Expertise

Character of the Immovable in Dispute

The distinction that governs valuation, comparables and the method of trial: land of arsa character and land of arazi character.

In expropriation and de facto appropriation cases, the character of the immovable determines how compensation is calculated. For land of arsa character, zoning status, comparable sales and development rights come to the fore; for land of arazi character, agricultural income, objective yield and specialised valuation criteria apply.

The distinction directly shapes the expert enquiry and the Court of Cassation’s standard of review. The office secures a correct characterisation by examining the title, cadastre, zoning plan and actual use together.

Of Arsa Character

Immovables within a zoning plan, suitable for development and treated as arsa in municipal and adjacent areas. Value is assessed by comparable sales and development rights.

Arsa character changes the spine of valuation in expropriation and appropriation cases. Municipal and adjacent-area boundaries, the zoning plan, the possibility of subdivision and amalgamation, FAR/coverage figures and comparable sales form the basis of the expert report. The Court of Cassation requires not merely the cadastral entry but the factual and legal development regime together. A mistaken characterisation causes the figure to diverge at the root.

Of Arazi Character

Immovables of agricultural or raw-land character. Valuation applies objective yield, agricultural income and specialised assessment criteria.

Relying directly on comparable arsa sales for land of arazi character is contrary to the Court of Cassation’s settled review. Soil type, irrigation, fallow, crop pattern and capitalisation of objective net income come to the fore. Treating a parcel outside the zoning plan, or one that retains agricultural status, as if it were arsa is a ground of reversal. The office particularises character through cadastre, satellite imagery and agricultural records.

Related subjects

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Character of the Immovable in Dispute

Of Arsa Character

Of Arazi Character

Action for Dissolution of Co-ownership (İzale-i Şüyu)

Pre-emption Action (Şufa / Önalım)

Title Cancellation and Registration Actions

Title Cancellation for Abuse of Power of Attorney