Turkish
1-WHAT IS CADASTRE?
Cadastral Law No. 3402 Article 1 – (Amended: 22/2/2005 – 5304/1 art.) The purpose of this Law is to determine the legal status of immovable properties by indicating their boundaries on the land and map, based on the cadastral or topographic cadastral map of the country according to the country coordinate system. Establishing the land registry stipulated by the Turkish Civil Code No. 4721 and creating the infrastructure of the spatial information system. As can be understood from the text of the law, Cadastre determines the boundaries and owners of immovable properties. It is aimed to establish a solid and open land registry system through cadastral processes, which are recording work in the land registry.
Cadastral Law No. 3402 Article 1 – (Amended: 22/2/2005 – 5304/1 art.) The purpose of this Law is to determine the legal status of immovable properties by indicating their boundaries on the land and map, based on the cadastral or topographic cadastral map of the country according to the country coordinate system. Establishing the land registry stipulated by the Turkish Civil Code No. 4721 and creating the infrastructure of the spatial information system. As can be understood from the text of the law, Cadastre determines the boundaries and owners of immovable properties. It is aimed to establish a solid and open land registry system through cadastral processes, which are recording work in the land registry.
Land registry cadastre is the process of giving title deed documents to the rightful owners by registering them in the land registry as stipulated by the Turkish Civil Code. These processes enable the legal status of immovable properties to be determined by determining the boundaries of immovable properties on land and maps. In cadastral studies, the type, surface area and boundaries of the immovable properties are determined and connected to the plan. Each immovable property must be recorded in the land registry. The process of opening a separate page in the register for all immovable properties to be recorded in the land registry is briefly referred to as “deed registration”. In practice, keeping the land registry as required by the Civil Code is tied to the land cadastre. For this reason, real land registration starts with cadastre.
2-DETERMINATION AND DECLARATION OF THE CADASTRE REGION
Law No. 3402. Article 2 – The places within the administrative borders of the central district and other districts of each province constitute cadastral regions. The regions to be cadastre are determined in accordance with the master plan, with the proposal of the General Directorate of Land Registry and Cadastre and the approval of the Minister to whom it is affiliated. The regions for which cadastral survey will begin are announced at least one month in advance in the Official Gazette, Radio or Television, in the regional center and the province it is affiliated with, and in the local newspaper, if any, and are also announced by usual means.
In addition, on this subject, Official Gazette Date 28.10.1987 Number: 19618 Regulation on Cadastral Announcements Article -1 – The purpose of this Regulation is to determine the manner in which the announcements foreseen in the Cadastre Law No. 3402 are made, the issues to be stated in the announcements, the place and duration to be posted, and the public institutions to be announced. Article 2 – This Regulation has been issued in accordance with the provision of Article 47/F of the Cadastral Law No. 3402.
a) Determination and Announcement of Regions
Regulation on Cadastral Announcements Article 3 – After the regions to be cadastre are determined by the General Directorate of Land Registry and Cadastre in accordance with the master plan, the announcements of those deemed appropriate by the Minister to which it is affiliated are made at least one month in advance by the General Directorate in the Official Gazette, on Turkish Radio or Television, in the regional center and in the province to which it is affiliated. It is also announced through the usual means and in one of the local newspapers, if any.
Regulation on Cadastral Announcements Article 3 – After the regions to be cadastre are determined by the General Directorate of Land Registry and Cadastre in accordance with the master plan, the announcements of those deemed appropriate by the Minister to which it is affiliated are made at least one month in advance by the General Directorate in the Official Gazette, on Turkish Radio or Television, in the regional center and in the province to which it is affiliated. It is also announced through the usual means and in one of the local newspapers, if any.
b) Cadastral work area announcement
Regulation on Cadastral Announcements Article 4 – The cadastral work area is announced by the cadastral director at least 15 days before the start of the cadastral work, in the regional center, in the work area, in neighboring villages, neighborhoods and municipalities, by the usual means. The announcement is made in a report.
