Objection To Registration – Decision On The Decision That The Sections Decided To Be Registered In The Name Of The Defendant Real Persons Are Not Considered As Forest
T.C. JUDICIARY
20th Civil Chamber
Basis: 2016/59
Decision: 2016/3001
Date of Decision: 09.03.2016
THE CASE OF OBJECTION TO THE REGISTRATION – THE PARTS DECIDED TO BE REGISTERED IN THE NAME OF THE DEFENDANT REAL PERSONS ARE NOT CONSIDERED FORESTS – THERE IS NO INJUSTICE IN ESTABLISHING A JUDGMENT BY DETERMINING THAT THE CONDITIONS FOR THE ACQUISITION OF IMMOVABLE PROPERTY HAVE BEEN MET
SUMMARY: As a result of the examination and research carried out by the expert forest expert based on the aerial photographs and the country map dated old and in accordance with the scope of the file and the reversal decision complied with by the court, it was understood that the parts of the disputed immovable properties subject to appeal and decided to be registered in the name of the defendant real persons were not considered as forests, and it was determined that the conditions for the acquisition of immovable property through acquisitive prescription of possession written in Article 14 of the Law No. 3402 for the benefit of the persons on whose behalf the registration decision was made were formed, and there was no objection to the establishment of a judgment.
(Article 713 of Law No. 4721) (Articles 14, 17 of Law No. 3402)
Case and Judgment: The Supreme Court review of the judgment established at the end of the hearing of the lawsuit between the parties was requested by the attorney of the defendant …, and after the acceptance of the appeal petition, which was understood to be in due time, the file was examined and considered:
The plaintiff … … filed a lawsuit with the petition dated 12.11.2009, stating that the forest cadastre made in the village of … in accordance with the provisions of Law No. 5304 amended by Law No. 3402 was partially announced, however; the areas shown as hatched on the forest cadastre map attached to the lawsuit petition were excluded from the forest boundaries, although they were considered as forests, and filed a lawsuit against … and the village legal entity with the request to include these areas within the forest boundaries and to register them in the name of … with forest quality. Later on, during the cadastral survey of the cultural lands, the determination minutes of the immovables subject to the lawsuit were prepared and sent to the court by leaving the owner section open, and the court included the persons whose names were written as possessor in the acquisition of the minutes in the lawsuit and formed the parties.
The plaintiff … … filed a petition dated 29.03.
With the petition dated 30.03.2010, the plaintiff … … claimed that the area of the parcel numbered 323 block 5, which was registered in his name, was incomplete and 280 m² of it was within the parcel numbered 324 block 4, which was registered in the name of the defendant … … … and requested the cancellation of the registration of 280 m² of the parcel numbered 324 block 4 and the registration of the parcel numbered 323 block 5 by adding it to the immovable property numbered 323 block 5.
… … and the lawsuit filed by the plaintiff … … were consolidated, the court dismissed the lawsuit filed by the plaintiff … …, accepted the lawsuits filed by the plaintiff … … and accepted the lawsuits filed by the plaintiff … … On the sketch attached to the report dated 06/12/2011, the 3421,92 m² and 43,81 m² sections shown with (A), 850,38 m² and 236,95 m² sections shown with (C) and (H) of the parcel numbered 271 block 20, 673,03 m² of parcel numbered 271 block 13 indicated with (E), 1482,27 m² of parcel numbered 271 block 19 indicated with (B) and 175,06 m² of parcel numbered 271 block 19 indicated with (I), 38,39 m² of parcel numbered 271 block 11 indicated with (D), 52,86 m² of parcel numbered 271 block 9 shown with (F), 1635,17 m² of parcel numbered 271 block 1 shown with (G), 787,86 m² of parcel numbered 271 block 2 shown with (H), 1855,83 m² of parcel numbered 271 block 3, 662,92 m² of parcel numbered 271 block 4 indicated with (I), 1095,73 m² of parcel numbered 271 block 5 indicated with (J), 3,02 m² of parcel numbered 271 block 6 indicated with (K), 1256 m² of parcel numbered 271 block 18 indicated with (A), 21 m² section, 2876,06 m² section shown with (C) of parcel numbered 271 block 10, 1528,31 m² section shown with (G) of parcel numbered 271 block 16, parcel numbered 271 block 17, 1727,30 m² section