Determination of Problems and Finding of Solution Approaches on Foundational Real Estate From Ottoma

Abstract

Keywords: Fused; foundation; land management; validity and reliability analysis.

1. Introduction

Foundation (“Vakıf” in Turkish) is an Arabic word and defined in the dictionary of Turkish Language Institution as "property, money formally allocated under certain terms and conditions and handed down by a community or a person so that a service is also provided in the future"[1]. Foundation became very important, especially in the Ottoman Empire. Upon the establishment of the Republic of Turkey, this legacy has been kept alive. It is known that there were about 200,000 foundations in the Ottoman Empire, known as a civilization of foundations, and that almost all services, excluding the state's internal affairs, security and palace affairs, were conducted through foundations [2]. Foundation is one of the institutions which played an extremely important role within Turkish cultural system particularly during the Ottoman period. Foundations lived in the golden age during the Ottoman Empire period and also became widespread with the growth of the Ottoman Empire [3, 4, 5, 6]. Upon transition from the Ottoman Empire to the Republic of Turkey, all business and operations of the foundations were delivered to GDF management and control by Foundations Law on. Today, all transactions of properties owned by fused foundations and GDF are carried out by GDF under Law 5737 on Foundations [7]. Fulfillment of charities and requirements of Foundations is performed using the income derived from foundation properties. These properties are included in various land management practices according to the region in which they are located, and those which can be utilized are utilized by property development methods. In addition to provisions of the legislation to which foundation properties are subject to in terms of their qualities, there are issues of land management practices in cadastral works, zoning practices, property development works, property registration processes, and expropriation processes, applications regarding properties with foundation entry thereon, information system applications and legal processes. It is possible to classify these issues into technical issues, legal issues and institutional issues. These issues should be absolutely resolved for targets represented in GDF's strategic objectives for 2010-2014 [3]. In this context, the aim of this study was to identify existing problems in management of foundation properties and present concrete solutions to these problems.

2. Material And Method

Case study method was used in the research. This method has been referred to in various ways as sample case, case studies, etc. in the literature. Case study method is a method that allows in-depth investigation of an event [8, 9]. This method allows in-depth analysis of a sample group, event or case by focusing on the particulars and complexity of the case [10, 11]. It was emphasizes that this method will help researchers obtain in-depth knowledge in a short time [11]. Thus, this method allows use of a combination of various quantitative and qualitative data collection tools, including questionnaire, interview and observation [10, 11]. The validity of data is increased by supporting of data by different types of data collection tools, which thereby contributes to the validity of the research with data triangulation [8]. Indeed, the aim of this study was to perform a detailed examination of views and opinions regarding the current situation of foundation properties of the individuals working at GDF so it was decided to use case study method. The research process was determined in the following manner in (Figure 1).

Determination of Problems and Finding of Solution … / Sigma J Eng & Nat Sci 34 (3), 317-348, 2016

3. Data Collection Tools

In this study, various data collection techniques have been utilized within the scope of case study method. A questionnaire, a semi-structured interview and sample practice data were utilized as data collection tools in the study. Details of data collection tools used in the study are presented in Table 1. below. Table 1. Data collection tools and sample group’s information [3] Data collection tool Questionnaire

Determination of the current situation on Foundation Properties administered and represented by GDF

Determination of the Experts’ opinions and thoughts about Foundation Properties administered and represented by GDF

Architect Civil Engineer City Planner Technician Department Manager Others

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5. Findings

There were a total of 35 questions in the questionnaire and a total of 16 questions in the interview form in the PhD thesis on which the study was based, and these were further enriched 328

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with 31 sample practices. Thus, all this data was presented in the PhD thesis. However, it was deemed somewhat impossible in terms of presentation format of the paper to present all data in the PhD thesis in results and discussion part of this paper derived from the PhD thesis. Therefore, some examples of questions and answers from survey and interview data will be presented. Results and discussion will be given as a table at the end of this part.