It is notified to the civil administrator of the locality where the announcement is made, local cadastral and civil courts, land registry directorate, finance institution (later treasurers, district and property directorates), foundations administration, special provincial administration and, if relevant, the forest administration and local units of other public institutions and organizations.
Regulation on Cadastral Announcements Article 4 – The cadastral work area is announced by the cadastral director at least 15 days before the start of the cadastral work, in the regional center, in the work area, in neighboring villages, neighborhoods and municipalities, by the usual means. The announcement is made in a report.
It is notified to the civil administrator of the locality where the announcement is made, local cadastral and civil courts, land registry directorate, finance institution (later treasurers, district and property directorates), foundations administration, special provincial administration and, if relevant, the forest administration and local units of other public institutions and organizations.
c) Location or island announcement
Regulation on Cadastral Announcements Regulation on Cadastral Announcements Article 5 – After determining the boundaries of the cadastral work area, cadastral technicians prepare a work program by dividing the work area into parts according to location or island status. It is announced in the relevant village or neighborhood at least seven days in advance, by ordinary means, that the location or island in which he will start working is announced.
In the advertisement; The location, neighborhood and street where the cadastre will be carried out are shown clearly. In addition, those who have ownership and non-rem rights of ownership over immovable properties must be present at their immovable properties on a certain day, show their borders, state their claims, give their documents if they have any, and if they do not come or do not send a representative, the limitation and determination will be made in their absence, objections that are not based on documents will not be accepted, and objections will be made within the scope of the work area. What can be done during the activities and similar issues are stated. A report is prepared stating that the announcement was made.
If the delimitation and detection procedures at the announced location or island are not completed on the announced day, the work will continue on the following days without the need for a separate announcement. However; If cadastral works are suspended for more than three months for any reason, this announcement is renewed.
Regulation on Cadastral Announcements Regulation on Cadastral Announcements Article 5 – After determining the boundaries of the cadastral work area, cadastral technicians prepare a work program by dividing the work area into parts according to location or island status. It is announced in the relevant village or neighborhood at least seven days in advance, by ordinary means, that the location or island in which he will start working is announced.
In the advertisement; The location, neighborhood and street where the cadastre will be carried out are shown clearly. In addition, those who have ownership and non-rem rights of ownership over immovable properties must be present at their immovable properties on a certain day, show their borders, state their claims, give their documents if they have any, and if they do not come or do not send a representative, the limitation and determination will be made in their absence, objections that are not based on documents will not be accepted, and objections will be made within the scope of the work area. What can be done during the activities and similar issues are stated. A report is prepared stating that the announcement was made.
If the delimitation and detection procedures at the announced location or island are not completed on the announced day, the work will continue on the following days without the need for a separate announcement. However; If cadastral works are suspended for more than three months for any reason, this announcement is renewed.
d) Scope of cadastral hanging tables
Regulation on Cadastral Announcements Article 6 – Immovable property in the hanging tables; province, district, neighborhood or village, street or location, section, island, parcel number, type, surface area, property tax value, cadastral fee amount and rate, name, surname, father’s name, residence address and share amount of the owner, other than ownership. It includes rights, annotations, declarations and pledges and the result of objections before the announcement.
Regulation on Cadastral Announcements Article 6 – Immovable property in the hanging tables; province, district, neighborhood or village, street or location, section, island, parcel number, type, surface area, property tax value, cadastral fee amount and rate, name, surname, father’s name, residence address and share amount of the owner, other than ownership. It includes rights, annotations, declarations and pledges and the result of objections before the announcement.
e) Announcement of cadastral records
Regulation on Cadastral Announcements Article 7 – The cadastral director prepares the suspension lists on the basis of neighborhood or village, based on the cadastral reports prepared as a result of delimitation and determination. These tables and sheet samples are announced for 30 days by hanging them at the directorate, at the workplace of the headman of the village or neighborhood where the immovable property is located, and also, if there is a municipal organization, by hanging a copy of the announcement list at the place designated by the mayor on the same day. A report is prepared stating that the announcement was made in three different places. If the announcements are not made on the same day, the last announcement date will be taken as basis for all announcements. He sends a copy of the hanging list to the local finance institution (revenue office in provinces, property directorate in districts) and forest administration. In addition, local cadastral and civil courts, and relevant public institutions and organizations are notified in writing that the announcement has been posted.
