Tescil dışı alanların arsa düzenlemelerinde değerlendirilmesi

Abstract

The areas described as "un-owned" in 715th article of the Turkish Civil Code (TMK) are excluded from registration and restriction in accordance with 16th article of the Cadastre Law, and if they are subject to registration, they are required to be registered by administrative means in accordance with 22nd article of the Cadastre Law. While non-registered areas are also encountered in the Land Readjustment’s article (18th) in the Zoning Law numbered 3194, in the regulation dated 2020 (LR Regulation), it is stated that non-registered areas are registered in the name of the Treasury, and the principles of their arrangement are defined. Moreover, the necessary condition for the registration of non-registered places is the existence of real rights according to 999th article of the Civil Code and the circular numbered 2013/11 of the General Directorate of Land Registry and Cadastre (TKGM) in which it is considered as being included in the zoning plan provides the registration-inducing real right provision. However, the source of real rights is not the existence of the zoning plan, but the decisions brought by the zoning plan, which is the regulatory action. In this case, the form of registration differs significantly. In this article it was aimed to discuss the opinions of TKGM2013/11 circular and to define the concepts correctly, and an approach based on main idea was developed. Besides, evaluation of the non-registered areas in land readjustments according to LR Regulation is also included in the article.