1. Questionnaire Form and Answers from Sample Group Members

Questionnaire Form Personal information A-Up-To-Date Land Management Implementations for GDF Given in table 3. B-Immovable Registration System and (Geographical) Information Systems 1- Do you think that communication, between foundation offices and general directorate and branch management, based immovable foundation properties are adequate/enough? Answer of this question with options are seen in below (Figure 3). 28%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 33.494 p< 0.05).

Figure 3. Graphic of question 1 in part A from questionnaire form 2- Do you think that immovable property registration system in GDF is enough? Answer of this question with options are seen in below (Figure 4). 23%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 24.230 p< 0.05).

Figure 4. Graphic of question 2 in part A from questionnaire form 3- Does the geographic information system both CAD and webGIS based which was put into practice in 2006 in GDF, is actively used? Answer of this question with options are seen in below (Figure 5,6). 41%

There is no homogeneity among the responses, which are differences, given Figure

5. Graphic of question 3 on CAD

to this question. based in part= A fromp<questionnaire form (Chi-square 7.191 0.05).

Figure 5. Graphic of question 3 on CAD based in part A from questionnaire form

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There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 34.478 p< 0.05).

Figure 6. Graphic of question 3 in part A from questionnaire form 4- Do you think that CAD-based geographic information system in GDF is enough to draw and register both land (rural and urban) and condominium data? Answer of this question with options are seen in below (Figure 7).

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 14.778 p< 0.05).

Figure 7. Graphic of question 4 in part A from questionnaire form 5- Do you think that webGIS-based geographic information system in GDF is enough to draw and register both land (rural and urban) and condominium data? Answer of this question with options are seen in below (Figure 8).

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 28.945 p< 0.05).

Figure 8. Graphic of question 5 in part A from questionnaire form 6- Do you think that other web based information system studies carried out by GDF (VTYS, VAYS, etc.), are enough in terms of both our dry E-turkey policy? Answer of this question with options are seen in below (Figure 9). 18%

There is no homogeneity among the responses, which are differences, given to9.this question. Figure Graphic of question 6 in part A (Chi-square 28.945 p< 0.05). from=questionnaire form

Figure 9. Graphic of question 6 in part A from questionnaire form

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7- Do you think that other (geographic) information systems carried out by other public institutions are useful for GDF in case integration of them, in terms of the context of e-turkey strategy? Answer of this question with options are seen in below (Figure 10).

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 29.491 p< 0.05).

Figure 10. Graphic of question 7 in part A from questionnaire form C-Land Registry and Cadastre Implementations 1- What should be done in a healthy way in the conduct of cadastral works and cadastre based courts in order to minimize them in terms of foundation properties? Answer of this question with options are seen in below (Figure 11).

Figure 11. Graphic of question 1 in part C from questionnaire form Rate from 1 to 4, with 1 being the most important option for you) (A) The old and new cadastral information for cadastral parcels should be associated with together in cadastral proclamation. Chi-square = 14.804 p<0.05 (B) Reasons of inapplicability of cadastral parcels in proclamation of cadastral works must be specified in proclamation. Chi-square = 3.638 p>0.05 (C) Proclamation of cadastral works should be informed via institutional internet site of GDLRC. Chi-square = 8.915 p<0.05 (D) Proclamation of cadastral works should be sent to GDF by GDLRC. Chi-square = 1.936 p>0.05 2- Have you done your research on the Land Registry Office to determination of specify foundation specification immovable properties? Answer of this question with options are seen in below (Figure 12).

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There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 0.490 p< 0.05).

Figure 12. Graphic of question 2 in part C from questionnaire form 3- If your answer to the above question is yes, please specify in what stage you may have difficulty? (Rate from 1 to 4, with 1 being the most important option for you) Answer of this question with options are seen in below (Figure 13).