By obtaining permission from the general directorate, partial announcements can be made for not less than one island or location, according to the same principles.
The cadastral director must carry out the procedures regarding this announcement within three months at the latest from the date the cadastral team finishes its work in the work area.
(Additional paragraph:OG-26/09/2005-25948) When the delimitation, detection, control and commission works of the forests in the study area are completed, the results of these studies are subject to a thirty-day partial suspension announcement within ten days at the latest, without obtaining permission from the General Directorate.
In the hanging schedule, the result of the action taken by the cadastral commission on the objected parcels until the activity in the study area is completed is stated in the relevant column as “objection rejected or accepted”.
Regulation on Cadastral Announcements Article 7 – The cadastral director prepares the suspension lists on the basis of neighborhood or village, based on the cadastral reports prepared as a result of delimitation and determination. These tables and sheet samples are announced for 30 days by hanging them at the directorate, at the workplace of the headman of the village or neighborhood where the immovable property is located, and also, if there is a municipal organization, by hanging a copy of the announcement list at the place designated by the mayor on the same day. A report is prepared stating that the announcement was made in three different places. If the announcements are not made on the same day, the last announcement date will be taken as basis for all announcements. He sends a copy of the hanging list to the local finance institution (revenue office in provinces, property directorate in districts) and forest administration. In addition, local cadastral and civil courts, and relevant public institutions and organizations are notified in writing that the announcement has been posted.
By obtaining permission from the general directorate, partial announcements can be made for not less than one island or location, according to the same principles.
The cadastral director must carry out the procedures regarding this announcement within three months at the latest from the date the cadastral team finishes its work in the work area.
(Additional paragraph:OG-26/09/2005-25948) When the delimitation, detection, control and commission works of the forests in the study area are completed, the results of these studies are subject to a thirty-day partial suspension announcement within ten days at the latest, without obtaining permission from the General Directorate.
In the hanging schedule, the result of the action taken by the cadastral commission on the objected parcels until the activity in the study area is completed is stated in the relevant column as “objection rejected or accepted”.
f) Suspension announcement to be made by the courts
Regulation on Cadastral Announcements Article 8 – The cadastral judge shall make the suspension announcement by combining the case files and cadastral minutes submitted to him in accordance with Articles 5, 10 and 27 of the Cadastral Law. This announcement is made in accordance with the form in Article 11 of the Cadastral Law. In making the announcement, cadastral managers provide all kinds of assistance to the cadastral judgeship.
Regulation on Cadastral Announcements Article 8 – The cadastral judge shall make the suspension announcement by combining the case files and cadastral minutes submitted to him in accordance with Articles 5, 10 and 27 of the Cadastral Law. This announcement is made in accordance with the form in Article 11 of the Cadastral Law. In making the announcement, cadastral managers provide all kinds of assistance to the cadastral judgeship.
3-WHY IS CADASTRE PROCESS DONE?
Title deed and cadastre are carried out to achieve the following purposes:
-To register immovable properties that are not registered in the land registry and are called “non-titled”,
-To reveal the changes in the records of registered real estate; renewing registrations,
-Creating cadastral plans for real estate,
-To determine who the real rights owners of real estate are.
Additionally, if there is a forest that has not been cadastrally surveyed in the cadastral work area, a forest engineer and an agricultural engineer also join the cadastral team.
During the cadastral activity, it may be necessary to reveal the real ownership of the real estate with title deed (it may be possible that another person, instead of the person registered in the land registry, uses the real estate as the owner), and in the case of real estate without title deed, it may also be necessary to determine in whose name the real estate will be determined. Determination of right ownership is carried out with the documents stipulated in the Cadastre Law No. 3402 (Art. 13-14).
