cadastral information system established.
8. RESULTS AND SUGGESTIONS
Natural and economic sources of the world are becoming less. Agricultural lands and waters
in the earth also lose in value day by day because of abuse. As a result of this situation, it is
necessary to discourage of abuse of ownership right in the properties. For this, it is required
that interferences to property usage and management by legal ways without exception should
be done in time rather than changing of current ownership understanding.
Evaluating of applications done in previous years by reviewing from time to time is a known
method all along. This is similar to again making use of medicine, used formerly, when the
same illness occurs. Nowadays, even developments in manufacturing sector decrease as if
interest to agricultural activities, agricultural lands and water sources will be becoming stick
out. Therefore, these sources should be used more carefully.
When the Ottoman land ownership and management system is investigated, it is seen that there are land entities appropriate for different types of disposal and usage from private to state ownership, and from Metruk and Mevat properties to Vakif properties. In these TS10. Security of Tenure and Access to Land
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applications, state sovereignty on country territories can be provided with obeying on justice
and rights in management. Because the most of lands are Miri land, it hasn’t been had
recourse to an antidemocratic ways in public works. In the countries in which the private
property is common, doing expropriation or readjustment solves this problem. In this context,
while expropriation has people to displace, readjustment is more expensive in spite of more
democratic.
On the other hand, one of the positive attributes of Miri land system is to encourage people to
exploit lands in fertile and to increase the used lands by giving Mevat lands to recreating
people. Even protecting forested areas in Miri land regime is one of the most important
inheritances left in today.
Recreating of the Vakif foundation as a social service by revision closes a gap in today.
Especially, these mutual aid corporations can be on the agenda to cause alone or handicapped
people in big cities to be in community.
In order to develop projects based on correct data in all readjustments relying on land, multi
purpose and extensive cadastral information is necessary. For this reason, in all countries,
cadastre information systems with common standard and scope should be established and
updated.
REFERENCES
Arazi Kanunnamesi, Hazırlayan: Osman Çeker, Ebru Yayınları No 4, İstanbul 1985.
Ayni A. E., 1602: Osmanlı İmparatorluğunda Eyalet Taksimatı, Toprak Dağıtımı ve Bunların
Mali Güçleri, Çeviren: Hadiye Tuncer, Gürsoy Basımevi, Ankara 1984. (in Turkish)
Başpınar, V., 1999: Türk Toprak Hukukunda İhya, A.Ü. Hukuk Fak. Nobel Yayını No 156,
ISBN 975-591-134-0, Ankara. (in Turkish)
Bıyık, C. and Yomralıoglu, T., 1994, Land Information Systems in 1500’s, FIG XX.
International Congress, special session 153, TS 153.2, Australia.
Cin, H., 1985: Osmanlı Toprak Düzeni ve Bu Düzenin Bozulması, Boğaziçi Yayınları,
İstanbul. (in Turkish)
Çataltepe, S., 1991: İslam-Türk Medeniyetinde Vakıflar, Türkiye Milli Kültür Vakfı
Yayınları: 3, İstanbul. (in Turkish)
Çiçek, K., 1995: Osmanlılar’dan Önce Akdeniz Dünyasında Yapılan Tahrirler Hakkında Bazı
Gözlemler”, Ankara Üniversitesi, Osmanlı Tarihi Araştırma ve Uygulama Merkezi
Dergisi, Sayı 5, s. 51-89, Ankara.
Çiçek, K., 1997: “The Earliest Population and Fiscal Surveys (Tahrir Defterleri) for The
Anatolian Provinces of The Ottoman Empire”, Ankara Üniversitesi, Osmanlı Tarihi
Araştırma ve Uygulama Merkezi Dergisi, Sayı 7, s. 45-97, Ankara.
DPT, 1999: VIII. Beş Yıllık Kalkınma Planı, Harita, Tapu – Kadastro .. Özel İhtisas
Komisyonu Raporu, DPT Yayını, Ankara.
Hammer, J., 1830: Osmanlı Devleti Tarihi, Özetleyen: Abdükladir Karahan, Milliyet
Yayınları, İstanbul, 1965.
Kadastro Kanunu, Kanun No 3402, Yürürlük Tarihi: 10 Ekim 1987.
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Özmen, İ. and Çorbalı, H., 1988: 3402 Sayılı Kadastro Kanunu Şerhi, Feryal Matbaacılık
Basımevi, Ankara.
BIOGRAPHICAL NOTES
Cemal Biyik is Professor for Cadastral Science in the Department of Geodesy and
Photogrammetry Engineering at Karadeniz Technical University, Turkey. He received his
PhD degree with thesis entitled “The Organization of Cadastral Workings in the East
Karadeniz Region in Turkey” in April 1987. His research interests are land administration,
cadastre, forestry cadastre and project management.
Ayşe Yavuz is a research assistant at Karadeniz Technical University (KTU), Turkey. She
graduated from the Department of Geodesy and Photogrammetry Engineering at KTU in
1994. She received her MSc degree with thesis entitled “Legal, Technical and Institutional
Aspects of Forest Cadastre In Turkey “ in August 1997. She began her PhD in September
1997. She has studied on “Turkish Cadastral System During Adaptation to the European
Union” as her PhD thesis. Her research interests are land administration and cadastral
systems.
CONTACTS
Cemal Biyik
Karadeniz Technical University
Department of Geodesy and Photogrammetry Engineering
Trabzon
TURKEY
Tel. + 90 462 377 2767
Email: biyik@ktu.edu.tr
Ayşe Yavuz
Karadeniz Technical University
Department of Geodesy and Photogrammetry Engineering
Trabzon
TURKEY
Tel. + 90 462 377 2761
Email: ayavuz@ktu.edu.tr
Appendix 1. The Ottoman Empire (The Ottoman Empire had its largest territory)
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