Easement - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Easement

Easement

PROVISIONS TO BE WRITTEN IN THE OFFICIAL YEAR REGARDING THE EASEMENT

Article 1–

To be established immovable easement:

Province :

County :

Neighborhood / Village :

Location :

Pafta No / Volume No :

Island No / Page No :

Parcel No / Rank No :

Area :

Treasury Share :

Genera :

Comments on the deed :

Boundaries :

Quality: (according to the type of Real Estate, if the building is outbuildings, if not muhdesat and sewn things on it will be written.)

ARTICLE 2-DURATION OF EASEMENT, START AND END DATE

An independent and continuous qualified/term (normal) easement right has been established on the real estate whose qualifications are specified in the first article with the following conditions.

The Right Time: ……(……..) year.

This right will begin on the date of registration in the deed.

ARTICLE 3-RIGHT HOLDER AND ADDRESS

………………………………………………………………………………………………………………………….

Address changes will be notified to the administration. Otherwise, this address will be considered valid in any notification.

ARTICLE 4-PURPOSE OF EASEMENT AND METHOD OF USE OF REAL ESTATE SUBJECT TO EASEMENT

On the real estate specified in the first article, …………………………………………….. in order to establish an easement right, on this property…………………………………………………. will be made.

During the course of the easement, unless authorized by the administration, the beneficiary may not change or use the purpose of the easement and the real estate, expand or change the boundaries of the area established by the easement.

(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)

ARTICLE 5-START AND END DATES OF CONSTRUCTION

Construction begins by obtaining a construction license within six months of the delivery of the easement to the beneficiary or representative of the real estate, and the construction is completed within two years. If requested by the beneficiary and this request is deemed appropriate by the Ministry, the construction period may be extended not to exceed five years, including the license period. However, in mandatory cases, the five-year period may be extended, provided that twenty percent of the easement fee for that year is received in exchange for the amount of revenue deprived for each extended year.

ARTICLE 6-COST OF EASEMENT

A-Easement Price Of The Ground:

The easement price for the first year of real estate will be charged at the tender price, while the easement price for the 2nd and later years (changed IBARE RGT: 21.02.2019 RG NO: 30693) will be calculated in accordance with Article 14 of the regulation on the administration of Real Estate of the Treasury.

In the first year, the easement fee is paid in advance within fifteen days from the date of notification to the customer of the decision on the approval of the tender. Easement fees for subsequent years (changed IBARE RGT: 11.09.2014 RG NO: 29116) are paid in advance on the date specified in the official promissory note.

B-Share Of Revenue:

If the facility to be built on the Treasury real estate established as an easement is operated by the beneficiary of the rights personally, a share of one percent of the total annual revenue obtained from the operation of this facility is taken. (Added sentence RGT: 11.09.2014 RG NO: 29116) if the total annual revenue of the beneficiary of the easement cannot be determined due to the nature of the activity carried out on these places, twenty percent of the easement price in the current year is taken from the beneficiary as a share of the revenue.

Treasury established easement on real estate property in case lease to third parties all or a portion of lehtarinc deserve; beneficiary rights at a rate of one percent of the gross rent from the lessee/lessees, the total annual revenue to be obtained for the operation of the facility right after deducting the rent paid to the beneficiary of the remaining amount is also one percent on a share is imported.

(AMENDED CLAUSE RGT: 11.09.2014 RG NO: 29116)

An example of the lease agreement arranged between the beneficiary and the tenants, as well as commitments to accept and commit to pay the rent/revenue shares to be received from them, is given to the administration within one month from the date of the lease.

(AMENDED CLAUSE RGT: 11.09.2014 RG NO: 29116)

Beneficiary rights and that belongs to the tenants attached to an annual return to the tax office showing the annual revenue and related income statement, 3568 dated 1/6/1989, independent accountants, chartered Financial consultant and Certified Public Accountancy being legalized them after being authorized according to the act, the period of each year the district treasurer within the month following the relevant annual filing/malmudurlug is given to, and lease/revenue share is deposited in the relevant accounting unit within the same period. Income shares that cannot be obtained from tenants are taken from the beneficiary of the rights.

(AMENDED CLAUSE RGT: 11.09.2014 RG NO: 29116)

Total annual revenue, business, real estate and easement established Treasury are sold or services are received or accrued in exchange of goods in the framework of activities at any cost, maturity and exchange differences, interest and rent income and other income in the statements of income consists of net sales other operating revenues in the accounting system and the uniform (and is determined through the sum of extraordinary income and profit income.

(ADDED CLAUSE RGT: 11.09.2014 RG NO: 29116)

In the areas where the business operates, except for the presence of established immovable easement in the case of real estate subject to private ownership, the revenue share based on the determination of annual operating revenues; and, if possible, if it is not calculated separately for the immovable property easement is established, the operator proceeds in the hands of all that is calculated by dividing the square foot surface area of the total area of the easement the right of unit, which is the amount of revenue multiplied by the area of the subject field of the result is determined.