-To register immovable properties that are not registered in the land registry and are called “non-titled”,
-To reveal the changes in the records of registered real estate; renewing registrations,
-Creating cadastral plans for real estate,
-To determine who the real rights owners of real estate are.
Additionally, if there is a forest that has not been cadastrally surveyed in the cadastral work area, a forest engineer and an agricultural engineer also join the cadastral team.
During the cadastral activity, it may be necessary to reveal the real ownership of the real estate with title deed (it may be possible that another person, instead of the person registered in the land registry, uses the real estate as the owner), and in the case of real estate without title deed, it may also be necessary to determine in whose name the real estate will be determined. Determination of right ownership is carried out with the documents stipulated in the Cadastre Law No. 3402 (Art. 13-14).
4-OBJECT TO CADASTRE DETERMINATION
Cadastre Law No. 3402 Article 9 – After the cadastral report is prepared, the determinations can be objected until the cadastral team completes its work in the work area.
The objection is made to the cadastral technician or cadastral directorate. In this case, the minutes or attachments regarding the objection are submitted to the cadastral commission within ten days at the latest. Objections can only be made regarding the validity of the applied documents. Objections that are not based on a document are not examined. The objector reserves the right to file a lawsuit within the announcement period.
Cadastre Law No. 3402 Article 9 – After the cadastral report is prepared, the determinations can be objected until the cadastral team completes its work in the work area.
The objection is made to the cadastral technician or cadastral directorate. In this case, the minutes or attachments regarding the objection are submitted to the cadastral commission within ten days at the latest. Objections can only be made regarding the validity of the applied documents. Objections that are not based on a document are not examined. The objector reserves the right to file a lawsuit within the announcement period.
5-REVIEW OF THE OBJECTION BY THE CADASTRE COMMISSION
Cadastre Law No. 3402 Article 10 – The Commission is obliged to examine the works and objectionable reports submitted to it within one month at the latest from the date of receipt or until the activities of the cadastral team in the work area are completed, provided that justification is given. As a result of these examinations, a new report determining the beneficiary is prepared, replacing the old one. When necessary, the information of experts and the headman can be used. No witnesses are heard against the document. The commission meets with the full number of members and makes a determination by majority vote, and announces the result to those concerned with a suspension announcement. Issues that cannot be resolved in the application of documents of the same force and nature, or whose resolution is left to the discretion of the courts by law, are transferred to the cadastral court together with the minutes and their annexes, by the cadastral commission, with justification given.
Cadastre Law No. 3402 Article 10 – The Commission is obliged to examine the works and objectionable reports submitted to it within one month at the latest from the date of receipt or until the activities of the cadastral team in the work area are completed, provided that justification is given. As a result of these examinations, a new report determining the beneficiary is prepared, replacing the old one. When necessary, the information of experts and the headman can be used. No witnesses are heard against the document. The commission meets with the full number of members and makes a determination by majority vote, and announces the result to those concerned with a suspension announcement. Issues that cannot be resolved in the application of documents of the same force and nature, or whose resolution is left to the discretion of the courts by law, are transferred to the cadastral court together with the minutes and their annexes, by the cadastral commission, with justification given.
6-DETERMINATION OF OWNERSHIP RIGHTS OF REAL ESTATE REGISTERED IN THE TITLE REGISTRY
Cadastre Law No. 3402 Article 13 – Immovable property registered in the title deed:
A) If the record owner or his heirs are in possession;
a) On behalf of the registrant,
b) If the registrant is dead, on behalf of his heirs,
c) If heirs cannot be appointed, in the name of the registered owner, stating that he is dead,
B) If someone other than the registered owner or his heirs is in possession;
a) In the name of the possessor, if the record owner or his heirs give their consent in the presence of the cadastral technician,
b) If the possessor proves that he has acquired the immovable property from the registered owner or his heirs or representatives through a method other than title deed, with their declaration or any document or with the words of an expert or witness, and also if he has been in possession for at least ten years without any dispute, without interruption and in the capacity of owner. in the name of possession,
c) (Amended: 3/5/2012-6302/4 art.) If the record owner’s absence was ruled twenty years ago or if it is not clear who the owner is from the land registry, it is determined in the name of the person who is in possession of the title of owner for a period of twenty years without dispute and without interruption. The declaration of consent determined and documented by a notary or the sales promise document issued is considered as consent made in the presence of the technician.
