EN SUPREME COURT
Law Office
Originally: 2015/7834
The Verdict: 2016/7381
Decision Date: 22.06.2016
DAMAGE LAWSUIT – DAMAGE LAWSUIT ARISING FROM THE RETENTION OF THE LAND REGISTRY – INVESTIGATION AGAINST WHETHER THE ITEMS CAN BE COUNTED ACCORDING TO THE NATURE OF THE TITLE DEED – AUTHORIZED BASED ON FALSE EXAMINATION AND RESEARCH
SUMMARY: In order for the court to reach the correct conclusion, re-evaluating whether a real estate that has no residential area and has agricultural land in its immediate vicinity can be evaluated as land in accordance with the decision of the Council of Ministers and the decision of the Supreme Court Legal Unification Board; if it is determined that the real estate does not qualify as land according to these principles, the value of the real estate on the date of valuation according to the agricultural income method should be decided according to the result, taking into account the qualities of the nearest agricultural land, determining the value of the real estate on the date of valuation according to the agricultural income method.
Regardless of the issues described, the establishment of a judgment based on incomplete examination and research is contrary to procedure and the law.
(K No. 4721. Md. 1007) (K No.6098. Md. 49) (2942 PK Md. 11) (YIBK 17.04.1998 T. 1996/3 E. 1998/1 K.)
Trial: Upon the defendant’s request from the Supreme Court to examine the provision established at the end of the hearing of the case between the parties, the necessary examination was carried out by examining the file upon the decision to accept the petition of appeal, which was apparently granted Decently:
Decision: The plaintiff’s real person attorney requested that the immovable property with parcel number 1687 in his village be registered on behalf of lawyers with a petition dated 10/02/2014, stating that the title deed of the immovable property was canceled by the decision of the numbered Civil Court of First Instance.
defendant’s lawyer requested that the case be dismissed.
The lawsuit was accepted by the court, the subject of the lawsuit is 52.500,00, which was determined in the expert report dated 09/02/2015 for the part of the immovable property remaining within the coastline.-It has been decided that the TL compensation will be paid from the defendant’s side together with the interest to be processed as of 10/02/2014, the date of the case. The verdict has been appealed by the defendant.
According to the statement contained in the petition, the case is 1007 of the TMK No. 4721. it is a case for compensation arising from the retention of the land registry in accordance with the article.
… district, … village, 605 parcel no. The cadastral determination of the real estate in the nature of a field with an area of 452,800 m2 was made on behalf of individuals in the land registry, and the subject of the lawsuit is the parcels numbered 1687 and 605 are among the parcels formed as a result of the bankruptcy of the real estate. The plaintiff … purchased the parcel 1687 on 07.09.1995 with a period of 324 days and registered in his own name. The plaintiff has purchased the real estate on the basis of trust.
In the examination of the land registry records and documents brought to the file and the finalized decision samples, it is understood that the land registry of the immovable parcel 1061 subject to the lawsuit is included in the file of the Court of First Instance dated 10/02/2014 and numbered 2014/2015 on behalf of the plaintiff party. The case was opened on 10/02/2014.
1007 of the TMK No. 4721. in the article “The state is responsible for all kinds of damages arising from the maintenance of the land registry. The state shall resort to officials who are found to be at fault for causing the damage.” it is said. According to this regulation, the responsibility of the state is the perfect responsibility arising from trusting the official record. The perfect responsibility arising from trusting the registry is based on the deprivation of these rights due to the change or loss of interests and rights in kind related to the land registry as a result of erroneous registration. Because the state, which undertakes and undertakes to keep the records accurate, is also obliged to pay the damages arising from false and unfounded records.
The liability for compensation arising from a tort regulated in Articles 49 and continuation of the Code of Obligations No. 6098 arises on the date of commission of the tort and the statute of limitations begins. while acknowledging the existence of objective (perfect) liability regulated in Article 1007 of the TMK No. 4721, if the responsibility of the state requesting compensation for all damages arising from the maintenance of the land registry is in questThe liability for compensation arising from a tort regulated in Articles 49 and continuation of the Code of Obligations No. 6098 arises on the date of commission of the tort and the statute of limitations begins.
while acknowledging the existence of objective (perfect) liability regulated in Article 1007 of the TMK No. 4721, if the responsibility of the state requesting compensation for all damages arising from the maintenance of the land registry is in question,;
It starts from the date when the court decision on the cancellation of the land registry becomes final, the immovable prIt starts from the date when the court decision on the cancellation of the land registry becomes final, the immovable property changes hands or is sold and the property right is interfered with in similar ways, that is, the property right is interfered with because the place is public property or is pasture, plateau, barracks or remains in a sandy area within the coastline. In this case, the determination of the real and fair value of the immovable property should not be based on the date of the lawsuit, but on the date of interference with the property right and the date of damage.
The compensation to be paid in the event of the complete disposal of the property right or the unloading of the immovable property is determined according to the valuation discretion of the immovable property described above.
Your value at the date of death is 11 of the Law No. 2942. according to the article, it needs to be determined. According to paragraphs 11/1- (f) and (g) of the same article, taking into account the position and conditions of the immovable property or resource on the expropriation (evaluation) date and the specific purpose before the expropriation (evaluation) day, the net income it will bring if used as is, will be determined at the sYour value at the date of death is 11 of the Law No. 2942.
to the article, it needs to be determined. According to paragraphs 11/1- (f) and (g) of the same article, taking into account the position and conditions of the immovable property or resource on the expropriation (evaluation) date and the specific purpose before the expropriation (evaluation) day, the net income it will bring if used as is, will be determined at the sale price to be determined according to unprecedented sales. In this case, in determining the value of the immovable property based on compensation, it is necessary to Decipher whether the immovable property is a plot or a field.
According to the decision of the Council of Ministers dated 28.02.1983 and numbered 1983/6122, partially adopted by the Supreme Court, in order for a real estate not included in the zoning plan to be considered as a plot, it remains within the boundaries of a municipality or a movable area, but benefits from municipal services (because it is located within the boundaries of a municipality or will be Decanted. road, water, electricity, transportation, garbage collection, sewage, lighting, etc.)
the placement of immovables Decoupled between the beneficiary and the place of residence; If the real estate is included in the nazim zoning plan, according to the decision of the Grand National Assembly of the Supreme Court dated 17.04.1998 and numbered 1996/3-1998/1, the date of its inclusion in this plan and its location in the plan, the availability of infrastructure services and transportation opportunities, the distance to the municipal center, whether there is a possibility of construction for residential purposes in terms of shape should also be evaluated.
In the light of all these explanations, it is not possible to accept a real estate that is not included in the Decim and application zoning plan and has no settlement on it as a plot only because it does not have the possibility of agriculture and is subject to special parceling. For this reason, the examination and research conducted by the court regarding the nature of the immovable property was not deemed sufficient.
In this case, in order for the court to reach the correct conclusion, a re-evaluation of whether a real estate with no residential area around it and agricultural land in its immediate vicinity can be evaluated as land within the framework of the above-mentioned decision of the Council of Ministers and the decision of the Legal Unification Board of the Supreme Court; if it is determined that the immovable property does not have the nature of land according to these principles, it should be decided according to the result by determining the value of the immovable property on the date when the valuation will be made according to the agricultural income method, taking into account the character