Right of easement valuation

In our everyday life that adapts to the developing world, immovable valuation, which is a popular topic in recent years, also takes an important place in our country. However, the valuation issue which has not started to develop has not yet been placed on a scientific basis. An immovable valuation is an objective and objective process for determining the value of an immovable, taking into account the appropriate conditions and methods according to the qualities of an immovable. In order to meet the tax needs in the world, the immovable valuation is increasing day by day; to buy, sell, rent, lend, expropriate, customize, etc. National immovable valuation systems have been established with an increase in demand for immovable property. International organizations and standards have also increased in line with the developing technology and increasing needs. Many laws regulating the real issues in Turkey, statutes, regulations, directives, circulars and guidelines as well as numerous agencies and organizations duties, powers and responsibilities are given. The immovable concept that is effective in all aspects of life today affects people in many ways. The quality and correctness of the data collected in such a serious matter is very important. Accurate and accurate information is one of the most valuable elements for the valuation process. In the valuation process; difficulty in finding immovable property with unknown value, the multiplicity of factors affecting value, variability according to local regions and preferences, difficulties in expressing with known mathematical equations are encountered problems. New quests for the determination of immovable values are under way in all countries. There are many methods to determine the immovable value, but there are 3 main methods that are widely used in our country and in the world. These are precedent, income and cost methods. Apart from these, recently developed statistical evaluation methods can be used. Generally, it is used in the valuation of vacant lots and land, the method of income in the evaluation of commercial and residential real properties, which is the result, and the cost method in immovables, which will be evaluated according to the value of the insured and the cost of the property. In order to determine the method of immovable valuation, the immovable, the state, the location and the socio-economic habits of the region should be taken into account and different methods should be used singly or together for the purpose of the valuation process. There are a number of situations that limit the subject of valuation, which is constantly evolving, to the effect of the rights of the person on immovable property. The easement right, which is one of them, gives the right to use and enjoy the immovable property. When an immovable property entitled to an allegiance is entitled to certain powers granted by the right of ownership, it must be allowed by the person having the easement. In other words, the owner of the right of easement is obliged to bear this right. The mutually restrictive owners become responsible to each other. When calculating the right of easement, the difference between the value of the immovable before the establishment of the easement right and the value after the establishment of the easement is taken as the basis. An easement may have been previously expropriated by the same or another institution on the immovable property to which the right of easement has been established. In this case, the value of the previous easement and the value should be taken into consideration. When determining the value of the immovable before the right of easement is determined, the value of the easement right, which the owner has received for the previous easement, shall be subtracted from the normal value of the immovable. It is stated that, in the decisions of the Supreme Court of Appeal, the easement expropriation value calculated previously for the same immovable should be taken into account and the values of the easements to be established later must be determined. In the decisions of the Supreme Court of Appeals, the expropriation fee for the easement right is expropriated; the difference between the value of the easement before the establishment of the easement and the easement is the difference between the value after the establishment of the right. According to the nature of the immovable property, according to article 11 of the Expropriation Law, the ratio and amount of the value of the immovable property should be indicated by reason of the establishment of easement after the whole of the immovable property is determined as the whole. The ratio of the value of the immovable property due to the establishment of the easement shall be determined by taking into consideration the nature, the nature of the immovable, the type of use, the nature of the easement right (such as pipeline, energy transmission line and so on), and the area and location of the immovable. It is accepted that, in the case of the Court of Cassation applications, the loss of value due to the easement in the land should not exceed 35% of the property value of the affected area from the height, in case of a special case which has a significant effect on the usage of the property. The Court of Cassation does not find it appropriate to merely evaluate the easement rights according to the energy transmission or pipeline. It is against the law to calculate the right of easement over only the easement. Because the value to be found is the depreciation of the real estate due to easement rights. This depreciation is often set at a rate. The Supreme Court of Appeals calculates the whole value of the immovable from the elevation point. The rate of depreciation due to easement is found and this ratio is multiplied by the calculated value of the immovable. The amount that comes out is the easement price. In practice, the depreciation of water, natural gas and oil pipelines or energy transmission lines is calculated in terms of area. However, the impairment due to the right of easement affects the entire area of the immovable property. For this reason, the difference between the previous value of the immovable and the next value is given the expropriation value. That is, at the establishment of the easement right through expropriation, it is reached that the immovable has the price of easement between the value before the establishment of easement right and the value after the establishment of easement right. The rate of impairment of the immovable that is established shall be established by determining the type, quality, area, altitude and duration of the immovable, the area where the easement passes, the area covered and the geometrical structure of the immovable and the usage pattern of the immovable. Because at some particular time, the purpose of servitude expropriation affects the value of the whole of the property, but at some time it only affects the value of the part it passes through. The price loss of the immovable, in terms of its size, use, land or agricultural land, the projection of the altitude, or the area covered by it and the area covered by it, is generally determined as a percentage and is finally reached according to the determined percentage. Within the scope of this thesis study, studies on easement rights appraisal have been examined and it has been discussed with government agencies, private institutions, real estate appraisal companies and law offices to determine how to make easement right appraisal, which data they use, which legal basis they take into consideration and what problems were asked. As a result of the researches carried out, it is seen that each unit makes different valuation and obtains different results; it has been observed that solutions for saving the day were produced and evaluated. Moreover, it has been observed that the institutions that are going to the appraisal do not have the communication between the institutions, do not go according to a certain plan, set the appropriation for the expropriation, and have limited rights without considering the citizens. In the interviews, each institution produced different solutions and gave different trainings. In-between valuation solutions have been produced. It is obvious that the legal uncertainty in the light of these problems and the effect of expropriation and valuation under a single roof are great. In addition, the deficiencies in the technical sense, Turkey cadastral available. Problems can not be solved because the correct money is not reached adequately. When all problems are taken into consideration, a model has been prepared to achieve the right solution. It is hoped that this model will minimize the problems when accurate data analysis and fair application are implemented. Today, the current two-dimensional (2B) cadastral systems are inadequate in some cases because all rights, restrictions and responsibilities related to the land frequently overlap. Especially in urban areas where the vertical dimension of land is heavily used as a result of rapid population growth, different property units form overlapping, intersecting or more complex structures. The inadequacy of 2D cadastre to register and represent some cases emerging in the modern world has been a factor in increasing interest in 3D cadastre in recent years. With the three-dimensional cadastre, the depth of all underground facilities such as water pipeline, natural gas pipeline, electricity pipeline, sewer pipeline passing under a street and their attribute information will be obtained and their registration will be done according to these operations. As a result, the teams coming to natural gas excavation will not dig the street randomly and will not harm other facilities. In addition to the task of securing the legal and geometric conditions of immovable properties, the cadastre can be said to be developing as a three dimensional cadastral type as a means of presenting monetary returns and enabling all kinds of investment and commercial relations on immovable properties to be carried out in confidence and order. The three-dimensional view will enable spatial information to reach clearer results regardless of the vocational discipline of the end user, and ensure that investments to be made in line with this information are healthier. Two-dimensional spatial data reflects the past, while three-dimensional visual and informational spatial data reflect the concept of the future. The three-dimensional cadastre system will make us happier to reach a better point in terms of occupation at the point of meeting the expectation with the knowledge given in the process of the establishment of the smart cities of the future and the healthy and correct planning of the investments. The three-dimensional cadastre will shed some light on the use and adaptation of new technologies for each occupational group working on this field and working in the future.