Cadastre Law No. 3402 Article 13 – Immovable property registered in the title deed:
A) If the record owner or his heirs are in possession;
a) On behalf of the registrant,
b) If the registrant is dead, on behalf of his heirs,
c) If heirs cannot be appointed, in the name of the registered owner, stating that he is dead,
B) If someone other than the registered owner or his heirs is in possession;
a) In the name of the possessor, if the record owner or his heirs give their consent in the presence of the cadastral technician,
b) If the possessor proves that he has acquired the immovable property from the registered owner or his heirs or representatives through a method other than title deed, with their declaration or any document or with the words of an expert or witness, and also if he has been in possession for at least ten years without any dispute, without interruption and in the capacity of owner. in the name of possession,
c) (Amended: 3/5/2012-6302/4 art.) If the record owner’s absence was ruled twenty years ago or if it is not clear who the owner is from the land registry, it is determined in the name of the person who is in possession of the title of owner for a period of twenty years without dispute and without interruption. The declaration of consent determined and documented by a notary or the sales promise document issued is considered as consent made in the presence of the technician.
7- DETERMINATION OF OWNERSHIP RIGHTS OF REAL ESTATES THAT ARE NOT REGISTERED IN THE TITLE REGISTRATION
Cadastral Law No. 3402 Article 14 – One or more immovable properties that are not registered in the land registry and are within the same working area and have a total surface area of up to 40 decares in irrigated soil and up to 100 decares in dry land (including 40 and 100 decares), can be purchased for at least twenty years without any conflict or interruption. It is determined in the name of the possessor who proves his possession as owner with documents or expert or witness statements.
(Amended second paragraph: 3/7/2005 – 5403/26 art.) The distinction between irrigated and dry land is made in accordance with the provisions of the Soil Conservation and Land Use Law. (1) (Amended: 3/7/2005 – 5403/26 art.) Pursuant to the third paragraph of Article 7 of the Pasture Law No. 4342, subject matter expert Agricultural Engineers are included in the Cadastral Commissions in the transactions to be carried out in accordance with the provisions of Law No. 3402. (1) In order to be determined in the name of the possessor of the part of the immovable property that is outside the scope of the above paragraph, the possession evidenced in accordance with the first paragraph must also be based on one of the following documents.
Cadastral Law No. 3402 Article 14 – One or more immovable properties that are not registered in the land registry and are within the same working area and have a total surface area of up to 40 decares in irrigated soil and up to 100 decares in dry land (including 40 and 100 decares), can be purchased for at least twenty years without any conflict or interruption. It is determined in the name of the possessor who proves his possession as owner with documents or expert or witness statements.
(Amended second paragraph: 3/7/2005 – 5403/26 art.) The distinction between irrigated and dry land is made in accordance with the provisions of the Soil Conservation and Land Use Law. (1) (Amended: 3/7/2005 – 5403/26 art.) Pursuant to the third paragraph of Article 7 of the Pasture Law No. 4342, subject matter expert Agricultural Engineers are included in the Cadastral Commissions in the transactions to be carried out in accordance with the provisions of Law No. 3402. (1) In order to be determined in the name of the possessor of the part of the immovable property that is outside the scope of the above paragraph, the possession evidenced in accordance with the first paragraph must also be based on one of the following documents.