Figure 13. Graphic of question 3 in part C from questionnaire form (A) Because of busy as a beaver in Land Registry Offices (LRO), and delaying problem. Chisquare = 10.680 p<0.05 (B) Lack of adequate physical facilities required at work in LRO. Chi-square = 1.667 p>0.05 (C) The former Ottoman records of current land records. Chi-square = 3.000 p>0.05 (D) the difficulty of establishing a link between Registers, especially Ottomans (old from Ottoman times) and Turkish. Chi-square = 1.936 p>0.05 4- What are the problems you encounter in the process related to foundation immovable properties both Cadastre and LRO? Answer of this question with people opinions are seen in below Table 5.

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Table 5. Table for question 4 in part C from questionnaire form Frequency / Percent Value * Solution approaches Work intensity and long duration Not knowing revolving fund fees and tax exemption for foundations Difficulties both accessing and translating old documents from Ottomans An insufficient number of qualified personnel Difficulty of establishing links between old title deeds and currents Failure to provide the necessary working environment * In this question, more than one opinion could be reported ** Percentages values were calculated according to 43 of the sample group who answered this question

5- Do you think what should be done to solve the problems you encounter in the above question? Answer of this question with people opinions are seen in below Table 6. Table 6. Table for question 5 in part C from questionnaire form Frequency / Percent Value * Solution approaches Regulation should be arranged for funding between GDF and

Gdlrc

LRCIS integration should be performed for GDF In-service education should be performed all personals periodically Co-operations should be make out between GDF and GDLRC E-Turkey integrations should be performed More skilfully personals should be added to GDF Personal wage should be increased Translated knowing Ottoman should be employed in every foundation office * In this question, more than one opinion could be reported ** Percentages values were calculated according to 27 of the sample group who answered this question

D-Development of Foundation Immovable Properties 1- Do you have difficulty in most any stage in the development of foundation properties valuation? (Rate from 1 to 5, with 1 being the most important option for you) Answer of this question with options are seen in below (Figure 14).

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There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 13.733 p< 0.05).

Figure 14. Graphic of question 1 in part D from questionnaire form (A) Determination of the value of property tax (B) Determination of fair market value (C) Determination of the peer immovable determination (D) In comparison with immovable properties to foundation properties (E) Other.................................................................. 2- What do you think about it should be done to solve the problems experienced in while valuation of foundation immovable properties? (Rate from 1 to 4, with 1 being the most important option for you) Answer of this question with options are seen in below (Figure 15).

Figure 15. Graphic of question 2 in part D from questionnaire form () thanks to co-operation with real estate company for valuation. Chi-square = 12.133 p<0.05 () thanks to co-operation with the expert committee for valuation (university + corporate + other ...). Chi-square = 7.453 p>0.05 () Valuation Commission to work in a different Foundation Offices. Chi-square = 5.189 p>0.05 334

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() To work more effectively with the existing Valuation Commission. Chi-square = 34.308 p>0.05 3- Do you think that “cost per square meter of land (rural and urban) is close to real market value? Answer of this question with options are seen in below (Figure 16). 34%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 6.667 p< 0.05).

Figure 16. Graphic of question 3 in part D from questionnaire form 4- Do you think it is sufficient to determine the property tax value of some avenue and street for each four year in Turkey? Answer of this question with options are seen in below (Figure 17). 31%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 27.898 p< 0.05).

Figure 17. Graphic of question 4 in part D from questionnaire form 5- Which evaluation method should be used for immovable foundation properties which have been no opportunity to hire and /or non-sales? Answer of this question with options are seen in below (Figure 18). 22% 57% A

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 15.869 p< 0.05).

Figure 18. Graphic of question 5 in part D from questionnaire form (A) It should be swapped with some of the Provincial Directorate of National Estate in provincial (B) It should be swapped with some of the General Directorate of National Estate in national (C) Other………………………………………………………………………………… 6- Which value is closer to market value for immovable foundation properties in comparison between real value determined by you and tax value? Answer of this question with options are seen in below (Figure 19).

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There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 71.149 p< 0.05).