shown with (L) of parcel numbered 272 block 10, 1005,19 m² and 780,18 m² sections of parcel 306 block 89 indicated with (O), 382,46 m² section of parcel 306 block 92 indicated with (S), 554,90 m² section of parcel 306 block 80 indicated with (R), 3762, 63 m² area, 420,70 m² of the parcel numbered 305 block 1 shown with (A), 423,29 m² of the parcel numbered 305 block 14 shown with (B), 228,11 m² of the parcel numbered 305 block 13 shown with (C), 178,90 m² of parcel 305 block 12 indicated with (D), 2611,53 m² of parcel 305 block 9 indicated with (E), 1452,61 m² of parcel 304 block 4 indicated with (F), 23,12 m² of parcel 304 block 2 indicated with (G), 1335,90 m² of the parcel numbered 304 block 1 shown with (H), 43,73 m² of the parcel numbered 304 block 11 shown with (I), parcels numbered 303 blocks 1 and 2, 8,39 m² of the parcel numbered 315 block 6 shown with (A), 286 m² of the parcel numbered 323 block 4 shown with (A), 69 m² section, 777,44 m² and 13,81 m² sections shown with (B) and (F) of parcel numbered 323 block 5, 1542,72 m² section shown with (D) of parcel numbered 323 block 6, 795 m² section shown with (A) of parcel numbered 324 block 5, 30 m² section, 584,14 m² section shown with (A) of parcel numbered 325 block 8, 794,84 m² section shown with (C) of parcel numbered 325 block 7, 486,89 m² section shown with (E) of parcel numbered 325 block 6, 28,
188,97 m² of parcel numbered 377 block 6 indicated with (B), 55,11 m² of parcel numbered 377 block 5 indicated with (C), 911,91 m² of parcel numbered 377 block 7 indicated with (D), 1430,85 m² of parcel numbered 377 block 9, 377 block 8 parcel, 369 block 1, 2 and 3 parcels with an area of 2249,14 m², 2741,87 m² and 2495,65 m² respectively, 3715,12 m² of 372 block 3 parcel shown with (A), 372 block 1, 2 and 28 parcels with an area of 1919,39 m², 5115, 47 m² and 534,66 m², 13,30 m² of the parcel numbered 375 block 1 shown with (B), 1205,24 m² of the parcel numbered 467 block 1, road 11, road 12, road 13, road 3, road 15, road 14, the immovables named as road 16 and road 17 and the immovable named as stream 1 and the 144,89 m² road surrounded by OS 69,303044 and 303004 points to the west of the parcel numbered 303 block 2 and the parcel numbered 266 block 1 were included in the immovables mentioned in 60 rows of the judgment and were classified as forest … in the name of the title deed registrations,
1117,03 m² of the parcel numbered 271 block 21 (C1) in the name of … son … … and … son … … and … son … on behalf of … son …, 181,56 m² of parcel numbered 271 block 13 (E1) on behalf of … son … …, 617,22 m² of parcel numbered 271 block 19 (B1) on behalf of … son … … and … son … …, 565,90 m² of parcel numbered 271 block 11 (D1) on behalf of … daughter … … daughter … … on behalf of … …, 1604,12 m² of parcel numbered 271 block 9 (F1) on behalf of … son …, 115,42 m² of parcel numbered 271 block 4 (I1) on behalf of İbrahim son … … 2,06 m² and 586,37 m² of parcel no. 271, block no. 5 indicated with (J1) and (J2), respectively, in the name of … daughter … …, 2477,98 m² of parcel no. 271, block no. 6 indicated with (K1) in the name of … son … … 4078,31 m² of parcel no. 271, block no. 18 (B) in the name of … son … …, 756,95 m² of parcel no. 271, block no. 10 (D) and 305,37 m² of parcel no. 271, block no. 10 (E) in the name of … daughter … … … in the name of …, 6351,14 m² indicated with (G1) and 41,18 m² indicated with (G2) of the parcel numbered 271 block 16 in the name of …, 1019,57 m² indicated with (R1) of the parcel numbered 306 block 80 in the name of … … son of … … on behalf of … …, 1337,22 m² of parcel 304 block 11 numbered parcel (I1) as raw soil on behalf of …, 464,15 m² of parcel 315 block 6 numbered parcel (A1) as field on behalf of … son of … …, 300,50 m² of parcel 323 block 4 numbered parcel (A1) as field on behalf of … son of … …
In the name of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … Daughter … on behalf of … the 348,45 m² section of the parcel numbered 271 block 20 shown with (A1), the 44,30 m² section of the parcel numbered 271 block 1 shown with (G1), the 172,35 m² section of the parcel numbered 271 block 2 shown with (H1), the 1801,33 m² section of the parcel numbered 272 block 10 shown with (L1), 573,28 m² of parcel numbered 306 block 89 indicated with (N), 5392,95 m² of parcel numbered 306 block 92 indicated with (S1), 1583,23 m² of parcel numbered 305 block 1 indicated with (A1), 642,22 m² of parcel numbered 305 block 14 indicated with (B1), 383,383 m² of parcel numbered 305 block 13 indicated with (C1), 01 m² section, 264,15 m² section shown with (D1) of parcel numbered 305 block 12, 1907,67 m² section shown with (E1) of parcel numbered 305 block 9, parcels numbered 305 blocks 10, 11 and 15, 5419,31 m² section shown with (F1) of parcel numbered 304 block 4, 628.31 m² section shown with (G1) of parcel numbered 304 block 2, 88 m² section, 1963,78 m² section indicated with (H1) of parcel 304 block 1, parcel 304 block 3, parcel 315 block 1, 126,60 m² section indicated with (A1) of parcel 325 block 3, parcels 325 block 10 and 11, 1185,24 m² section indicated with (A1) of parcel 373 block 1,
