Information Note on the Court’s case-law 68

October 2004

N.A. and Others v. Turkey (dec.) - 37451/97

Decision 14.10.2004 [Section III]

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Deprivation of property

Absence of compensation following annulment of a title to property and the demolition of the building erected on the property with appropriate permits: admissible

The applicants had inherited a plot of land which was included on the land register, for which they paid duties and taxes in due form. They began construction work on a hotel complex after obtaining the necessary administrative permits. While the work was being carried out, the State T reasury applied for cancellation of their property title and demolition of the building. It was successful: the applicants’ land, situated on the sea sand, was part of the sea coast and consequently, in accordance with the Constitution, could not belong to private individuals. The applicants requested compensation for the financial losses sustained as a result of the loss of their property title and demolition of the hotel. Their application was dismissed. The courts pointed out that the coasts were State p roperty; the applicants had been able to observe for themselves that their plot was situated on the sand. In addition, as the land was situated on State property, its inclusion in the land register under the applicants’ names was held to be unlawful ab ini tio . For those reasons, the applicants had no right to any form of compensation. The applicants complained before the Court about the lack of compensation.

Admissible under Article 1 of Protocol No. 1, after rejection of the objections raised by the respo ndent Government.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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