Figure 19. Graphic of question 6 in part D from questionnaire form (A) Property tax value (B) Determined by you with investigation of the market value for real estate valuation 7- Please write problems and solutions, experienced by you, in immovable properties implementations conducted by GDF in the space provided below. Answer of this question with people opinions are seen in below Table 7. Table 7. Table for question 7 in part D from questionnaire form Frequency / Percent Value * Solution approaches Technical personals should be added Expert personal should be educated Quality of software and hardware should be increased CAD based GIS system should be re-programmed Integration should be realize for each unit in GDF Projects should be done based on solving the problems GDF should be attained the integration LRCIS and NSDI Web based GIS and CAD base should be developed with together Quality of software and hardware should be the same both branch office and Foundation Office and General Directorate Regulations should be updated periodcially * In this question, more than one opinion could be reported ** Percentages values were calculated according to 27 of the sample group who answered this question

E-Immovable Foundation Properties in Cases/Courts 1- Do you examine expert reports in courts or cases for foundation immovable properties? Answer of this question with options are seen in below (Figure 20). 8% 67% 25%

There is no homogeneity among the responses, which are differences, given to20. thisGraphic question. Figure of question 1 in part (Chi-square = 33.492 p< 0.05). E from questionnaire form

Figure 20. Graphic of question 1 in part E from questionnaire form - If your answer is "Yes," can you say the expert reports are sufficient? Answer of this question for second section with options are seen in below (Figure 21). 336

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There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 23.412 p< 0.05).

Figure 21. Graphic of question 1 for second section in part E from questionnaire form (A) Ok, because (B) Partially sufficient because (C) Insufficient because 2- Whenever evaluating the expert's report by you, then this assessment is presented to the court by your foundation office, can you say that the case in favor of the foundation thanks you out evaluating? Answer of this question with options are seen in below (Figure 22). 5%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 16.566 p< 0.05).

Figure 22. Graphic of question 2 in part E from questionnaire form 3- If it is necessary to sue in some cases related to with foundation immovable property for you or your foundation offices, please inform how you do determine which data is necessary which case? Answer of this question with options are seen in below (Figure 23). 15%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 10.412 p< 0.05).

Figure 23. Graphic of question 3 in part E from questionnaire form (A) Logically (B) In consultation with the Legal Service of Foundation Office (C) Taking advantage of the current law or legal regulations (D) Other........................................................................... 4- Do you follow foundation immovable property based cases? (A) Yes (B) No (C) as long as the requested information and documents related to the case by Legal Service of Foundation Office. Answer of this question with options are seen in below (Figure 24).

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There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 18.382 p< 0.05).

Figure 24. Graphic of question 4 in part E from questionnaire form (D) Other (.........................................................................) 5- The valuation of expropriation commission related to immovable properties, can you say something that it can be made faster and minimize the expropriation case process? (Rate from 1 to 4, with 1 being the most important option for you) Answer of this question with options are seen in below (Figure 25).

Figure 25. Graphic of question 5 in part E from questionnaire form (A) Commission members should be composed of different institutions (public officials). Chi-square = 33.455 p<0.05 (B) Academicians should be added to commission. Chi-square = 9.500 p<0.05 (C) Commission should be formed through chambers. Chi-square = 8.064 p<0.05 (D) Public officials with academics-chambers-integrated with commission. Chi-square = 18.277 p<0.05 6- What are the real causes of the problem based on immovable foundation properties in your foundation office? (Rate from 1 to 5, with 1 being the most important option for you) Answer of this question with options are seen in below (Figure 26).

