Petition For The Establishment Of Easement Rights On The Water Well On The Main Immovable Property
TO THE JUDGE OF THE … MAGISTRATE LAW COURT
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
LEGAL REPRESENTATIVES :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT : It includes our request to establish an easement right over the water well on the main immovable.
EXPLANATIONS :
1-) The parcel numbered …. of the immovable property is registered in the name of the client’s muris and the parcel numbered …. is registered in the name of the defendant’s muris, and on …/…/… date, a water well was drilled and electrical installation was made at the common border of the immovables at equal expense. (ANNEX-1) (ANNEX-2)
2-) Pursuant to Article 756 of the Turkish Civil Code No. 4721; Resources are an integral part of the land and their ownership can only be acquired together with the ownership of the land from which they originate. The right on the resources located on someone else’s land is established by registration in the land registry as an easement right.
3-) During the determination made by us on …/…/…/…, it was concluded that the water well (ANNEX-3) was located within the parcel numbered …., which belonged to the client’s grandfather.
4-) It is also fixed with the witness statements that the drilling well and its installation were made jointly between the parties, and this issue will be clarified with the statements of our witnesses whose names and addresses are included in the witness list, which we request to be heard before your court and which we have submitted in the annex of our petition (ANNEX-4).
5-) For the reasons we have explained above; it has become necessary to apply to your Court for the determination that the right to use the water source belongs to the plaintiff client as 1/2 share from the water well and to establish an easement right on the well in favor of the parcel numbered …, which belongs to the client’s grandfather.
LEGAL GROUNDS : 6100 S. Code Art. 4, 12, 240, 266, 288, 4721 S. Code Art. 756
LEGAL EVIDENCES :
1-) Title deed records
2-) A document dated …/…/…/…dated …/…/…indicating that a water well has been drilled
3-) Detection report dated …/…/…/…
4-) Witness statements
5-) Discovery and expert examination
CONCLUSION AND REQUEST : For the reasons we have explained above, we respectfully request on behalf of our client that it be decided to establish an easement right over the well on the … parcel, and that the judicial expenses and attorney fees be charged to the other party. …/ …/ …
ANNEXES 1- Title deed records
2- A document dated …/…/…/…dated …/…/…indicating that a water well has been drilled
3- Detection report dated …/…/…
4- Names and addresses of the witnesses and the subjects they will testify about
a list of witnesses,
5- One approved power of attorney sample.
Plaintiff Attorney
…………………