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
1947
Turkish
Tekirdağ
H. Nalbant Tekin
Şerafettin AKÇA
1961
Turkish
Tekirdağ
H. Nalbant Tekin
Zühal ARAT
1977
Turkish
Tekirdağ
H. Nalbant Tekin
Nihal BİNNAZ (KAHRAMAN)
1958
Turkish
Tekirdağ
H. Nalbant Tekin
Gülay BOZAYI (KAHRAMAN)
1963
Turkish
Tekirdağ
H. Nalbant Tekin
Sibel CAN (BİNNAZ)
1980
Turkish
Tekirdağ
H. Nalbant Tekin
Binnur DAĞDELEN
1964
Turkish
Tekirdağ
H. Nalbant Tekin
İsmail DAĞDELEN
1953
Turkish
Tekirdağ
H. Nalbant Tekin
Şirin DİKKAŞ
1965
Turkish
Tekirdağ
H. Nalbant Tekin
Necla ERDURAN (KAHRAMAN)
1958
Turkish
Tekirdağ
H. Nalbant Tekin
Hamiyet ERGÜN
1954
Turkish
Tekirdağ
H. Nalbant Tekin
İsmet ERGÜN
1947
Turkish
Tekirdağ
H. Nalbant Tekin
Mehmet Emin GÖKÇE
1941
Turkish
Tekirdağ
H. Nalbant Tekin
Ayşe GÖRGÜN
1973
Turkish
Tekirdağ
H. Nalbant Tekin
Rahim GÖRGÜN
1938
Turkish
Tekirdağ
H. Nalbant Tekin
Eray KAHRAMAN
1973
Turkish
Tekirdağ
H. Nalbant Tekin
Hüsniye KAHRAMAN
1936
Turkish
Tekirdağ
H. Nalbant Tekin
Fatma ÖZEN
1942
Turkish
Tekirdağ
H. Nalbant Tekin
Aynur ÖZTÜRK
1962
Turkish
Tekirdağ
H. Nalbant Tekin
Emel SENBİL
1972
Turkish
Tekirdağ
H. Nalbant Tekin
Meral SEVER (KAHRAMAN)
1970
Turkish
Tekirdağ
H. Nalbant Tekin
Erdinç SEVİM
1970
Turkish
Tekirdağ
H. Nalbant Tekin
Eşref SEVİM
1966
Turkish
Tekirdağ
H. Nalbant Tekin
Mukadder SEVİM
1947
Turkish
Tekirdağ
H. Nalbant Tekin
Hüsamettin TOPÇU
1956
Turkish
Tekirdağ
H. Nalbant Tekin
Ayşe YAMAN (KAHRAMAN)
1966
Turkish
Tekirdağ
H. Nalbant Tekin
Mustafa YILMAZ
1930
Turkish
Çorlu
H. Nalbant Tekin
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