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Figure 26. Graphic of question 6 in part E from questionnaire form (A) From being scattered by legislations related to immovable properties. Chi-square = 9.547 p<0.05 (B) Contrasts among legislations of some articles. Chi-square = 5.660 p>0.05 (C) Different court decisions in cases related to immovable properties. Chi-square = 32532 p>0.05 (D) Lack of institution is responsible for immovable property activities. Chi-square = 8.426 p>0.05 (E) Other (........................................................................ ...). Chi-square = 6.723 p>0.05 7- What can be done to solve the problems, based foundations immovable, properties, without suing? Answer of this question with people opinions are seen in below Table 8. Table 8. Table for question 7 in part E from questionnaire form Frequency / Percent Value * Solution approaches Consensus method should be preferred among parties rather than suing Privileges of foundation immovable properties should be provided to announce to every implementers Inter-agency coordination should be ensured According to subject matter, selection of expert professionals should be provided in a systematic way Publicity of GDF should be given to the importance, legislative gap regarding the foundations and theirs properties should be handled then it should be reconstituted Contradictions among different laws related to foundations and their properties should be abolished * In this question, more than one opinion could be reported ** Percentages values were calculated according to 22 of the sample group who answered this question

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F- Zoning Plan Implementation 1- Can you say whether changed the application taking into account the objections made to the Municipality in the 18th article (Land Readjustment) of Law No. 3194 (Zoning Law) on the applications, or not? Answer of this question with options are seen in below (Figure 27). 19%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 27.269 p< 0.05).

Figure 27. Graphic of question 1 in part F from questionnaire form 2- If your foundation’s objection on Land Readjustment does not take into account by Municipality, then If the land readjustment implementations is sued by you, then if your foundation office win your case which changes will be performed on implementation by Municipality? Answer of this question with options are seen in below (Figure 28). 39%

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 11.298 p< 0.05).

Figure 28. Graphic of question 2 in part F from questionnaire form (A) Completely changed. (B) Partially changed. (C) Changed to Positive for foundation immovable property (D) Other (..................................................................................................................... 3- How did areas, which have been planned to be used for public in the development plan in your region, obtained? Answer of this question with options are seen in below (Figure 29).

There is no homogeneity among the responses, which are differences, given to this question. (Chi-square = 34.725 p< 0.05).

Figure 29. Graphic of question 3 in part F from questionnaire form (A) Implementation of article 15 and 16 of Law No. 3194 (Zoning Law) called as Voluntary

Method

(B) Implementation of Land Readjustment Method as article 18 of of Law No. 3194 (C) Expropriation 4- What do you think about sources and solutions of the problems experienced in article 15, 16 and 18, defined as basically zoning implementations, in terms of foundation immovable properties? Answer of this question with people opinions are seen in below Table 9. 340

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Table 9. Table for question 4 in part F from questionnaire form Frequency / Percent Value * Solution approaches It should be reported to the Municipal that Foundation immovable properties is not public land-property Special attention on promotion of registered foundations should be given in addition foundations and their immovable properties Protection on income-generating foundation properties, have to be guaranteed by foundations law 5737, should be informed to all implementers-institutions It should be reported to the municipalities if there are foundation immovable properties in implementation areas, municipalities should be more careful to perform implementations in terms of foundation properties It should be informed to municipalities and other implementers if there are charity properties of foundations in zoning implementations, it cannot decreased/reduced the areas of these properties to public areas according to Zoning Law Land Readjustments on planned areas should immediately be completed by authorities instead of voluntary methods by owners of properties as soon as plans come into force as legally Land Readjustment practices must be implemented as holistic way not to local way. Exemption of tax and revolving fund to foundations properties on land management issues should be taken into consideration by authorities Land readjustment implementations should be informed by authorities to foundation offices and the all information should be sent as well. * In this question, more than one opinion could be reported ** Percentages values were calculated according to 35 of the sample group who answered this question

2. Selected One Answer as an example with all Interview Form Questions

Because of the same answers given by sample groups for both categorized questions and open ended questions and also semi structured interview form questions, so there is no need of writing these answers from semi structured interview form for each person taken part in interview form and numbered alphabetic from A to I. there, there are questions from interviews written below which were questioned to everyone between and I in the format of normal speaking like friends. Semi-Structured Interviews Form Personal information A-Immovable Registration System and (Geographical) Information Systems 1- Do you think that operations and legislation, based immovable foundation properties, are adequate/enough, carried out by your institution (GDF)? If your answer is not enough, what should be done as solutions, according to you?

