EN SUPREME COURT
Law Office
Originally: 2015/15795
The Verdict: 2016/7531
Decision Date: 28.06.2016
LAND REGISTRY CANCELLATION AND REGISTRATION REQUEST – THE CASE IS A CASE THAT HAS BEEN A REGISTRATION AND PROPERTY CANCELLATION REQUEST AND IS NOT ONE OF THE CASES THAT SHOULD BE SENT TO THE CADASTRAL COURT – DISPUTE RESOLUTION COURT
SUMMARY:
The case is a case of cancellation of the title deed and registration of immovable property and is not one of the cases that should be transferred to the cadastral court. Therefore, the court charged with resolving the dispute … 1. The Court of First Instance. HMK’s 21. and 22. according to the articles… 1. The Court of First Instance had to be designated as the competent court.
(6831 SQ m. 2) (3402 SQ m. 22, 27, 41) (6100 SK m. 21, 22) (Regulation on the Procedures and Principles to be Followed in the Reorganization of Cadastral Maps and in Making the Necessary Corrections in the Land Registry Art. 9)
Lawsuit and Decrees: In the lawsuit filed between the parties regarding the immovable property law, 1. Due to the decision of the Court of First Instance and the Cadastre to dismiss the duty, all the documents in the file sent for the determination of the place of duty were examined and deemed necessary:
In summary, the plaintiff’s attorney claimed in the lawsuit petition that the real estate numbered 1256 parcel located in the village was registered on behalf of the defendants in the land registry, and during the cadastral studies conducted in 1993, a section of 2271 m2 of the real estate in question was issued on behalf of the defendant in accordance with Article 2 / B of Law No. 5737.
… 1. The Court of First Instance issued a decision of dismissal on the grounds that the cadastre court was in charge on the grounds that the report was issued in accordance with Article 22/2-a of the Land Registry Law No. 5737 in the capacity of the defendant.
… The Cadastral Court, on the other hand, made a decision of dereliction of duty due to the fact that the case relates to property and the court of first instance is in charge.
27/1 of the Cadastre Law No. 3402. its substance. “The duty of these courts ends on the date on which the cadastral registration is issued for the subject of the cadastre that is being heard in the local courts and for immovable properties that have not yet been finalized, and the case files are transferred to the court ex officio.” In order for the provision to be applied, the case before the general court must include a dispute that will fall within the scope of cadastral activity.
According to Article 22/2-a of Law 3402, the purpose of the implementation cadastre is to “eliminate errors caused by limitations, measurements, drawings and calculations of cadastral maps that have lost their practical nature related to land registry, cadastre or amendment operations, to reorganize them in order to eliminate errors that are insufficient for technical reasons, are missing or do not show the boundaries on the land in accordance with reality, and to make the necessary corrections in the land registry.
As can be seen, the purpose and scope of the application cadastre is to eliminate technical errors related to the boundaries of real estate on the cadastral maps.
In this case, the cases that can be transferred from the general courts due to the implementation cadastre are related to the border dispute; in other words, at the end of the final decision to be made, it is mandatory to change the boundaries and/or the area of the immovables on the settlement plan map. As a matter of fact, in Article 22/2-a of the Cadastral Regulation (Regulation on the Procedures and Principles to be Followed in the Reorganization of Land Registry Cadastral Maps and the Necessary Corrections in the Land Registry) Article 9 / a, the cases that need to be transferred from the general courts are described as “border or area-related” cases.
The judgment given as a result of the immovable property lawsuit filed in the general court does not change the cadastral boundaries (diameters) of immovables. For this reason, title deed cancellation and registration cases related to real estate are not among the cases that should be transferred to the cadastral court due to the implementation cadastre. Dec.
The cases that need to be transferred within the scope of the implementation cadastre are “Land registry cancellation and registration cases with the request of changing the common border”, “41 of the Cadastre Law. cases filed in accordance with article”, “Cases for correction of the area written in the land registry register” and “22/1 of Law No. 3402. cases arising from the repeated cadastre within the scope of the article.
In the concrete case, the case is a case of title deed cancellation and registration of immovable property and is not one of the cases that should be transferred to the cadastral court. Therefore, the court charged with resolving the dispute … 1. It is the Court of First Instance.
Conclusion: For the reasons explained above; 21 and 22 of the CCP. in accordance with the articles, by unanimous vote on 28.06.2016 1. It has been decided to DESIGNATE the Court of First Instance AS THE COMPETENT COURT.