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I. Country
Report |
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Contact person for provided information:  |
Address:
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Prof. Dr. Tahsin YOMRALIOGLU
Karadeniz Technical University |
KTU Jeodezi Muhendisligi Bolumu, GISLab
61080, Trabzon, TURKEY
Email: tahsin(at)jbsd.ktu.edu.tr
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| Information provided on 3
Nov. 2003 |
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A.
Country Context |
Turkey
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Geographical Context:
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The Republic of Turkey is located at a point where the three continents
making up the old world. Geographically, the country is located
in the northern half of the hemisphere at a point that is about
halfway between the equator and the North Pole, at a longitude
of 36 degrees N to 42 degrees N and latitude of 26 degrees E to
45 degrees E. Turkey is roughly rectangular in shape. The actual
area of Turkey inclusive of its lakes is 814,578 square kilometers,
of which 790,200 are located in Asia and 24,378 in Europe. Turkey
has a population 67.8 million (as of 2002 data). 66% of them live
in cities and towns. Istanbul, the most crowded city of Turkey,
has 15% of the total population of the country. In terms of population,
Turkey is the second largest country in Europe.
Turkey has 81 administrative provinces and seven geographical
regions. Turkey is generally divided into seven regions: the Black
Sea region, the Marmara region, the Aegean, the Mediterranean,
Central Anatolia, the East and Southeast Anatolia regions. The
uneven north Anatolian terrain running along the Black Sea resembles
a narrow but long belt. The land of this region is approximately
1/6 of Turkey's total land area. Although Turkey is situated in
a geographical location where climatic conditions are quite temperate,
the diverse nature of the landscape, and the existence in particular
of the mountains that run parallel to the coasts, results in significant
differences in climatic conditions from one region to the other.
Turkey is democratic, secular and social state governed by the
rule of law; committed to the nationalism of Atatürk and based
on the principle of the separation of powers; a) Legislative power:
The Turkish Grand National Assembly, b) Executive power: President
and the Council of Ministers, c) Judicial power: Independent courts
and supreme judiciary organs. 99% of the population is Muslim.
Turkey is the only country among Islamic countries, which has
included secularism in her Constitution and guarantees complete
freedom of worship to non-Muslims.
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The history of Turkey comes from the Seljuk and the Ottoman Empire.
The Turkish Republic was established in 1923, following the demise
of the Ottoman Empire. The Empire had been in a state of decline
for several centuries. Inability to keep up with industrial and
scientific developments, social and political unrest and wars
had sapped its strength. The First World War, in which the Ottoman
Empire took part on the losing side, signaled its end. As the
Empire crumbled, its Turkish nucleus rose up in a War of Liberation
against the invading powers and the Sultan's government. It was
successful and resulted in the Lausanne Peace Treaty of 24 July
1923, which established the international status and boundaries
of the new state. The Republic was declared on 29 October 1923.
Today Turkey is accepted as a moderately developed country. It
has signed a customs union agreement in 1995 with Europe for free
trade of goods and the government hopes to be a full member of
the European Union.
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Current Political and Administrative
Structures:
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Turkey is a republic established in 1923, and consists of 7 geographical
Regions and 81 provinces. The Republic of Turkey is a democratic,
secular and social State governed by the rule of law. The Turkish
State, with its territory and nation, is an indivisible entity.
The official language of the Turkish State is Turkish and its
capital is Ankara. Sovereignty is vested in the nation without
reservation or condition and the nation exercises its sovereignty
through the authorized organs as prescribed by the principles
laid down in the Constitution.
Local administration is the system of administration established
to meet the common needs of the people living in a specific region
and managed by bodies elected by these people. Local administrative
agencies are authorized by the central government agencies to
introduce rules and meet financial obligations on matters related
to the region. Municipalities, provincial local governments and
villages are the three types of local administration operating
in Turkey.
During the Republican period, a special system was adopted for
Ankara in 1924. Later on, the law of April 3, 1930, based on the
French system, prescribed in detail the organization and functions
of the municipalities. The governor, the representative of the
central administration, is also the head of the provincial local
government and its chief executive. The governor usually acts
in line with the decisions made by the provincial general assembly.
All municipalities are public corporate entities. Municipal organizations
must be set up in all provincial and district centers. Municipalities
are required to meet the common regional and civic needs of the
region and the regional populace. Municipal administration comprises
an assembly, a council, and a mayor.
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Historical Outline of Cadastral
System:
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The past of the land registration organization in Turkey goes
back to 150 years ago. The first Land Registration Organization
was established in 1847 to perform transactions concerning real
estates. This organization lasted when the Republic of Turkey
is founded. The first established records have been intended for
only property and land registry transactions. No works have been
done concerning maps, establishing and updating cadastral surveys
during that period.
