MAGISTRATES ‘ COURT TO HAKIMLIGI

PLAINTIFF :

TC IDENTIFICATION NUMBER :

ADDRESS :

Acting :

(Legal representatives of the parties, if any))

ADDRESS :

(Legal representatives of the parties, if any))

DEFENDANT :

Address :

Subject: it includes our request to establish easement rights on the water well on the main immovable.

INSTRUCTIONS :

1 -) immovable…. your client’s Muris and … the number of parcels is registered in the name of the defendant’s murisi, and on the date the joint limit of the immovable property was met equally with the costs of water wells were opened and electrical installation was made. (APPENDIX-1) (APPENDIX-2))

2 -) 756 of the Turkish Civil Code No. 4721. according to the article, resources are the integral part of the land and their ownership can only be gained with the ownership of the land they source. The right to resources on someone else’s land is established by registration to the land registry as an easement right.

3 -) during the determination made by us on…/…/…, (Annex-3) of the water well belonging to the client Muris …. it was concluded that it remained within numbered parcels.

4 -) it is also fixed with the witness statements that the drilling rig and its installation are made jointly between the parties and this matter will be clarified by the statements of our witnesses whose names and addresses are included in the witness list we have submitted in the annex to our petition (Annex-4).

5 -) for the reasons explained above; the determination that the right to use water resources as of 1/2 share from the water well belongs to the plaintiff client and the obligation to apply to your court for the facility of easement right on the well in favor of the parcel belonging to the client murisine.

Legal reasons: 6100 P. K. m. 4, 12, 240, 266, 288 , 4721 S. K. m. 756

LEGAL EVIDENCE :

1 -) Land Registry records

2 -) the document dated …/…/… that the water well was opened

3 -) … / … / …

4 -) witness statements

5 -) exploration and expert examination

Conclusion and claim : for the reasons described above, … we respectfully request by proxy on behalf of our client that the decision be made to establish easement rights on the well in the parcel and to charge the prosecution costs and the power of attorney to the other party. …/ …/ …

Annexes: 1-Land Registry records

2-the document dated … / … / … that the water well was opened

3 – … / … / …

4-names and addresses of witnesses and their subjects to testify

shows witness list,

5-One certified power of attorney sample.

Acting Plaintiff