Since there is no lawsuit regarding the 554,95 m² section shown with (D1) of the parcel numbered 377 block 7, the 2128,77 m² section shown with (A1) of the parcel numbered 372 block 3, and the section of the parcel numbered 375 block 1 outside the forest section, it was decided to return the determination report to the cadastral directorate for the completion of the ordinary cadastral procedures for filling in the type, amount and owner households, … The judgment was appealed on the grounds that it was decided to register the immovables that were decided to be registered in the name of individuals with the quality of forest, and the decision of the 20th Civil Chamber of the Court of Cassation dated 08/04/2013 and numbered … With the decision of the Civil Chamber dated 08/04/2013 and numbered … (C1) of parcel no. 271 block 21, (E1) of parcel no. 271 block 13, (B1) of parcel no. 271 block 19, (D1) of parcel no. 271 block 11, (F1) of parcel no. 271 block 9, 271 block 4 parcel (I1), 271 block 5 parcel (J1), 271 block 6 parcel (K1), 271 block 18 parcel (B), 271 block 10 parcel (D), Regarding the appeals regarding the sections marked (R1) of parcel no. 306 block 80, (A1) of parcel no. 315 block 6, (A1) of parcel no. 323 block 4, (C1) and (C) of parcel no. 323 block 5, (B) of parcel no. 324 block 5, (D) of parcel no. 325 block 7, (F) of parcel no. 325 block 6, (B1) of parcel no. 377 block 6 and (C1) of parcel no. 377 block 5; According to the scope of the file examined, the registration of the disputed immovables in the name of real persons, … The court decided to reject the petition of appeal regarding the disputed immovable immovable sections, since the parties of the case can apply to the legal remedy of appeal, since there is no lawsuit filed regarding these immovables or a participation in accordance with Article 26/D of the Law No. 3402, 271 block 20 parcel (A1), 271 block 1 parcel (G1), 271 block 2 parcel (H1), 272 block 10 parcel (L1), 306 block 89 parcel (N), 306 block 92 parcel (S1), 305 block 1 parcel (A1), 305 block 14 parcel (B1), 305 block 13 parcel (C1), 305 block 12 parcel (D1), 305 block 9 parcel (E1), 304 block 4 parcel (F1), 304 block 2 parcel (G1), 304 block 1 parcel (H1), 325 block 3 parcel (A1), The judgment was reversed by deciding to accept the appellate objections regarding the part of the parcel numbered 373 block 1 (A1), parcel numbered 377 block 7 (D1), parcel numbered 372 block 3 (A1), and parcel numbered 375 block 1 (375 block 1) outside the forest.
In summary in the reversal decision whose judgment was complied with; “The court; Immovables numbered parcels 1, 2 and 20 on block 271, block 272, block 10, block 306, parcels 89 and 92, block 305, parcels 1, 14, 13, 12 and 9, block 304, parcels 4, 2 and 1, block 325, parcel 3, block 373, parcel 1, parcel 377, parcel 7, parcel 372, parcel 3, parcel 375, parcel 1 are respectively (G1), (H1), (A1), ((L1), (N), (S1), (S1), (A1), (B1), (C1), (D1), (E1), (F1), (G1), (H1), (A1), (A1), (A1), (D1) and (A1), with respect to the part of the parcel numbered 375 block 1 which is not forest; the old dated country map, aerial photographs and, if any, the management plan should be brought from the relevant places, and in the examination and discovery to be made again by a forest engineer to be selected from among the forest engineers who are not currently working in the departments and affiliated units, and a science officer, in addition to the previous experts, it should be determined how the previous immovable is characterized in these documents by applying them to the contested immovable and the surrounding land; acquisition through possession for the benefit of the right holders (Article 713 of the Civil Code, Article 14 and 14 of the Law No. 3402). Article, Articles 14 and 17 of the Law No. 3402) to investigate whether the conditions are met or not”.
