T.C. SUPREME
20.Legal Department

Basis: 2016/2639
Decision: 2016/4359
Decision Date: 12.04.2016

CASE FOR REGISTRATION OF TITLE DEED CANCELLATION – WHETHER THE REAL ESTATE IS WATER OR DRY AGRICULTURAL LAND, A REPORT MUST BE OBTAINED FROM THE AGRICULTURAL ENGINEER IN ACCORDANCE WITH THE PURPOSE OF THE LAW – ALL THE EVIDENCE MUST BE EVALUATED TOGETHER AND DECIDED

Abstract: in The Case, Law No. 5403 on whether the real estate subject to the lawsuit is water or dry agricultural land ……….. immovable property article of the regulation about procedures bounding detection and control ………… 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 is taken from the source a sufficient amount of the agronomist are met and in a controlled manner as described for the purpose of the law from the land where should be taken to report, after that, should be decided according to the evidence collected and the results evaluated all together.

(4721 P. K. m. 713) (3402 S. K. m. 16) (6831 P. K. m. 17) (5403 P. K. m. 3) (Regulation on the limitation, determination and control of Immovable Property m. 10)

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.:

713 of the Civil Code, claiming that the real estate in his village is not registered in the deed and that the conditions for acquiring the real estate are formed through the statute of limitations. according to the provision of the article, he filed a lawsuit with a request for registration in his name.

The court decided to accept the case and register the deed on behalf of the plaintiff with the disclosure and cancellation of the deed of the 2302.71 m2 area indicated by (A) in the 23.05.2012 day science expert sketch contained in parcel 2235, the provision was appealed by the defendants … and…….
According to the statement in the petition, the case was filed under Section 713 of the Civil Code. according to the provision of the article, it is related to the request for registration of real estate.

In the place where the contested real estate is located, the forest cadastre made in 1948 and the application completed in 1977 and 1988, 2. article and 2 / B article studies are available. Tapulama works were completed in 1960.

During the trial on 04/01/2012,the place found in the contested real estate was registered in the deed in the name of ihdasen … with parcel number 2235 and an area of 30.651, 27 m2.

Although the court has decided to accept the case on the grounds that the contentious real estate is not considered a forest, the examination and research conducted is not sufficient for the decision. As a result, the forest expert report obtained as a basis for the decision cannot be controlled due to the fact that all documents and maps related to the forest restriction made in the region are not brought to the file, as well as the contentious real estate is not shown on the hometown map along with parcels located around it, and the date of the applied aerial photo is not specified. In addition, the fact that a real estate remains outside the borders of the completed forest cadastre is separate, whether the conditions for winning with possession occur are separate issues. … since he claims that the conditions for winning are not formed, these issues need to be investigated.

In that case, the court shows the location of the real estate subject to the lawsuit together with its neighbors 1/5000 scale land cadastral map with the original copy sample of the forest restrictions made in the region to start work, work, finish work and results hang announcement minutes and the location of the real estate with the border points of the forest restriction approved examples of the forest restriction map, again the oldest dated hometown map and aerial photos from the date of the case 15 – 20 years ago, two separate stereoscopic aerial photographs and the photographs taken on the date of the original color produced on the basis of country maps have been found by asking from where these documents the faculties of Agriculture, Department of Soil Science who graduated from an agronomist, a map-cadastre (Geodesy and photogrammetry) from three forest engineer with the engineer with the skill of the expert committee that will be created, they are applied to the environment with the subject matter of the case and in the case of immovable after it has been determined this documentation, aerial photographs, maps and the rest of The View-Master and instrument in three dimensions and incelettirili, the nature of the real estate shown in this document, reconstruction and revival that is started and completed with the date of possession should be determined, 1/5000 and 1/25000 scale maps and with these documents in cadastral maps cadastral map will be synced to both organized with neighboring and adjacent real property in the real estate contested by the location of applique on top of each other, with colored maps aerial photos of town that shows up on the original expert witness format and contains detailed scientific data from the board of, topographic and hometown maps using the real slope status of the real estate shows the report should be taken; the subject of the lawsuit is not considered a forest or the finalized forest cadastre to remain outside the borders or forest and land cadastre made and finalized between the date of the case more than 20 years to pass on behalf of persons of this place as a result of the investigation to be conducted in this way, the subject of the lawsuit is not sufficient for registration of the place; places that are considered a forest or have entered the forest regime or 16 of law 3402. specified in the item shall not be subject to private ownership, identification of public property, dedicated to public service, Provincial, District or town nazim and practical implementation in areas covered by the plans remained in the case of appeal against the determination of cadastral, Cadastral from the date of issuance of the report and the photographs of hometown maps produced from aerial photographs taken 20 years ago or photogrammetry Cadastral plot and the savings are not held by the method according to zilyet places, registered Cadastral registration of external determined and-drop operation from the date of possession until the date the case was opened was not of 20 years of duration, in that place is finalized the forest cadastre, whether or not the immovable Act No. 6831 published in the official gazette dated 20.11.2012 and law, 17/2, forest Cadastre and 2/16/1 the application of regulation B-i under the articles, the lack at the position of the location aperture of the forest is required.

In the above conditions in the absence of a concrete case of immovable ago What Happened, which is made on the date reconstruction and revival starts and completes, from left, are appropriate to the purpose of tenure and how that is sustained and whether based on economic and financial events in detail, it is to rest immovable-party witnesses should be asked at the beginning with local experts, local and expert witness to the accuracy of the words mentioned above, in accordance with the documents and the truth to be held with the expert committee report must be checked, records and bases of neighboring parcels should be brought and applied; how it qualifies this real estate as a border should be investigated; during the discovery, it should be taken color photos that show the state of the real estate in various aspects, approved and displayed on the real estate photo, and put in the case file, law 3402 14/1. research article written in the 40 and 100 acres restriction of the same substance, 3/7/2005, dated 5403) soil conservation and land use law should be made after considering the provisions of the second paragraph is modified given that the decision of the person or persons to be registered in the name of those who left their inheritance with other heirs given in terms of tenure within the same workspace from belgesiz determined based on whether the registered immovable, and if you have any type of parcel numbers and quantity, and related land registry offices from the Directorate of Cadastre and again, Article 3/j of Law No. 5403 on whether the real estate subject to the lawsuit is water or dry agricultural land and the regulation on the limitation of Real Estate determination and Control Works 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 is taken from the source a sufficient amount of the agronomist are met and in a controlled manner as described for the purpose of the law from the land where should be taken to report, after that, should be decided according to the evidence collected and the results evaluated all together.

Conclusion: for the reasons described above, it was decided unanimously on 12.04.2016 to overturn the provision by accepting the appeals of the defendant … and … …and to return the appeal fee upon request.