Talat ERDOGAN
Director General
Nihat SAHIN
Deputy Director General
1. GENERAL TASKS AND ORGANIZATION
The Directorate General of Land Registry and Cadastre which has 150 years background is responsible for;
The organization chart of Directorate General of Land Registry and Cadastre is shown at appendix 1.
The Organization under administration of Director General with its central organization constituted by 13 departments forming main service, control, supporting and advisory units has provincial organization which is constituted by 15 Regional Directorates and 1001 District Land Registry Directorships and 313 Cadastral Directorships under the supervision of Regional Directorates.
Owing to its importance in the state’s structure, its duties and its functions the Directorate General of Land Registry and Cadastre is an organization under the supervision of the Prime Ministry. The Directorate General has also responsibility towards the Prime Minister.
2. LEGAL PROCEDURE OF REAL PROPERTIES IN TURKEY
The authorities recognized and protected by law to persons are identified as right in our country.
One of the these main rights is also the ownership right. The property right covering person’s properties and relating to goods is protected by the Turkish Constitution.
According to this; ownership right is a kind of right in which the owner has the authority of using the subjected goods freely within the restrictions of law. Authority of using and getting benefits is only be restricted by public benefit. These restrictions are located in the public law when public benefit is essential and are located in the laws regulating these relations when private relations are subjected.
Bodies who has the ability of real property acquisition in Turkey;
The citizens of the Turkish Republic and non Turkish citizens if mutual relations established.
State, municipality, village, provincial administrations, public enterprises, commercial corporations, banks, associations, labor unions and foundations are defined as the legal entities.
Real property acquisition procedure by transferring is based on contracts aiming transfer of a real property from one person to another.
Main type of transferring methods like selling, donation, exchange and inheritance are may be mentioned. Preparation of the Real Property Transferring Contracts in accordance with laws is given to District Land Registry Directorships by article 26 of our Land Registry Law.
Essential real property acquisition procedure is the method which is realized without touching original owner’s real property right and not any type of contract.
In Turkey, lands, separate and permanent rights and separate units such as minerals, flats, bureaus and stores have been stated as real property.
In our country, one of the goods which are subject to real property ownership only "minerals" are under the rule and possession of the state. Other real properties are subjected to private ownership.
Alive and natural real persons have all rights beyond real property acquisition and usage right. Non Turkish citizens have real property acquisition right if mutual relations are established.
The means of mutuality is to recognize and to apply the same right mutually in its own country.
Public corporations in our country obtains their rights and powers from their constitutional law in accordance with the principles of Public Law.
The state is the great and the most important public corporation.
First group of the state’s real properties are the places that are under the rule and possession of the state. Ownerless places and properties which are in use of public benefit are accepted under the rule and possession of the state by The Turkish Civil Law. According to this rule, real properties such as rocky areas, hills, mountains, coasts, forests, pastures, roads, open spaces, graveyards are belong to the state and these properties are not registered principally.
Second of the state’s real properties is the real properties which under special ownership of the state.
These are the real properties allocated to public benefit like hospitals, schools, governmental office buildings, health units and the real properties allocated for non public benefit like agricultural lands, stores and business centers.
These real properties under state’s special ownership are registered in the registry books. The real properties allocated for public benefit are not subject to transfer to bodies unless their original structure are not changed. But transfer of the real properties allocated for non use of public benefit is possible. So, the state can transfer its real properties to other bodies if considered these real properties to be transferred.
Administrative boundary of every county has been accepted as a land registry region in Turkey. Objective of this definition is to establish a district Land Registry Directorship in that area. The District Land Registry Director has only been authorized to make all kind of contracts concerning real properties within his own region.
Real property ownership and separated ownership rights on real property are also registered on land registry books arranged separately for every zone and village.
On this, not only real property owner but also separated ownership rights on real property is registered on the registry book. Registered separate rights on land registry book are mortgage and easement rights and real property obligations. These rights are the kind of rights that they has been given to third person against its owners and they may be used freely or to be transferred to another person by selling. These rights are also maintained to every body.
3. CADASTRAL WORKS IN TURKEY
Aim
The aim of maintained cadastral works in our country is to determine both the legal and geometric position of all the real property . In this way, the modern land registration which is anticipated in Turkish Civil Code will be founded .
