24 Apr Invade Of Public Land
Supreme Court of the Republic of Turkey 16.Legal Department Basic Number: 2016/16646 Decision: 2020/234 Decision Date: 10.02.2020
SUPREME COURT DECISION
COURT :COURT OF FIRST INSTANCE
As a result of the case between the parties, the decision given by the Supreme Court was requested to be examined; it was understood that the appeal request was in duration, the review report and the documents in the file were read, the requirement was discussed:
Cadastral result, … District … village in the Working Area…, … parcel number 5.613,07 and 22.170,00 square meters area of real estate, respectively,
They were identified and registered in the name of the field … and their customers because of the earning statute of limitations. Plaintiff … legal entity, contested real estate in the nature of public medium property pasture based on the claim of the title cancellation and registration in his name has filed a lawsuit. During the trial, the intervening Treasury participated in the case with the demand for registration on behalf of raw land with the cancellation of the land registry, claiming that the contested real estate was from places under the provisions and savings of the state. At the end of the trial by the court, it was decided to accept the case, to cancel the Land Registry of the disputed 101 islands 170 and 471 parcels of real estate and to register them in the private register with pasture quality on behalf of the Treasury, to reject the case of the main intervening Treasury; the provision was appealed by the defendants ‘ deputies.
According to the content of the file, the evidence on which the decision is based, the necessary reasons in accordance with the law, the lack of accuracy in the evaluation of the evidence, other appeals of the defendants ‘ attorneys are not in place. However, the contentious 101 islands 170 and 471 parcels should be decided to limit real estate as pasture and write it in the private register, while the decision was made to “register it in the private register with pasture quality on behalf of the Treasury” is not accurate, although it requires violation; since the correction of this issue does not require a retrial, paragraph a-1 of the provision. it was unanimously decided on 10.02.2020 to remove the words” pasture quality and registration in the private register on behalf of the Treasury “from the provision and to add the words” pasture limitation and writing in the private register ” and to correct and approve the provision with this form, to be clear within 15 days from the notification of the decision when the legal conditions
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