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TOPÇU AND OTHERS v. TURKEY
Doc ref: 24320/11 • ECHR ID: 001-189310
Document date: December 13, 2018
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TOPÇU AND OTHERS v. TURKEY
Doc ref: 24320/11 • ECHR ID: 001-189310
Document date: December 13, 2018
Cited paragraphs only
Communicated on 13 December 2018
SECOND SECTION
Application no. 24320/11 Nurettin TOPÇU and others against Turkey lodged on 10 January 2011
SUBJECT MATTER OF THE CASE
The application concerns a dispute between the applicants and the Treasury concerning some plots of land which were subjected to two different cadastral surveys in 1958 and 1973, respectively. Although the lands at issue were registered in the name of the Treasury following the first cadastral survey, they were registered in the name of the applicants following the second cadastral survey as they had title deeds.
Upon a correction request from the land registry, the lands ’ ownership was modified according to the first cadastral results, which gave rise to the annulment of some of the applicants ’ title deeds by the land registry commission in 1977. The applicants ’ case for the restitution of their title deeds was accepted by the cadastral court in 1980, on the grounds that the land registry commission had had no-competency to cancel or modify the final result of the cadastral survey.
In 2002, relying on the first cadastral results, the land registry examined of its own motion the registrations concerning the lands at issue and cancelled the applicants ’ title deeds considering that they violated the first cadastral results. The applicants objected to that decision, but their case was dismissed by the courts which found that in case of several cadastral surveys concerning the same land only the first survey would be taken into account.
Invoking Article 1 of Protocol No. 1 to the Convention, the applicants complain that they had been unlawfully deprived of their property.
QUESTIONS tO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
In particular, did an action based on Article 1007 of the Civil Code constitute an effective remedy? If so, what was the time-limit for such an action and when did it start to run in the applicants ’ cases?
The Government are invited to submit examples of judicial decisions rendered in comparable situations and showing the effectiveness of this remedy.
2. In view of the applicants ’ title deeds relied on during the second cadastral survey; did the applicants have a property within the meaning of Article 1 of Protocol No. 1 to the Convention? If so, in the light of the conclusions reached in Anna Popova v. Russia (no. 59391/12, 4 October 2016) and Gladysheva v. Russia (no. 7097/10, 6 December 2011), did the registration of the applicants ’ lands as the property of the Treasury constitute a violation of applicants ’ right to peaceful enjoyment of their possession within the meaning of the same provision?
APPENDIX
No.
First name Last name
Birth year
Nationality
Place of residence
Representative
Nurettin TOPÇU
1947Turkish
TekirdaÄŸ
H. Nalbant Tekin
Şerafettin AKÇA
1961Turkish
TekirdaÄŸ
H. Nalbant Tekin
Zühal ARAT
1977Turkish
TekirdaÄŸ
H. Nalbant Tekin
Nihal BÄ°NNAZ (KAHRAMAN)
1958Turkish
TekirdaÄŸ
H. Nalbant Tekin
Gülay BOZAYI (KAHRAMAN)
1963Turkish
TekirdaÄŸ
H. Nalbant Tekin
Sibel CAN (BÄ°NNAZ)
1980Turkish
TekirdaÄŸ
H. Nalbant Tekin
Binnur DAÄžDELEN
1964Turkish
TekirdaÄŸ
H. Nalbant Tekin
Ä°smail DAÄžDELEN
1953Turkish
TekirdaÄŸ
H. Nalbant Tekin
Åžirin DÄ°KKAÅž
1965Turkish
TekirdaÄŸ
H. Nalbant Tekin
Necla ERDURAN (KAHRAMAN)
1958Turkish
TekirdaÄŸ
H. Nalbant Tekin
Hamiyet ERGÃœN
1954Turkish
TekirdaÄŸ
H. Nalbant Tekin
Ä°smet ERGÃœN
1947Turkish
TekirdaÄŸ
H. Nalbant Tekin
Mehmet Emin GÖKÇE
1941Turkish
TekirdaÄŸ
H. Nalbant Tekin
Ayşe GÖRGÜN
1973Turkish
TekirdaÄŸ
H. Nalbant Tekin
Rahim GÖRGÜN
1938Turkish
TekirdaÄŸ
H. Nalbant Tekin
Eray KAHRAMAN
1973Turkish
TekirdaÄŸ
H. Nalbant Tekin
Hüsniye KAHRAMAN
1936Turkish
TekirdaÄŸ
H. Nalbant Tekin
Fatma ÖZEN
1942Turkish
TekirdaÄŸ
H. Nalbant Tekin
Aynur ÖZTÜRK
1962Turkish
TekirdaÄŸ
H. Nalbant Tekin
Emel SENBÄ°L
1972Turkish
TekirdaÄŸ
H. Nalbant Tekin
Meral SEVER (KAHRAMAN)
1970Turkish
TekirdaÄŸ
H. Nalbant Tekin
Erdinç SEVİM
1970Turkish
TekirdaÄŸ
H. Nalbant Tekin
EÅŸref SEVÄ°M
1966Turkish
TekirdaÄŸ
H. Nalbant Tekin
Mukadder SEVÄ°M
1947Turkish
TekirdaÄŸ
H. Nalbant Tekin
Hüsamettin TOPÇU
1956Turkish
TekirdaÄŸ
H. Nalbant Tekin
AyÅŸe YAMAN (KAHRAMAN)
1966Turkish
TekirdaÄŸ
H. Nalbant Tekin
Mustafa YILMAZ
1930Turkish
Çorlu
H. Nalbant Tekin
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