(ADDED CLAUSE RGT: 11.09.2014 RG NO: 29116)

Easement by the beneficiaries, subject to the rights of the immovable easement or the facilities on some sections of the base station, ATM’s, and similar purposes for use in the trust deed be rented to third parties and will share in revenue or profit from the tenant in the property while although there is provision also in relation with the tenants of the rented places due to the nature of their activities on annual operating revenue of profits, or if it is measured at; twenty percent of the annual rent paid by the tenants to the beneficiary of the rights is taken from the tenants separately. If the annual rent amount is measured at the fair value of the immovable property on the nature of the easement cost in the current year, if any, such considerations as a precedent in the same region rental rental rates for due consideration by the governorships (Inland Revenue) to be determined by the commission to be created at a rate of twenty percent of the lessees to share the cost of rent is taken.

C-Non-Payment Of Costs During The Period:

For easement costs not paid at maturity, income shares and other receivables at the rate determined in accordance with Article 51 of the Law No. 6183 of 21/7/1953 (different IBARE RGT: 11.09.2014 RG NO: 29116), overdue interest is applied.

If the easement price or revenue shares are not deposited within 30 days of the maturity of two consecutive years, the easement right (changed IBARE RGT: 11.09.2014 RG NO: 29116) is cancelled and abandoned from the deed.

ARTICLE 7-COMPLIANCE WITH THE PLAN AND PROJECT

The buildings and facilities to be built on the real estate subject to the easement will be built by the beneficiary in accordance with his plan and project.

If the real estate is available for additional construction in accordance with the zoning plan, construction can be carried out with new prices and conditions with the permission of the administration.

Construction shall not be carried out in places belonging to the Treasury or under the provisions and savings of the state, and the appearance and natural structure of the land or nature shall not be changed.

ARTICLE 8-CONTROL OF CONSTRUCTION AND ENTERPRISE

The administration is authorized to control or have all structures and facilities on the real estate subject to easement during the construction phase and during the operation. Errors and Omissions to be determined at this time will be completed by the beneficiary of the rights with the terms and conditions to be determined by the administration.

After the construction is completed in accordance with the project within the period specified in the project, if it is determined that the repair of the facility is necessary in the checks carried out by the relevant administrations in the region every three years, the necessary repair will be carried out by the beneficiary of the right, provided that the cost is covered by the beneficiary of the right, and no cost will be requested from the Treasury.

ARTICLE 9-MEASURES TO BE TAKEN

Subject to easement rights located in the building; beneficiary rights sabotage, to take every precaution against hazards such as fire, to insure the overall appearance and harmony of the building and real estate, if needed to keep it clean and make repairs in accordance with painting such as paint, plot, or land; diminish the value of property, to take measures will not disrupt the yield strength, indiscreet, carelessness, neglect, or defect that will occur due to reasons such as damages-damages must pay.

ARTICLE 10-PROTECTION AND USE OF THE ENVIRONMENT AND COAST

During the use of the real estate established by the easement, the necessary measures will be taken to prevent environmental and marine pollution and protect forests, and the legislation on this issue will be carefully observed.

Places (especially coasts and beaches) under the provisions and savings of the state around the real estate on which the easement has been established will be kept open to the public.

ARTICLE 11-TAXES, DUTIES, FEES, PREMIUMS AND SIMILAR FINANCIAL LIABILITIES

The right of registration of the deed of easement, transfer and cancellation the Ministry of finance for the construction and use of buildings and facilities, local authorities and similar organisations to be paid to any taxes, duties, fees, premiums, and similar obligations shall be borne by the beneficiary of the rights.

ARTICLE 12-PARTICIPATION IN INFRASTRUCTURE EXPENSES

Participation shares to be requested in exchange for services to be carried out by the relevant public administrations in the areas where the real estate subject to the easement is located, and participation shares to be requested by these associations in exchange for services to be carried out by associations established for the purpose of seeing these services, if any, will be paid by the beneficiary of the right.

(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)

ARTICLE 13-TRANSFER

The transfer of easement the right of access by beneficiaries to third parties if requested; if you have late payment interest to be paid along with the debts to the administration of noncompliance with the provisions of the contract within a given period of time to be fixed by the administration of, a lawsuit against all costs and expenses of the due administration of easement the right for the waiver to be unconditional borne by the administration and provided new price new official acceptance of deed and conditions to be determined by the arrangement provided, the transfer of the right of easement may be allowed by the ministry.

However, if the easement is independent and permanently qualified, this right can be transferred without permission from the Ministry. In this case, persons who have inherited the easement right in any way must apply to the administration within one month and re-issue official promissory notes in the land registry office related to the new prices and conditions to be determined by the administration according to the day’s rayic.

No. 6362 capital market law dated 6/12/2012 and is subject to independent and permanent easements from qualified companies whose shares are traded on the stock exchange (excluding the beneficiaries of the easement in the event of the company, the company’s easement will be made and depending on the composition of the partnership established at the date the shares of the company which would result in the transfer of more than fifty percent of transactions, the transfer of easement rights is considered, and according to the first paragraph is done.