After the Republic of Turkey was founded, establishing an independent
Land Registration organization was given importance on, because
this matter required special experience and its scope was broad.
For this reason, the General Directorate of Title Deed was founded
in 1924. The first cadastral office was established by a law in
this organization in 1925. Modern cadastral works were started
by applying Land Registry and Cadastre Law numbered 2613 in 1934.
This Law was generally applied to determination and registration
of real properties in city areas. On the other hand, another Cadastre
Law numbered 5602 was came into force to complete cadastral work
of agricultural areas in 1950. Then this law is updated and applied
to real properties of villages in order to fulfill their cadastral
maps and land registration. In 1987, these laws are combined and
only one Cadastral Law numbered 3402 was put into force for the
both area of City and Village. Today, cadastral works are being
executed by using this Law.
In Turkey, the property right covering person's properties and
relating to goods is protected by the Turkish Constitution. According
to this; ownership right is a kind of right in which the owner
has the authority of using the subjected goods freely within the
restrictions of law. Authority of using and getting benefits is
only be restricted by public benefit. These restrictions are located
in the public law when public benefit is essential and are located
in the laws regulating these relations when private relations
are subjected. Therefore, cadastre is compulsory which carry out
by the General Directorate of Land Registry and Cadastre that
has central, regional and local branches entire the country. The
Directorate General of Land Registry and Cadastre is responsible
for;
- To make any type of contracts and registers related to real
properties,
- To follow changing onto registries, to control, to protect
and to maintain properly the land registries which are under
the responsibility of the state,
- To indicate the real properties onto plans by establishing
national cadastre.
- To determine and to follow applications of principles which
are coordinating and developing land registry and cadastre and
mapping services related with land registry and cadastre.
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B.
Institutional Framework |
Turkey
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Government Organizations:
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In Turkey, the General Directorate of Land Registry and Cadastre,
which is under the Ministry of Construction, is authorized to
regulate the basis of rules of cadastral surveying and mapping
affairs. The Land Registry and Cadastre has been making large-scale
maps in the scale of 1/5000, 1/2000, 1/1000, 1/500. Also the mapping
department of Provincial Bank is recognized as another organization
which is making topographic maps at scale of 1/1000 for some of
the needs of the municipalities. Each organization has their own
archives in graphical forms (maps) but only a very limited amount
is in digital form.
The Organization under administration of Director General with
its central organization constituted by 13 departments forming
main service, control, supporting and advisory units has provincial
organization which is constituted by 15 Regional Directorates
and 1001 District Land Registry Directorships and 313 Cadastral
Directorships under the supervision of Regional Directorates.
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Private Sector Involvement:
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There is no private sector involvement in land registration and
in first cadastral surveying works. However, private sector can
involve in some land parcel based works (local subdivision, land
readjustment, consolidation, etc) after the first cadastral surveying
only.
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Professional Organization or
Association:
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The Directorate of Land Registry and Cadastre is responsible for
all tasks related to land registry and cadastre. There are 14,000
persons employed in Directorate General and 5,500 of these staff
are employed in the Land Registry activities and 8,500 of are
employed in the cadastral activities. 1055 Land Registry Offices,
spread out all the provinces and sub-provinces throughout the
country, are tasked to perform contract and registration transactions
concerning all real estates, to keep land registry books regularly
and the government will be responsible for all the damages arisen
from keeping such registers according to Article 917 of the Civil
Law.
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There is no individual licensing system in Turkey but there are
two necessities for cadastral surveying professionals working
in the cadastral system. One of them is graduate degree of 'Department
of Geodesy and Photogrammetry Engineering' (4-year bachelor degree)
the other one is to became a membership of Turkish Chamber of
Surveying Engineers.
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There are two main education categories for cadastral surveying
professionals in Turkey. Under the 7 (seven) universities, Department
of Geodesy and Photogrammetry Engineering (offering 4-years bachelor
degree) is the main education part. About 500 graduates totally
finish their studies annually. The other education body is College
of Map Cadastre (2-years education). These colleges are under
24 universities and about 2000 students finish their studies annually.
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C. Cadastral System |
Turkey
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Purpose of Cadastral System:
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Turkish cadastral systems based on the legal system. But land
taxation is also one of the purposes the system. The cadastre
in Turkey is to keep public registers for real estates, to make
and update cadastral registers and maps, to assist land related
projects and to make large scale topographical base map of the
Turkey. From this context the cadastre has also multipurpose role,
especially providing information for local land planning and development
activities too.
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Types of Cadastral Systems:
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In Turkey, the cadastre covers both urban and rural areas entirely.
