24 Jun Report Must Be Obtained From The Agricultural Engineer in Accordance With The Purpose of The Law on Whether The Real Estate is Water or Dry Agricultural Land, and a Court Decision Made Within The Framework Of The Result That Will Occur
Supreme Court of the Republic of Turkey
20.Legal Department
Basis: 2016/3944
Decision: 2016/7541
Decision Date: 28.06.2016
CADASTRAL TESBITINE APPEAL CASE – WHETHER THE REAL ESTATE IS WATER OR DRY AGRICULTURAL LAND, THE AGRICULTURAL ENGINEER SHOULD RECEIVE A REPORT IN ACCORDANCE WITH THE PURPOSE OF THE LAW AND A DECISION SHOULD BE MADE WITHIN THE FRAMEWORK OF THE RESULT THAT WILL OCCUR
Abstract: as to whether the real estate subject to the lawsuit is water or dry agricultural land (Article 3/j of Law No. 5403 and regulation on the determination and control of the limitation of Real Estate 10. according to the provisions of the second paragraph of the Article different in irrigated agricultural land: agricultural plants in the growth phase the needed water, a sufficient amount of water taken from the source and in a controlled manner is described as the land where we are met) should be taken and to report for agronomist from the purpose of the law should be decided within the framework of the result will occur.
(6831 P. K. m. 17) (3402 S. K. m. 14)
Case and decision: after the decision was made to accept the appeal petition, which is understood to be in duration, the file was examined and considered necessary.:
The plaintiff, dated 26/05/2008 money order with the petition; in the neighbourhood of the town made according to the provisions of Law No. 3402 5304 different partial Cadastral studies in the field has been brought up to the ref if the parcels adjacent to the island 3 101 387, 396, 380, 386, 361, 379, 354, 360 points outside the boundary line of the places considered the OS and 300-303 of left field with the Attribute name registration in the immovable allegedly wanted to. 134 the island numbered 98 and 101 bush land cadastre parcels skills during the island 1, Island 101 95, 96, 97, 99, 100, 101, 102, 103 parcels with agricultural skills and 104, respectively, 4964,14 m2, m2 715,31, 9652,25 m2, m2 4292,34, 8048,06 m2, m2 7816,12, 4346,06 m2, m2 9193,80, 11,282,75 m2 m2 M2 surface area 3093,26 3154,66 and immovable property Cadastre and edited the Proceedings of the court be made by the owner of detection were sent to the defendant. As a result of the trial by the court, the minutes were included in the case, the acceptance of the case, 134 ada 1, 101 ada 3, 95, 96, 97, 98, 99, 100, 101, 102, 103 and it was decided to register and register the real estate in the name of 104 parcels, the provision was appealed by the defendant and the internal defendants …, …, … and….
The case relates to an appeal to the cadastre and cadastre.
Where contested real estate is located, Law No. 3402 amended by Law No. 5304 4. according to the provisions of the article 25/04/2008 – 26/05/2008 announced between the cadastral studies are.
The decision made by the court is against the procedure and the law. Although the defendant by the parties to record the deed has not been applied by the court withstood the underlying land records, held by experts in the original report, they are clarified in real estate and at the same time, in the map of the town of 1960 dated and received on the report date they were found in the woods Yesil refund additional unreported 134 oldest name in aerial photographs at 1 The Square, spruce species of trees, beech hornbeam is partly lined with trees, Island 101 95, 96, 97, 98, 99, 100, 101 numbered and 102 of the parcels from place to place, pasture pasture grasses, dwarf roses calilasmis, spruce beech hornbeam, maple species, leafy and coniferous trees covered in the opening, 101 islands 103 and 104 parcels are largely spruce species and sprinkled beech hornbeam, Maple scrub shrubs are found in the meadow area, it has been reported that, in the report, contentious real estate is called both an openness inside and a green area on the hometown map, and both the air photo is reported that there is vegetation on the real estate because of the conflict, and also the conditions of zoning and yesiletlik related to real estate are not evaluated, and as a result of the administration of 101 Island 3, the area around the parcel 101 Island 3 is not a real estate defendant, although the court, 101 ada 1 parcel Cadastral minutes to be completed in the usual ways to be sent to the land registry office instead of the determination of the real estate as the decision has been made to register.
