… JUDGE OF THE COURT
PROSECUTOR:
TURKISH IDENTIFICATION NUMBER:
ADDRESS:
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS:
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS:
SUBJECT: Our request includes the establishment of an. Easement right over the water well located on the main real property.
INSTRUCTIONS:
1 -) The real property… numbered parcel is owned by your client, and the… numbered parcel is also registered in the defendant’s name. On… /… /…, a water well was dug and electrical wiring was installed up to the common boundary, with the costs of the real property shared equally. (October 1) (October 2)
2 -) Pursuant to Article 756 of the Turkish Civil Code No. 4721; Water sources are an inseparable part of the land, and ownership of such sources can only be acquired together with the ownership of the land on which they are located. Rights regarding water sources located on another’s land are established by registering them as an easement in the land registry.
3 -) During the inspection conducted by us on …/…/… (October 3), it was determined that the water well belonging to the customer Muri is located on parcel number …
4) Regarding the establishment of the matter jointly owned by the parties and the Wells, as determined by witness statements, we wish to support the petition we submitted with the names and addresses listed in the witness list attached as Exhibit 4, provided you are present in court; this information will clarify our witnesses’ statements.
5 -) For the reasons explained above; following the determination that the right to use water resources from the well belongs to the plaintiff’s client as a 1/2 share, an obligation has arisen to file a petition with Your Court for an easement right regarding the use of water from the well located on the parcel numbered …, which is owned by the client.
LEGAL GROUNDS: Turkish Civil Code Art. 4, 12, 240, 266, 288; Turkish Code of Obligations Art. 756
LEGAL EVIDENCE:
1-) Land registry records
2 -) A document dated … / … / … indicating that a water well was dug.
3 -) Minutes of the inspection conducted on … / … / …
4 -) Witness statements
5 -) Investigation and Expert Examination
CONCLUSION AND REQUEST:
For the reasons outlined above, on behalf of our client, we respectfully request that the court order the transfer of the easement right regarding the well located on the parcel, as well as the litigation costs and attorney’s fees, to the opposing party. …/ …/ …
ATTACHMENTS: 1-Land registry extract from October
2- According to the document dated … / … / …, a water well has been dug.
3- Date and time of the inspection / … / / …
4- Names and addresses of the witnesses and the subjects of their testimony
The list of witnesses is provided below:
5- A certified copy of the power of attorney.
Plaintiff’s Attorney