Demarcation of forest areas are realized by Forest Cadastre Commission
only. Both private and state land ownership is been in land. On
the other hand, there are a lot of problems with informal or illegal
settlements. Especially in big cities and the areas where the
state land ownerships are been intensively, informal or illegal
settlements could be arisen to 50%.
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The main unit is a land parcel and a registration book which linked
by a unique land parcel ID. Each village in cadastral region and
each quarter in municipality border is cadastral working area.
Cadastral working area divided by blocks surrounded by natural
or artificial border such as road, way, highway, railway, arc,
lake, sea. After measurements and circumscription of parcel completed,
property ownership is determined. Documentation such as tax and
title deed information is useful to indicate and determine owner
ship. Also cadastre directorship considers explanation of head
official of village or quarter, and expert witnesses by using
rules of the cadastral codes. While determination of ownership,
minutes of real property is prepared. All parcels boundaries are
surveyed and systematically identified by means of separate designation
on a large scale maps, forming a unit together with the related
registers. These registers conveniently show for each property
the legal situation of every right in reality and also relevant
data with regard to the nature, accurate location and size of
property. The area, type and owner of a real estate property are
shown in the land registry books as well as rights and liabilities
concerning the relevant real estate property such as servitude,
mortgage and other explanations. So, the purpose of cadastre is
to establish ownership rights in land and to make cadastral maps
according to the provision of the Turkish Civil Law. As a result
of such works, the geometric positions and legal status of the
plots are determined.
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Content of Cadastral System:
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It is a parcel registrations system which based on boundary surveying
process on the field. All legal rights which parcel has including
landowners information are registered on the registration book
under the given parcel ID. There are great efforts to digitize
land registry and cadastral information since year 2000. In addition,
all cadastral measurements have been digitally collected with
(X, Y) coordinates since 1987. Digital data collected from land
directly transferred to the digital environment and after the
edit process based on measure sketch they are plotted out with
plotter. Up to now each Land Registry office is individually trying
to computerize their land registration books' information. It
would be said that most of the land titling information has been
computerized in Turkey.
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D. Cadastral Mapping |
Turkey
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Cadastral Map:
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Cadastral maps consist of graphical features (parcels boundaries,
polygons, landmarks, etc.), parcel ID, coordinate tics, text for
some features (street names, etc.) and sheet related information
(pafta index, approving the sheet, etc.).
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Example of a Cadastral Map:
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Role of Cadastral Layer in SDI:
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Land Information System initiatives are new studies in Turkey.
There is no one responsible institution at national level. However,
there are Urban Information System studies in some municipalities
that cover land information system studies partially. Therefore,
cadastral maps are mostly required by municipalities in order
to implement local zoning plans and establish an urban information
system only.
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Cadastral Issues:
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1. Land registry and cadastral information largely are not in
digital form that can serve to other institutions.
2. Some non-coordinated graphical cadastral sheets completed
before cannot be transformed to the today's requirements (in digital
environment and coordinated).
3. There is no urban infrastructure map related with cadastral
map largely. There is a third dimension (Z coordinate) measurement
in legislation but not in practical.
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1. Turkish Land Registry and Cadastre Information System (TAKBIS)
project has been started in 1999. Some of the purposes of this
project are:
- Providing reliable land information required for land and
land-related activities and decision makers.
- Within the frame of the determined requirements, by taking
advantage of the principles and possibilities of an Integrated
Information System, planning, conducting and managing the activities
of the General Directorate of Land Registry and Cadastre (TKGM)
more properly more quickly, more reliably and more effectively.
- Regulating such activities in accordance to the principles
of Geographical Information System and Land Information System,
in frame of standards of OPENGIS Consortium.
- Transferring land register records and cadastral maps to
a digital environment and to a database, modeled and created
according to the requirements of TAKBIS.
- Maintaining information updated and re-evaluating them within
the scope of information technologies and offering them to the
use of central and provincial units of the TKGM and other public
organizations.
- Providing a possibility to transform land registry and cadastral
information into a Multipurpose Land Information Systems, through
the use of such information by relevant organizations.
2. Because of the information system requirements, necessity
of resolution of the non-coordinated graphical cadastral sheets
has come to order. So, there are two ways to realize it:
- Revision of the property system where the non-coordinated
graphical cadastral sheets was done via land readjustment.
- The second cadastre studies for the purpose of renovation
of these sheets in these areas.
3. In big cities, infrastructure measurements have been started
in supervision of Infrastructure Coordination Center called AYKOME.
- Some services are provided to promote the cadastral survey.
- Some municipalities try to share the information of cadastral
survey results including new survey in the municipal office
by using GIS.
- It is necessary to promote the reasonable plan and carry
out the cadastral survey properly.
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