Expert reports that are not conducive to audit, as well as incomplete research and examination, cannot be established.
For these reasons; 1289 underlying basis of the record date are numbered 1 davalilarca land circulation and the formation since the first sketches, to be brought all the parcels that sees the minutes of revision, the revision has not seen, revision or why not be asked to record the deed and record all the parcels that apply to the adjacent parcel and basis, if they are the defendant, the case files, if you have a map of the registration, support record and the adjacent parcel to be brought, immovable and shows around the subject matter of the case, and held that place for the first time by the method of photogrammetry graphics or 1/5000 scale of the land plot Cadastral Cadastral parcels contiguous with the original copy of the record or adjacent samples and the sample applied to the plots to determine the immovable deed and tax records from the day it was first created all gone, the region’s oldest town and the rest of stereoscopic aerial photographs and aerial photographs taken during 1985-1990 the map of the photographs coloured maps produced on the basis of the original town, after the location of the case is determined in these documents, aerial photographs and basis maps are examined with stereoscope tool and three-dimensional, how the nature of the real estate is seen in these documents., reconstruction and revival of possession with the date started and completed, should be determined that these documents with cadastral maps, the plot is regulated if the subject matter of the case the decision of the Council of Ministers dated immovable 23/6/2005 2005/9070 imposed by large-scale map and map information production regulation (BOHHBUY) will be coordinated according to the provisions of-map and cadastral maps in the map will be synced to 1/25000 scale 1/5000 and organized with both neighboring and adjacent real property on top of each other in contested by the location of the real estate applique, cadastral maps and aerial photographs shows up on the final original colored town, and aerial photographs of the town in the map and they will explain what is and what is the appearance of the vegetation, the expert from the board and include detailed scientific data, and using the map and in the field by measuring the topographic and land with klizimetre they will determine the status of the actual slope of the real estate and Real Estate Law No. 6831 act of 17/2. according to Article 20/C of Law No. 3402, if limited, the scope of the area should be determined fully by valuing the area, the scope of the actual real estate, or if it is not opened from the forest, the scope of the actual real estate, or if it is not opened from the forest, the scope of the real estate should be determined, if there are parcels that see revision, by deducting the area of these parcels, it should also be investigated whether the Land Registry has lost its legal value in accordance with law 4785.
If it is determined that contested real estate does not remain within the scope of the land registry and that the previous one is not from the counted places, if zoning and ihya has been done, on what date it started and completed, from whom to whom it remained, how the ownership started and how it was maintained and whether it is suitable for its economic purpose, , if there are administrative investigation and unfair occupation (ecrimisil) minutes prepared by the authorities before or after the date of opening the case, these minutes should be applied instead and the people whose names are written in the minutes should be listened to as witnesses, Law No. 3402 14/1. restriction of research written in the Article 40 and 100 acres of the same substance, 3/7/2005, dated 5403) modified soil conservation and land use law should be made after considering the provisions of the second paragraph, given that the decision of the person or persons registered in the name of those who left with the other heirs their inheritance to be given in terms of tenure within the same workspace from belgesiz registered immovable and determined based on whether you have the type and amount of parcel numbers, The Directorate of Cadastre and land and opened again by the same people related to the case is whether a court of law for the registration of in-deed the case of registration and records, or record samples to identify separate questions needed by the directorates files must be imported and analyzed in the case of immovable watery or dry as to whether the subject matter is agricultural land (Article 3 of law 5403/j immovable property of the regulation and control procedures with material detection bounding about 10. according to the provisions of the second paragraph of the Article different in irrigated agricultural land: agricultural plants in the growth phase the needed water, a sufficient amount of water taken from the source and in a controlled manner is described as the land where we are met) should be taken and to report for agronomist from the purpose of the law should be decided within the framework of the result will occur.
It is against the procedure and the law to establish a provision in written form with incomplete examination without regard to the issues described.
Conclusion: for the reasons described above , the defendant, internal defendants…,…, … and …were unanimously decided on 28.06.2016 to overturn the provision with the acceptance of the appeals and the return of the appeal fee upon request. (¤¤)
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