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2- Do you think that CAD-based geographic information system and web GIS based information system in GDF is enough to draw and register both land (rural and urban) and condominium data? If your answer is not enough, what should be done as solutions, according to you? 3- Do you think that CAD-based geographic information system and web GIS based information system have enough hardware and software to register both land (rural and urban) and condominium data? What should be done to solve the problems about these questions in terms of both GDF and other institutions? 4- Does the geographic information system both CAD based and webGIS based which were put into practice in 2006 in GDF, is actively used by GDF personals? Do you think not to usage of these is a problem? If this is a problem, what do you suggest for a solution? B-Land Registry and Cadastre Implementations 1- Can inter-institutional coordination be achieved in cadastral surveys for determination of foundation immovable properties borders and other rights of them? What are the problems experienced at this point? What are your suggestions for solutions to these problems? 2- Do you think enough steps to access cadastral proclamation and its information both sheets, maps and other technical document and legal documents such as land registries? If this process is Insufficient, what would you recommend to solve these inadequate situation? 3- Do you think Land Registry Offices (LRO)’ operations and archive system are sufficient? If it is insufficient, does the situation create problems against immovable foundation properties? 4- Do you have trouble in the archives of LRO in case of the determination of the old land registers (mainly Ottomans) and translation into the Turkish? If you are having problems, what would you suggest for a solution? 5- Is LRCIS enough to connect between GDF and GDLRC in immovable properties based applications? At this point, Is Web-GIS of GDF’s database compatible with LRCIS of GDLRC? If not, do you think this case is a problem with respect to management of foundation immovable properties and also e-government organization? C-Development of Foundation Immovable Properties 1- Would you please express what you were experienced in problems in the determination of market value for development or leasing foundation immovable property? You can make any suggestions as to how to solve these problems? 2- What do you think whether determination of property tax values, which are very low prices per square for land (urban and rural) in comparison with market values, based generally street and avenue each four years (2010, 2014 and so on..) is an appropriate method for taxing or not? If your answer is this method is not suitable for correct taxing in accordance with market values, what would you like to propose to solve the problem? 3- What do you think what is the reason of poor management on unstructured foundation immovable properties in rural and urban areas in accordance with neighboring properties by foundation offices? What would you recommend this type of foundation properties for good management of them in terms of sustainable management of immovable properties? D-Immovable Foundation Properties in Cases or Courts 1- What kind of problems have you encountered in cases/courts related to foundation immovable properties such as selection of experts, sufficiency of expert report, completion time of court, time of data and document collection, and final decision? Could you please suggest some proposals the problems, you have encountered in this process, for the solution? On matters such as expert selection, the adequacy of the expert reports, timeframe of a lawsuit, etc. during proceedings of foundation properties in dispute owned by DGF, the following problems were mentioned by the interviewees, respective number of which is given after each statement: “expert witnesses are not experts” by 8 interviewees; “expert reports are not

Determination of Problems and Finding of Solution … / Sigma J Eng & Nat Sci 34 (3), 317-348, 2016

satisfactory” by 7 interviewees; “proceedings take a long time” by 6 interviewees, and “expert reports are inconsistent” by 3 interviewees, seen in Table 10. Table 10. Current problems and person codes in cases concerning foundation properties Person

Scientific and technical aspects of the expert's report is insufficient, Preparation of different reports for same work

Lack of expert reports, some reports to be different for the same real estate based case The expert report is not sufficient Lack of expert reports, report that there are differences between the values of real estates

Serious mistakes in the expert's report Failure of technical aspects of expert reports The expert report cannot fully reflect the correct Long period for preparation of reports

The experts are not professionals about case-related problems Selecting as the expert in real estate based cases, who do not know enough in real estate legislation Get expert witness in cases of inadequate in both professional and technical Experts lack of professional fields related to the case Long case period People who do not know the real estate legislation, are selected expert Experts, foundations legislation, to not know Lack of experts selected

