T.C. SUPREME

20.Legal Department
Basis: 2015/15795
Decision: 2016/7531
Decision Date: 28.06.2016

REQUEST FOR CANCELLATION AND REGISTRATION OF TITLE-THE CASE IS A CLAIM FOR CANCELLATION AND REGISTRATION OF TITLE FOR PROPERTY AND IS NOT ONE OF THE CASES THAT SHOULD BE TRANSFERRED TO THE CADASTRAL COURT – THE COURT RESPONSIBLE FOR RESOLVING THE DISPUTE IS THE COURT OF FIRST INSTANCE

Abstract: the case is a claim for title cancellation and registration for property and is not one of the cases that should be transferred to the cadastral court. Therefore, the court in charge of resolving the dispute, … 1. It Is A Court Of First Instance. 21 and 22 of HMK. according to the Articles, … 1. The Court of First Instance had to be designated as a place of jurisdiction.

(6831 P. K. m. 2) (3402 P. K. m. 22, 27, 41) (6100 P. K. m. 21, 22) (regulation on the procedures and principles to be followed in the reorganization of cadastral maps and making the necessary corrections in the Land Registry m. 9)

Case and decision: in a case filed in relation to the law of real estate between the parties … 1. First Instance law and … cadastral courts separately due to the decision to determine the place of jurisdiction sent to determine all the documents in the file was considered necessary:

Plaintiff attorney petition summary; … … on behalf of defendants No. 1256 Kain parcel of the immovable in the village in 1993, the title deed is registered Cadastral studies made during the the subject matter of the case pursuant to Law No. 6831 act on behalf of the immovable 2271 M2 2 was outside the boundaries of this section by asserting that the registration request has prosecuted in the name and with Ifraz.

… 1. In accordance with Article 22/2-a of the Law No. 3402 on contested real estate, the court of First Instance decided not to serve on the grounds that the cadastral court was in charge, since the record was issued as a defendant while the case was ongoing.

… The cadastral Court ruled that the case was property and that the court of First Instance was in charge.

Cadastral Law No. 3402 27/1. Article ” local civil courts related to the cadastre and not yet finalized about the cases related to real estate for that real estate Cadastral minutes are issued on the date of the task of these courts ends and the files belonging to the cases are transferred to the court re’sen.” in order for the provision to be applied, the case in the General Court must include a dispute that will fall within the scope of the cadastral activity carried out.

Law No. 3402 22/2-a cadastre made in accordance with the application “for the purpose of Titling, Cadastral or change relating to the process; bounding, measuring, drawing and losing the quality of the application to correct calculation errors, inadequate for technical reasons, deficiency, or the boundaries of the cadastral map Fair, which are not detected in the floor re-arrangement and the necessary fixes in the land registry” is done. As can be seen, the purpose and scope of the cadastral application is to eliminate technical errors related to the real estate boundaries contained in the cadastral plans. In that case, due to the cadastre of application, the cases that can be transferred from the general courts must be related to the border dispute; in other words, the final decision to be made must eventually be of a nature that can lead to changes in the borders and/or area of real estate on the map of the map. As a matter of fact, Article 22/2-a regulation (regulation on the procedures and principles to be followed in the reorganization of cadastral maps and making the necessary corrections in the Land Registry) 9/A, the cases to be transferred from the general courts, “border or area for” cases are explained as.

The provision as a result of a lawsuit filed against property in the General Court does not change the cadastral limits (diameters) of real estate. For this reason, title deed cancellation and registration cases for property are not cases that need to be transferred to the cadastral court due to the cadastral application.

Cases that must be transferred within the scope of the cadastral application, “cases of cancellation and registration of deeds with the desire to change the common border” filed in the general courts, “Cadastral Law 41. cases filed on the basis of Article”, “cases for correction of the area written in the Land Registry” and “22/1 of law 3402. cases arising from the repeated cadastre that remain within the scope of the article”are.

In a concrete case, the case is a claim for the cancellation of the title and registration of property and is not one of the cases that should be transferred to the cadastral court. Therefore, the court in charge of resolving the dispute, … 1. It Is A Court Of First Instance.

Conclusion: for the reasons described above; 21 and 22 of HMK. according to the Articles, … 1. The determination of the Court of First Instance as the place of jurisdiction was unanimously decided on 28.06.2016.