A) Tax records dated 31/12/1981 or earlier,
B) Certified copies of the will and edicts,
C) Reliable trustee, sipahi, tax-farmer conveyancing or deeds,
D) Unregistered land registry or abolished treasury certificates or temporary savings certificates, E) Uncertified land survey records,
F) Property deed, accounting antique item records,
G) Mubayaa, fortification and notification documents,
H) Savings records from foundation administrations that have not been transferred to the land registry
B) Certified copies of the will and edicts,
C) Reliable trustee, sipahi, tax-farmer conveyancing or deeds,
D) Unregistered land registry or abolished treasury certificates or temporary savings certificates, E) Uncertified land survey records,
F) Property deed, accounting antique item records,
G) Mubayaa, fortification and notification documents,
H) Savings records from foundation administrations that have not been transferred to the land registry
8- LEGAL STATUS OF RECOVERED IMMOVABLE PROPERTIES
Cadastre Law No. 3402 Article 17 – Immovable properties made suitable for agriculture by zoning and reviving with expense and effort, from land that is not considered forest, is under the rule and possession of the State and is not allocated for public service, on behalf of those who reconstruct and regenerate it or their successors, if the conditions in Article 14 are present. , otherwise it is determined in the name of the treasury.
This provision does not apply to immovable properties located in the areas covered by the zoning plan of provinces, districts and towns.
Cadastre Law No. 3402 Article 17 – Immovable properties made suitable for agriculture by zoning and reviving with expense and effort, from land that is not considered forest, is under the rule and possession of the State and is not allocated for public service, on behalf of those who reconstruct and regenerate it or their successors, if the conditions in Article 14 are present. , otherwise it is determined in the name of the treasury.
This provision does not apply to immovable properties located in the areas covered by the zoning plan of provinces, districts and towns.
9-FINALIZATION OF CADASTRE MINUTES AND REDUCTION PERIOD
Cadastre Law No. 3402 Article 12 – After the 30-day announcement period has passed, the limitations and determinations of the cadastral records for which no lawsuit has been filed become final. Finalized minutes approved by the cadastral director and finalized decisions of the cadastral court; It is recorded in the land registry within 3 months at the latest, with the finalization dates shown as the registration date. After ten years have passed from the date of finalization of the minutes regarding the rights, limitations and determinations stated in these minutes, no objections or lawsuits can be filed based on legal reasons before the cadastre.
Cadastre Law No. 3402 Article 12 – After the 30-day announcement period has passed, the limitations and determinations of the cadastral records for which no lawsuit has been filed become final. Finalized minutes approved by the cadastral director and finalized decisions of the cadastral court; It is recorded in the land registry within 3 months at the latest, with the finalization dates shown as the registration date. After ten years have passed from the date of finalization of the minutes regarding the rights, limitations and determinations stated in these minutes, no objections or lawsuits can be filed based on legal reasons before the cadastre.
10- LEGAL NATURE OF THE SECOND CADASTRE PROCESS ON PLACES THAT HAVE BEEN CONDUCTED PREVIOUSLY
Cadastral Law No. 3402 Article 22 – (Amended: 22/2/2005 – 5304/6 art.) Re-cadastre of places that have previously been cadastral or deeded by detection, registration or delimitation cannot be done. If such places are subject to cadastre for the second time, the second cadastre is deemed invalid with all its consequences and action is taken according to Article 1026 of the Turkish Civil Code.
If a lawsuit is not filed in due time, the second cadastral survey is canceled ex officio by the land registry office. However;
Cadastral Law No. 3402 Article 22 – (Amended: 22/2/2005 – 5304/6 art.) Re-cadastre of places that have previously been cadastral or deeded by detection, registration or delimitation cannot be done. If such places are subject to cadastre for the second time, the second cadastre is deemed invalid with all its consequences and action is taken according to Article 1026 of the Turkish Civil Code.
