T.C. SUPREME COURT DECISION
20.law office
Base: 2016/3944
Decision: 2016/7541
Date of Decision: 28.06.2016
CASE OF OBJECTION TO CADASTRAL REGISTRATION – A REPORT SHOULD BE RECEIVED FROM THE AGRICULTURAL ENGINEER IN ACCORDANCE WITH THE PURPOSE OF THE LAW ON WHETHER THE REAL ESTATE IS IRRIGATED OR DRY AGRICULTURAL LAND, AND A DECISION SHOULD BE MADE WITHIN THE FRAMEWORK OF THE RESULT THAT WILL BE FORMED
ABSTRACT: As to whether the real estate subject to litigation is irrigated or dry agricultural land (Article 3 / j of Law No. 5403 and Article 10 of the Regulation on the Limitation, Detection and Control of Immovable Property. 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 Pp. K. m. 17) (3402 p. K. m. 14)
Case and Decision: Supreme Court examination of the provision established at the end of the hearing of the case between the parties requested by the defendant and the internal defendants …, …, … and … after the decisionmission of the appeal petition, which is understood to be in due course, the file was examined, the need was considered:
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 conducted by the court by including the minutes 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 real estate No. 104 parcels in the title deed in his name by qualification, the verdict was appealed by the defendant and the internal defendants …, …, … and ….
The case concerns an appeal to the cadastral register and cadastral registration.
4. The Law No. 3402 is amended by the Law No. 5304 in the place where the disputed real estate is located. there are cadastral works carried out in accordance with the provisions of Article and announced between 25 dec04/2008 and 26/05/2008.
The decision made by the court is contrary to the procedure and the law. October 1960, the yesiletik map is located in a green wooded area and in the additional report received on the return, the oldest dated aerial photo of 134 island 1 parcels, spruce trees, partially covered with beech hornbeam trees, 101 island 95, 96, 97, 98, 99, 100, 101 and plots No. 102, meadow pastures in places, shrubby stunted roses, it has been reported that the plots numbered 101, 103 and 104 are mostly a meadow area with spruce species and sprinkled beech hornbeam, maple scrub trees bushes, and that there is an opening covered with spruce beech hornbeam, maple species, leafy and coniferous trees in places, in the report, the disputed real estate is called both an internal opening and a green area on the map of the country, and a contradiction has arisen due to the fact that there is vegetation on the real estate in the aerial photo, and also the conditions of development and ownership of real estate development have not been evaluated, and as a result of the Administration’s filing a lawsuit around parcel 101 island 3, although there are no real estate defendants 101 island 3, the court has not yesildirim, it is understood that instead of sending the cadastral record of the parcel No. 101 island 1 to the land registry office for finalization by the usual means, it was decided to register the real estate as determined.
The judgment cannot be established with expert reports that are not suitable for audit and incomplete research and examination.
For these reasons; the basis No. 1289 of 1289 based on the defendants is all the procedures and sketches, if any, from the first formation of the land registry, bringing all the parcel minutes that it has been revised, asking why it has not been revised if it has not been revised, all the parcels and neighboring parcels where the land registry has been applied, minutes and bases, defendant case files, registration sketch, if any, neighboring parcel minutes and bases, 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, these documents will be created from an agricultural engineer, a map-cadastral (Geodesy and Photogrammetry) engineer or a science element, as well as a graduate engineer or engineer with the help of a board of experts, the subject of the case will be applied to the real estate and its surroundings and after determining the location of the case in these documents, aerial photographs and the basis of the maps will be examined with a stereoscope and in three dimensions, and this is the nature of the real estate what is seen in the 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. the report is clarified to mean assessed as to whether they should be taken on the basis of the land registry and, if applicable, the plans, with the help of local experts and witnesses benefiting from the adjacent parcel yonteminc should be applied to the floor like it was necessary to reports, the deed recording the limits of “Breaking” of the land, whether as a result of reading may vary according to the state is limited by the evaluation may vary if you have limited inertial, Article 20 of law 3402/C the surface area has to be fully determined in accordance to the value given the scope, the scope of the main immovable, or if it is not opening from the forest, it should be recognized that the surplus amount is earned by opening from the forest located at the border, and if there are parcels that have been revised, the area of these parcels should also be deducted and it should also be investigated whether the land registry has lost its legal value under.
Contentious real estate, land and from places not within the scope of registration if it is determined that there isn’t of mentioned before, zoning and revival, which is made on the date starts and completes, from left, are appropriate to the purpose whether that is sustained and how tenure and economic and financial events based on detail in the rest of witnesses should be asked at the beginning immovable party with local experts, local and expert witness as to the accuracy of the words mentioned above, the expert committee to be held in accordance with the documents and the truth must be checked with the report, during the discovery, the immovable must be placed in the case file by taking color photographs and confirming it and showing it on the immovable photo, if there are administrative investigation and unfair occupation (ecrimisil) minutes prepared by the authorities before or after the date of the case, these minutes should also be applied instead and the people named in the minutes should be heard as witnesses, Law 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 writing with incomplete examination without taking into account the issues described.
Conclusion: For the reasons described above, it was unanimously decided on 28.06.2016 that the defendant, the internal defendants …, …, … and …, with the acceptance of appeals, the provision would be overturned and the appeal fee would be refunded on request. (¤¤)
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