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ÖZDEMIR v. TURKEY

Doc ref: 49523/11 • ECHR ID: 001-188508

Document date: November 22, 2018

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ÖZDEMIR v. TURKEY

Doc ref: 49523/11 • ECHR ID: 001-188508

Document date: November 22, 2018

Cited paragraphs only

Communicated on 22 November 2018

SECOND SECTION

Application no. 49523/11 Bayrakdar ÖZDEMİ R against Turkey lodged on 2 May 2011

SUBJECT MATTER OF THE CASE

The application concerns the refusal of the applicant ’ s compensation request for the loss of his property purchased from a certain person in the land registry, as a result of a court ’ s order which ruled that the land at issue could not be subject to private ownership. The applicant alleges that he relied on the land registry records in which there were no restrictions or annotation on the title deed during the sale contract before the land registry.

The applicant complains that the refusal of his case has violated his right to property under Article 1 of Protocol No. 1

QUESTION tO THE PARTIES

In the light of the Court ’s judgment of G ürtaş Yapı Ticaret ve Pazarlama A. Ş. v. Turkey , (no. 40896/05, 7 July 2015), has there been a violation of the applicant ’ s right to peaceful enjoyment of his possession due to the refusal of compensation for the annulment of his land ’ s title deed? In particular, did such deprivation impose an excessive individual burden on the applicant?

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