If a lawsuit is not filed in due time, the second cadastral survey is canceled ex officio by the land registry office. However;
a) Regarding land registry, cadastre or change transactions; In places that have undergone title deed and cadastral survey, in order to rearrange the cadastral maps that have lost their practicality, are insufficient due to technical reasons, are found to be missing or are found to not show the boundaries on the ground in accordance with the truth, in order to eliminate errors arising from limitations, measurements, drawings and calculations, and to make the necessary corrections in the land registry,
b) The provision of the first paragraph does not apply to places where only title deeds were previously recorded or to be renewed in accordance with the Law No. 2859 on Renewal of Land Registry and Cadastre Sheets, and in places subject to the provisions of the Law No. 2981 on Certain Procedures to be Applied to Buildings Contrary to the Zoning and Slum Legislation and the Law on Amending an Article of the Zoning Law No. 6785. .
11- PROCEDURE TO FILE A LAWSUIT AGAINST CADASTRE WORKS AND TRIAL
A) PERIOD TO FILE A LAWSUIT AND THE APPLICABLE COURT
Rights holders must file a lawsuit with the Cadastral Court within 30 days from the duly publication of the Cadastral Reports. In any case, this period is 10 years and is a period of loss of rights.
A) PERIOD TO FILE A LAWSUIT AND THE APPLICABLE COURT
Rights holders must file a lawsuit with the Cadastral Court within 30 days from the duly publication of the Cadastral Reports. In any case, this period is 10 years and is a period of loss of rights.
B) TRIAL PROCEDURE
Cadastral Law No. 3402 Article 28 – The cadastral judge opens a case file regarding the cases to be filed within the suspension period, the cadastral reports of the immovable properties to be entrusted to the court by the cadastral director, and the works transferred from the local law courts. Without waiting for the application of the relevant parties, it brings cadastral reports, records and other information that may be effective in resolving the dispute from the relevant offices. The judge notifies the parties of the hearing date ex officio in accordance with the provisions of the Notification Law.
Plaintiff real and legal persons are obliged to state the reasons and evidence of the lawsuit in their petitions. If this issue is not stated in the petition, the judge notifies the plaintiff by sending an invitation to state the reasons and evidence of the case. If the plaintiff does not submit the cause and evidence of the case through a petition or by attending the first hearing session, the judge decides to consider the case as not filed and to register it as a determination. This provision is clearly stated in the invitation.
The plaintiff is not bound by the objection reasons and evidence he made during the determination. If the case is deemed not to have been filed, the plaintiff reserves the right to re-file the case in local civil courts within the limitation period.
Trial procedure: Article 29 – A hearing is held in the cadastral court in the absence of the absent party. If neither party attends, the file will not be removed from the process. The judge examines the evidence that can be collected and decides on the matter in accordance with the provision of Article 30. An heir can file a lawsuit without the consent of the others and continue the lawsuit alone. A lawsuit can be filed against the heirs of the immovable property that is determined in the name of the registered owner by stating that he is dead because the heirs cannot be determined, by disclosing the name of the deceased and calling him his heirs. If it is understood during the lawsuit that the defendant died before the lawsuit, the lawsuit continues against his heirs. In cases where there is no clarity in the application of this Law, the simple trial procedure is applied.
Cadastral courts are not subject to judicial recess. Evidence and the judge’s discretion: Article 30 – Persons whose statements are referred to in the cadastral records are not heard again unless their statements are objected to with justification. However, if the judge sees a contradiction between the statement in the cadastral report and the evidence he collected during the hearing, he may re-hear the people whose statements are referred to in the report as witnesses in order to resolve this. If the owner cannot be determined from the contents of the minutes sent from the cadastral commissions and the files transferred from the local courts, or if it is understood that there are other heirs other than the heir who filed the lawsuit, the judge is obliged to decide in whose name the immovable property will be registered by collecting other evidence he deems necessary.
If it is understood that the immovable property belongs to a dead person and his heirs cannot be determined, a registration decision is made in the name of that person by writing that he is dead. In cases filed in the cadastral court, if the dispute is limited to a certain part of the immovable property, upon the request of the relevant parties and if the zoning legislation does not constitute an obstacle, the non-disputed part is divided and the case continues on the disputed part.
Written by: Lawyer İrem TANDOĞAR EKİNCİ