After the court complied with the reversal decision, the immovable properties subject to the lawsuit … village 272 block 10, 306 block 92, 89; 271 block 1 and 325 block 3 parcels with an area of 3528.63 m², 5775.41 m², 2358.65 m², 1679.47 m², 154.99 m², respectively, were registered and registered as forest title deeds in the name of …,
To register the 642,02 m² section shown with (B1) in the sketch attached to the report dated 06/12/2011 of the science expert … … … on the parcel numbered 305 block 14 in the village of … village, subject to the lawsuit, as raw soil, and the 423,29 m² section shown with (B) as forest, in the name of …,
To register the section of 911,91 m² shown with (D) in the sketch attached to the report dated 06/12/2011 of the science expert … … on the parcel numbered 377 block 7 in the village of … subject to the lawsuit as forest and the section of 554,95 m² shown with (D1) as raw soil in the name of …,
To register the 3421,92 m² section indicated with (A) and the 43,81 m² section indicated with the letter (J) in the sketch attached to the report dated 06/12/2011 of the science expert … … … in the name of … as forest and the 348,45 m² section indicated with (A1) in the name of … son of … as field,
To register the 787,56 m² section shown with (H) in the sketch attached to the report dated 06/12/2011 of the science expert … … in the name of … as forest and the 172,35 m² section shown with (H1) as field in the name of … son of … in the name of … in the parcel numbered 271 block 2 in the village of … subject to the lawsuit,
To register the 420,70 m² section shown with (A) in the sketch attached to the report dated 06/12/2011 of the science expert … … … in the name of … as forest, and the 1583,23 m² section shown with (A1) as field in the name of … son of … … in the title deed in the parcel numbered 305 block 1 in the village of … subject to the lawsuit,
To register the 228,11 m² section shown with (C) in the sketch attached to the report dated 06/12/2011 of the science expert … … … in the name of … as forest and the 383,01 m² section shown with (C1) as field in the name of … son of … in the name of … in the subject of the lawsuit … village 305 block 13 parcel,
To register the 178,90 m² section shown with (D) in the sketch attached to the report dated 06/12/2011 of the science expert … … … in the name of … as forest and the 264,15 m² section shown with (D1) as field in the name of … son of … in the name of … in the subject of the lawsuit … village 305 block 12 parcel,
To register the 2611,53 m² section shown with (E) in the sketch attached to the report dated 06/12/2011 of the science expert … … in the name of … as forest and the 1907,67 m² section shown with (E1) as field in the name of … son of … in the name of … in the subject of the lawsuit … village, parcel 305, block 9,
To register the 1335,90 m² section shown with (H) in the sketch attached to the report dated 06/12/2011 of the science expert … … in the name of … as forest, and the 1963,78 m² section shown with (H1) as field in the name of … son of … as land,
To register the 23,12 m² section shown with (G) in the sketch attached to the report dated 06/12/2011 of the science expert … … … in the name of … as forest, and the 628,88 m² section shown with (G1) as field in the name of … son of … in the name of … in the subject of the case … village, parcel 304, block 2,
To register the 1452,61 m² section shown with (F) in the sketch attached to the report dated 06/12/2011 of the science expert … … in the name of … as forest, and the 5419,31 m² section shown with (F1) as field and 2 masonry houses in the name of … son … in the title deed in the parcel numbered 304 block 4 in the village of … subject to the lawsuit,
To register and register the 756,78 m² section shown with (A) in the sketch attached to the report dated 06/12/2011 of the science expert … … in the name of … as forest and the 1185,24 m² section shown with (A1) as field in the name of … son of … in the name of … in the parcel numbered 373 block 1 in the village of … subject to the lawsuit,
To register the 13,30 m² section shown with (B) in the sketch attached to the report dated 06/12/2011 by the science expert … … in the name of … as forest and the 8818,29 m² section shown with (B1) as field in the name of … son of … in the name of … in the parcel numbered 375 block 1 in the village of … subject to the lawsuit,
It was decided to register the 3715,12 m² section shown with (A) in the sketch attached to the report dated 06/12/2011 of the science expert … … in the name of … as forest and the 2128,72 m² section shown with (A1) as field in the name of … daughter …, and the judgment was appealed by the defendant …..
According to the statement in the petition, the lawsuit is related to the objection to the forest cadastre and cadastral determination.
The forest cadastre in the location of the disputed immovables was carried out in accordance with the provisions of Article 4 of the Law No. 3402 amended by the Law No. 5304.
Conclusion As a result of the examination and research conducted by the expert forest expert in accordance with the scope of the file and the reversal decision complied with by the court and based on the aerial photographs and the country map dated old, it is understood that the parts of the disputed immovables subject to the appeal and decided to be registered in the name of the defendant real persons are not considered as forests, and that the persons in whose name the registration decision was made are subject to the 14th article of the Law No. 3402. Since there is no inconsistency in the establishment of a written judgment by determining that the conditions for the acquisition of immovable property through the acquisition of immovable property through acquisitive possession written in Article 14 of the Law No. 3402, it was unanimously decided on 09.03.2016 that the appeal objections, which were not deemed appropriate, were rejected and the judgment, which was in accordance with the procedure and law, was APPROVED, and that there was no need to charge a fee in accordance with the amended Article 13/j of the Law on Fees.