Selected experts do not know the real estate legislation, are selected expert Selecting a particular expert of the same person, preparation of expert-sided report

E-Zoning Plan Implementation 1- Do you have any problems streaming from the municipalities, responsible for performing land readjustment issues, in case of foundation immovable properties in the zoning implementation? If you have encountered any problems about this subject, could you please inform whether your suggestions to solve these problems can be accepted by municipalities or not? If your suggestions are not accepted by municipalities, have you been sent any document about rejection together with technical and legal explanations? Do you think that these reason about rejection is suitable and legislative? Findings and discussions obtained from the survey and interviews within the scope of the study were classified by their respective parts, simplified, and the following matrix of results and discussions was obtained. The above-mentioned sample results from the questionnaire and the interview as well as other results and discussions obtained within the scope of the PhD thesis are presented as a whole in the following Table 11.

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Table 11. Findings and considerations obtained by means of data collection tools

Property registration Implementations of Registry system, and Cadastre Information system

E-government has been not used effectively inter-agency exchange 0 of documents and information Case time, the quality of expert reports, and the adequacy of the 0 expert are not same standard Technical units must work together with the legal unit for GDF in 1 lawsuit cases related foundation properties In the legislation for foundations that contrasts (cadastral, land 1 development and foundation law)

(1): Relation, (0): No relation Absence of a reference for land management implementations in 1 GDF Lack of immovable property registration system 1 e-government applications with different standards in DGF 1 GDF and other public institutions should ensure 1 the exchange of data via the e-government the difficulty of tracking "cadastral posting" in cadastral works 1 Lack of cooperation between GDF and GDLRC 1 Investigation of Deed Records in the archives of Ottoman with 1 difficulty Difficulties in the revolving fund fees and tax paid 1 Constraints in the land registry is not in deed 0 Inability to access data of deed-cadastral through LRCIS 1 difficulty of reaching data of urban information system in 0 municipality Lack of property tax system 0 difficulty of detecting peer real estate to compare 0 the actual real estate price is higher than written on the title deed of 0 the sale price some real estate, with the possibility of valuation, is delayed for 1 land valuation Procurement legislation slows down land valuation system 1 compliance problems between Foundations of Cultural Heritage 1 and zoning plan tax exemption aroused from zoning plan for foundation properties 1 cannot be questioned Devaluation of foundation properties thanks to some zoning plan 1 application exemptions of foundation property are not taken into account in 1 zoning plan implementations

Determination of Problems and Finding of Solution … / Sigma J Eng & Nat Sci 34 (3), 317-348, 2016