All cadastral works which is being maintained in order to establish modern Land registration system is done according to development plan and under responsibility of state .
History of modern cadastral work
After founding the republic of Turkey, General Directorate of Title Deed was established, in 1924. The first cadastral office was established by a law in this organization in 1925.
Modern Cadastral works are started by applying Title Deed Registration and Cadaster Code no 2613 in 1934. This Code was generally applied to determination and registration of real properties in city area. On the other Land, another Cadastre Code was came into force to complete Cadastral work of agricultural areas in 1950. Then This Code is updated and applied to real properties of villages in order to fulfill their cadastral maps and Land Registration.
In 1987, These codes are combined and only one Cadastral Code ( Number 3402) was came into force for the both area of City and Village. Now Cadastral works are being executed by using this code.
4. PROCEDURES OF CADASTRAL WORK
To indicate cadastral region and its announce
Cadastral region is an area in administrative border of central district of each province and, of other districts.
Cadastral region declerated by announcement before the start of Cadastral work.
To establish of working team
Cadastral working Team consists of two technician at least , head official of village or quarter and three expert witness.
To indicate working area
Each village in cadastral region and each quarter in municipality border is cadastral working area. Each village or quarter is declerated by announcement before cadastral work also. Then , during cadastral working area is being indicated , bordering sketch of the area is done.
To obtain documentation concerning real property
Some documentation such as maps and others which are useful to indicate real rights relating real property in the border of cadastral working area, are obtained from related organization and office.
Circumscription
Cadastral working area divided by blocks surrounded by natural or artificial border such as road, way, highway, railway, arc, creck , lake, sea.
Blocks consist of parcel heaps. Circumscription of parcel (real property ) is done by using documentation related with title deed and tax; information of Village’s head official and expert witnesses ,while owners are ready on the field.
Position of parcel is examined with its documentation and real right are indicated owner ship is drawn on a property sketch.
Measurement
All vertex point showed on property sketch are measured by using triangulation and polygon system.
Terrestrial and photogrammetric methods are used to produce maps of real properties.
Determination of ownership
After measurements and circumscription of parcel completed , property ownership is determined . Documentation such as tax and tittle deed information is useful to indicate and determine owner ship. Also cadaster directorship considers explanation of head official of village or quarter, and expert witnesses by using rules of the cadastral codes. While determination of ownership, minutes of real property is prepared. A minutes has information concerning property examinations and decisions.
Examination of exceptions
Anyone may object cadastral determination on legal or geometric position if he has some documentation while cadastral works. This objection is examined and put a decision by cadastral commission. Holder of right may object decision of cadastral commission . But this time he has a right go to the cadastral court in order to sue.
Announcement of cadastral result
Cadastral result are declared by announcement of one mount duration . Holder of right may go to the cadastral court to sue while one mount announcement if he object to final result of cadaster.
Final and registration
Cadaster directorship makes final judgment for cadastral determination on legal and geometric position if there is no objection during one mount announcement.
Cadastral minutes and maps are approved. Then land registry system is made up by approved minutes and registry books. Approved cadastral maps is to be base on application of border of real properties
The services on request
Owners concerning registered real property may request some services such as plan copy, application according to cost in price list .
Moreover, some maps which will be property map are controlled by cadaster directorate according to cost in price list too.
Renewing of cadastral maps
Some old Cadastral maps are to be inefficient of technical status. These maps are renewed by
Renewing Code. Renewing works include only technical works. Real rights can not be changed.
RESULTS OF TURKISH CADASTRAL AFFAIRS
Cadastral results of City Area (1997)
Unit is District
Total District : 8.397
Finished District : 7.855
Continued District : 145
Remained District : 397
Unit is kmē
Total Area : 38 000 kmē
Finished Area : 37 211 kmē
Remained Area : 789 kmē
Cadastral Results of Rural Area (1997)
Unit is Village
Total Village : 36 992
Finished : 23 739 % 64.17
Continued : 829
Remained : 12 424
Unit is kmē
Total Area : 380 000 kmē
Finished Area : 297 692 kmē
Remained Area : 82 308 kmē