28 Nov Case Against The Cadastral Determination
T.C. SUPREME
20.Legal Department
Basis: 2015/11341
Decision: 2015/11182
Decision Date: 16.11.2015
A CASE OF OBJECTION TO THE DETERMINATION OF CADASTRE – WHERE THE CONTESTED REAL ESTATE IS LOCATED, THE FOREST CADASTRE PROVISION WAS ESTABLISHED IN ACCORDANCE WITH THE RELEVANT ARTICLE OF THE LAW-THE REGISTRATION ANNOUNCEMENT, WHICH IS THE BASIS OF THE LAND REGISTRY, CREATES A FINAL PROVISION FROM THE POINT OF VIEW OF THE TREASURY
Summary: According to the statement in the petition, the case is filed under the 713 of the Civil Code. it is related to the registration of real estate that is not registered in accordance with the provision of the article. In the place where contested real estate is located, the forest cadastre 3402 Law No. 5304 Law No. 4. it was made according to the provision of the article. According to the evil eye, the declaration of registration, which is the basis of the land registry, creates a final provision from the point of view of the Treasury and is binding, it was decided to approve the provision in accordance with the procedure and law with the rejection of Appeals that are not seen in place.
(4721 P. K. m. 713) (3402 S. K. m. 4)
Case and decision: at the end of the hearing of the case between the parties, the court of Cassation examination of the provision established by the defendant was requested by the Treasury attorney, after the decision was made to accept the appeal petition, which is understood to be in duration, the file was examined, considered necessary:
Plaintiff’s petition in summary; Rize province, Fındıklı District, H. the Court of First Instance of Fındıklı, located in the village of tarla locality, 1994/103 E. – 1995/34 K. 14/12/1995 date 4, consisting of the registration declaration, the cadastral determination of the real estate in the amount of 57 m2 under the title deed was overlooked and claimed that the determination was not made and asked for registration on behalf of the real estate.
The court decided to reject the case due to the lack of passive animosity in terms of the legal entity of the defendant Hara village and the forest management department, the provision was appealed by the defendant’s Treasury attorney.
According to the statement in the petition, the case was filed under Section 713 of the Civil Code. it is related to the registration of real estate that is not registered in accordance with the provision of the article.
In the place where contested real estate is located, the forest cadastre 3402 Law No. 5304 Law No. 4. it was made according to the provision of the article.
14 of Law No. 3402 for the benefit of the person who has decided to register on behalf of the contested real estate from places not considered forest in the examination and research conducted by the expert forest expert on the scope of the file examined, the reason on which the decision is based. 14/12/1995 date 4 title registration of the claimant is also a party to the Treasury of the hazelnut Civil Court of First Instance 1994/103 E.- 1995/34 K. according to the fact that there was no hit in the establishment of the provision in written form, and the registration announcement, which is the basis of the Land Registry, created a final provision in terms of the Treasury and was binding, it was unanimously decided on 16.11.2015 that there was no place for the approval of the provision in accordance with the procedure and law with the rejection of Appeals that were not seen in place, in accordance with the amended Article 13/J of the law on fees.
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