… MAGISTRATE OF THE MAGISTRATE’S COURT
PROSECUTOR :
TC IDENTIFICATION NUMBER :
ADDRESS :
ATTORNEY :
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT: The establishment of an easement on the water well on the main immovable property includes our request.
INSTRUCTIONS :
1 -) Immovable property….. the numbered parcel is your client’s muris and …. the numbered parcel is also registered in the name of the defendant’s muri, and on the date of / … / … a water well was drilled and an electrical installation was made by covering the costs of the real estate equally to the joint border. (OCTOBER-1) (OCTOBER-2)
2 -) 756 of the Turkish Civil Code No. 4721. according to the article; Resources are an integral part of the land, and their ownership can only be acquired together with the ownership of the land where they originate. The right to resources located on someone else’s land is established by registration on the land registry as an easement right.
3 -) At the time of the determination made by us on the date of…/…/…, (October-3) belonging to the client muri of the water well …. as a result, it was found that it remained in the numbered parcel.
4-) where the parties held in common between the Wells and the installation of the issue that is fixed with witness statements, the court and in your presence we want to rest our petition in the appendix (Appendix 4) that we offer is located on the witness list the names and addresses, will clarify our statements of witnesses.
5 -) For the reasons explained above; After determining that the right to use water resources from the water well belongs to the plaintiff client as of 1/2 share, the obligation has arisen to apply to your Court for an easement facility in favor of the parcel numbered … belonging to the client’s property on the well.
LEGAL REASONS : 6100 P. K. m. 4, 12, 240, 266, 288 , 4721 P. K. m. 756
LEGAL EVIDENCE :
1-) Land registry records
2 -) A document dated … / … / … that a water well has been drilled
3 -) … / … / … the minutes of detection dated
4 -) Witness statements
5 -) Exploration and Expert review
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request by proxy on behalf of our client that the easement facility on the well located on the parcel be decided to transfer the trial costs and the power of attorney fee to the opposite party. …/ …/ …
ATTACHMENTS: 1-Land registry october
2-Document dated … / … / … that a water well has been drilled
3-the minutes of detection dated / … / / …
4-The names and addresses of the witnesses and the topics they will testify about
the following is a list of witnesses,
5-An example of an approved power of attorney.
Acting Plaintiff