6. Discussion

In recent years, several studies have been conducted to provide access to questionnaires and expert opinions on matters, including, land registry transactions, cadastral surveys, zoning practices, information system applications, and property development work, which are subbranches i.e. scientific branches of Survey Engineering. It is known that opinions and suggestions of students and faculty members have been obtained using data collection tools such as surveys or interviews in survey engineering departments providing undergraduate education in Turkey [5, 37, 38]. In this type of studies, it is of great importance that expert opinions, questions and their answers to questions are listed at the beginning of the questionnaires developed, types of scales are determined and the Cronbach’s alpha reliability coefficient regarding content validity and reliability of the questionnaire is at the desired level. In order to ensure that reliability coefficient is high, some questions may need to be removed or questionnaire items, types of scale may need to be altered, which help the questionnaire and its results to be valid and reliable. In addition, it was determined that the questionnaires are prepared as hard copies, and such hardcopies are sent to the sample group, the target population. After the data given as hard copy in questionnaires by the sample group is transformed into soft copy, the answers given to the questions are evaluated on a percentage basis by simple entry (for example, in a survey, 40% of the sample group said yes and 60% said no to a question). In this study, while developing the questionnaire, emphasis was placed on preparation of survey questions and answers together with experts and faculty members from the university selected among the target population comprising the sample group. Moreover, the questionnaire was prepared and applied online, which allowed easy access to the sample group, regardless of location. In addition, percentage data as well as statistical data were utilized to evaluate answers to questions (For example, there is no homogeneity but difference among the answers given to the question (Chi-square = 29.424 p <0.05 with a confidence of 95%). Content validity of the interview form developed in the same manner was tested with expert personnel from foundations and faculty members from the university, then interview questions were organized, some questions were removed, some were altered and it was decided to apply the final version of the interview form after ensuring its content validity. It was intended to apply the interview form to survey engineers, the largest set of the questionnaire sample group of 68 people. When the work done and answers given by survey engineers to survey questions were examined, it was seen that there was no difference between the answers given by survey engineers and the sample group. It is extremely important to present sample land management practices to the reader in order to materialize land management issues based especially on foundational works [39, 40, 41] and solution approaches revealed using questionnaires and interviews. At this point, we endeavored to decide which samples to present on the basis of land management practices about which we acquired in-depth knowledge by survey and interview data. Although 31 current practices were presented within the scope of the study, around 100 land management practices were investigated. Some of these practices are very complicated and include many applications on their own so it was a challenge to select and present sample practices. Indeed, with 31 sample practices, information was provided on the type of practice which we wished to emphasize.

7. Conclusions

In this study, with the questionnaire, semi-structured interview form and sample practices, current status of foundation properties in terms of preservation and development was established, problems were identified, materialized by sample practices and solution approaches were developed.

Y.E. Çoruhlu, O. Demir / Sigma J Eng & Nat Sci 34 (3), 317-348, 2016

Conclusions and suggestions were developed by taking account of results and discussions obtained from the survey, interview and sample practice data. The target of the study is to institutionally, legally and technically address such conclusions and suggestions. Therefore, conclusions and suggestions are summarized and sequences in below paragraphs. "GDF Property Transactions Guide" should be prepared by taking account of land management practices. Property registration system for GDF should be made suitable for registration of "lands and buildings" separate registration books. All GDF e-government applications should be integrated into a single interface to be carried out and controlled all implementation easier than the current system. E-government integration with other stakeholders should be provided within the scope of e-government-e-Turkey not only for be essential for GDF but also the other institutions related to land management issues. Cadastral scales in the cadastral surveys should be announced in network address General Directorate of Land Registry and Cadastre (GDLRC in Turkish TKGM). In the case of Land Management Practices, collaboration with other institutions should be enabled thanks to egovernance application. It should be ensured that title deed registers in Ottoman Turkish at land registry archives are read. Online inquiry about revolving fund and tuition waivers of foundation properties from GDF network address should be enabled. "Title deed" should include all restrictions in land registry. Access to cadastre and land registry data of GDLRC (in Turkish TAKBIS) should be provided through e-government. Access to Urban Information System data should be provided through e-government. Land taxation system should be transformed into parcel-based version. Purchase and sale transactions at land registries should be based on their actual values. Foundation properties should not be sold according to different managerial perspective. Properties which can be valued in accordance with their zoning status should be utilized as soon as possible. Public Procurement Law 2886 should be applied from an online system. In the case of planned areas which are foundation cultural assets, GDF should be involved in corresponding processes. Foundation properties exempt from charges and revolving fund under zoning plan should be enquired online especially by Municipalities and Land Registry and Cadastre Offices. Zoning plan implementations should be done in a holistic way in terms of foundation properties. Zoning plans should be applied as soon as possible by considering foundation property exemptions. Courts should have access to all information provided by public institutions via egovernment. Lawsuits, expert reports and timeframe for decrees and their content should be standardized. In the case of proceedings, coordination between technical unit and legal department should be ensured. Case files of foundation properties should be archived in electronic database. Inconsistencies between legislations about foundations should be resolved (cadastral, zoning and foundation). REFERENCES / KAYNAKLAR [1] [2] [3] [4]

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