(AMENDED ARTICLE RGT: 11.09.2014 RG NO: 29116)

ARTICLE 14-TERMINATION AND CANCELLATION OF THE EASEMENT

The easement ends with the expiration of the term. In addition, if the provisions of the official promissory note are violated, the real estate is used outside the purpose of the easement, or the right is requested by the beneficiary, the easement right is canceled and abandoned from the deed. In this case, compensation in the amount of twenty-five percent of the cost of the easement in the current year is received from the beneficiary, and in addition, the guarantees received are recorded as income to the Treasury.

In case of cancellation or termination of the easement, without prejudice to special provisions in other laws, the Treasury buildings and facilities intact and functioning on all real estate are transferred to the Treasury without compensation or payment of compensation, and therefore, the beneficiary rights or any rights of third parties and claims can be made.

If the beneficiary ceases to operate or causes the cancellation of the easement before the end of the easement period, the share of proceeds will be collected with the easement price until the date of termination of the activity or cancellation.

However, if the force majeure that partially or completely eliminates the use of the real estate subject to this right is not caused by a defect or person of the beneficiary of the right, the easement right is mutually canceled and abandoned from the deed without compensation, and the prices for the period after the date of cancellation are refunded.

ARTICLE 15-EVACUATION

If the beneficiary does not evacuate the property within fifteen days from the notification to be made by the administration and does not deliver all buildings and facilities to the Treasury under the terms written in the official promissory note (different promissory note RGT: 11.09.2014 err NO: 29116), in addition to the costs to be received in accordance with Article 6, he must pay a penalty of one percent of the value of the easement of the relevant year for each passing day. Payment of a fine cannot be considered the reason for the use of real estate and the delay of eviction.

ARTICLE 16-LIABILITY

The beneficiary of the right is responsible for administrative, financial and criminal matters from the date of registration of the right in the deed until the day when the real estate is actually delivered to the Treasury for any damages and losses (even accidents) that it may cause to the environment.

ARTICLE 17-EXTENSION OF TIME

The beneficiary may not request an extension of the easement period. But;

1-natural disasters (fire, earthquake, flood and so on.),

2 – announcement of partial mobilization in the country in general or where the work is done,

3 – the occurrence of impossibilities arising from the use of partial rights, such as a general strike, lockout,

4 – occurrence of events such as infectious disease, epidemic,

5 – the emergence of a legal or actual situation of impossibility arising from the public, except for the defect of the beneficiary of the easement, but which prevents the full exercise of the right and the execution of the work for at least thirty days,

In the event of a legal or actual situation of impossibility arising from the public, other than the defect of the beneficiary of the easement, preventing the full exercise of the right and the execution of the work for at least thirty days, or in the presence of force majeure, the period of easement shall be frozen at the request of the beneficiary of the easement until the disappearance of the actual or legal impossibility or force majeure caused by the public. No fee is charged for the frozen period. The price to be taken on the date the period begins to rework is determined by increasing the frozen year price by the time it has elapsed (changed IBARE RGT: 11.09.2014 RG NO: 29116) at the rate specified in the official promissory note. However, the portion of the price paid for the frozen year that falls within the frozen period (changed IBARE RGT: 11.09.2014 RG NO: 29116) is deducted from the newly determined price by increasing the rate specified in the official promissory note. The frozen period (changed IBARE RGT: 11.09.2014 RG NO: 29116) is added to the easement period.

ARTICLE 18-PROVISIONS TO BE APPLIED

This (changed IBARE RGT: 11.09.2014 RG NO: 29116) in cases where there is no provision in the official promissory note, the provisions of the State Procurement Law of 8/9/1983 and 2886, as well as the provisions of the regulation on the management of Treasury Real Estate, as well as other provisions of legislation, apply.

ARTICLE 19-ACTIONS RELATED TO CASES

Any case filed or filed in relation to the easement will be notified to the administration in writing within fifteen days from the date of learning of the cases filed. The beneficiary of the right shall be liable to the Treasury for any loss of damages that may arise against the Treasury due to its non-notification. If the case is concluded against the Treasury or the beneficiary of the right, regardless of whether the Treasury representative participates in the case, the beneficiary of the right will not ask the Treasury for any compensation, rights, fees, or similar against the loss of damages and profits that it has suffered or will suffer.

In addition, any case against the beneficiary in relation to the real estate on which the easement has been established will be notified to the Treasury within fifteen days by the beneficiary in accordance with the provisions of the law on Civil Procedure 18/6/1927 and 1086.

ARTICLE 20-HISTORICAL ARTIFACTS TO BE FOUND DURING EXCAVATION

During the implementation of the project, when ancient and historical artifacts are found, the excavations will be stopped immediately, the artifacts found will be stored at the site of the excavation, and the nearest property will be notified of the situation immediately.

ARTICLE 21-PLACE OF SETTLEMENT OF DISPUTES

Place of the solution of the conflict………………………. enforcement agencies and courts.

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