TO THE DUTY PRIMARY CIVIL COURT
OF ANKARA

PLAINTIFF: E.Ö. (Turkish Identity Number: 00000000000) – Atapark Mah. 123. Sk. No: 18/6 Çankaya/ANKARA
REPRESENTATIVE: Attorney Mert DEMİR (Ankara Bar Association, Registration No: …) – Söğütözü Mah. 1450. Cd. No: 10/7 Çankaya/ANKARA
DEFENDANT: Delta Endüstri Makina San. ve Tic. A.Ş. – OSTİM OSB 1207. Sk. No: 22 Yenimahalle/ANKARA

SUBJECT: Our lawsuit concerns the prevention of the defendant's unlawful encroachment on our client's property through illegal construction and boundary violations; the demolition/restoration to its original state of the encroaching parts and additions ; the recovery of compensation for unlawful occupation for the period up to now, as well as court costs and attorney's fees from the defendant; and also our requests for interim measures and registration of a note in the land registry .

VALUE OF THE CLAIM: 240,000.00 TL (currently 12 months x 20,000.00 TL compensation; our rights regarding any excess amount are reserved).

EXPLANATIONS

1. Property and Boundary Relationship : The client owns the immovable property located in Ankara Province, Gölbaşı District, Karşıyaka Neighborhood, parcel number 312, plot 11, with an area of ​​1,040 m² (title deed attached). The defendant company has established a construction machinery manufacturing facility on the adjacent parcel number 312, plot 10 .
   

2. Encroachment and Unlawful Land Use : The defendant violated the plot boundary while constructing the factory building ; the foundation/wall and canopy extended approximately 110 m² onto the client's plot . This situation has been determined through cadastral maps, application sketches, satellite images, and technical measurements . The client requested the rectification of the boundary violation with a notice dated 05/03/2025 and numbered 11234 from Ankara 18th Notary Public ; the defendant did not respond , and the interference continued .
   

3. Unlawful Use and Compensation for Unlawful Use: The defendant has been unlawfully using 110 m² of our client's property since June 1, 2024 (for 12 months currently) . Based on comparable industrial rental rates in the area, a reasonable monthly compensation of 20,000.00 TL exists. Therefore, we request the collection of 240,000.00 TL in compensation for unlawful use, along with legal interest accruing from the date of this lawsuit . (Our rights to claim further amounts and to increase our demands as the period increases are reserved.)
   

4. Legal classification

• Article 683 of the Turkish Civil Code , the owner the prevention of any interference and compensation for unlawful occupation .

• The specific case falls under Article 725 of the Turkish Civil Code due to the defendant's encroaching structure . The defendant is not acting in good faith as they continued the encroachment despite the clearly defined parcel boundaries and a notarized warning ; therefore, our primary demand is demolition and restoration to the original state .

• If your court concludes that the defendant acted in good faith (this is a secondary claim, not an admission of guilt), it may also consider ordering the establishment of an easement/compensation for a reasonable price

5. The precautionary measure and the annotation in the land registry
   are ongoing. The continuation of construction/manufacturing activities is increasing and leading to consequences that are difficult to remedy. Therefore, Articles 389 et seq. Procedure;

   • The defendant is prohibited from using the encroaching portion of the property until the end of the trial , and all construction work in that area is ordered to cease .

   • A precautionary measure annotation should be placed on the title deeds regarding the parcels in question .

   • (Taking into account the plaintiff's economic situation) we request that no security deposit be required , or that a decision be made to grant a precautionary measure with a nominal security deposit deemed appropriate
     

LEGAL GROUNDS

Articles 683, 719-730, 725 of the Turkish Civil Code No. 4721 ; Articles 31, 190, 389-397 of the Turkish Code of Civil Procedure No. 6100 ; relevant provisions of the Turkish Code of Obligations No. 6098 ; relevant regulations and established case law

EVIDENCE

1. Land registry records, cadastral maps and sketches, parcel inquiry printouts,

2. Expert examination by a forensic expert, on-site inspection and implementation sketch,

3. Satellite/visual records, municipal permit/occupancy certificate file (submission),

4. Notary notice (05/03/2025 – daily entry number 11234) and service receipts,

5. Comparable rental price research and expert report.

6. Witnesses:

   • ST – Karşıyaka Neighborhood, Gölbaşı/Ankara

   • HK – Karşıyaka Neighborhood, Gölbaşı/Ankara

7. All necessary legal evidence.
   The right to collect and expand evidence is reserved.

CONCLUSION AND REQUEST

For the reasons explained above;

1. To prevent the defendant from unlawfully encroaching on the client's property (prohibition of interference) ,

2. The defendant's encroaching structure , including the foundation, wall, veranda, and extensions, that extends onto the client's plot must be demolished and restored to its original state.

3. For now, we demand the collection of 240,000.00 TL in compensation for unlawful use of property from the defendant, along with legal interest from the date of the lawsuit (our rights regarding any excess amount are reserved) .

4. With the acceptance of our requests for precautionary measures, we request that the use be prohibited until the end of the trial , that the construction be stopped , and that a note be added to the title deed.

5. (If your court finds that the defendant is acting in good faith – a reserve request, not to be interpreted as an admission of guilt ): In accordance with Article 725 of the Turkish Civil Code , the easement/compensation shall be determined for a suitable price.

6. The court costs and attorney's fees shall be borne by the defendant.

I respectfully request and demand, on behalf of my client, that a decision be made . …/…/2025

Plaintiff's Attorney
, Mert DEMİR
(Signature)