2) Whether to file a new lawsuit after the 10-year foreclosure
period:
a) Clause 3 of article 12 of the Cadastral Law stipulates that “. after ten years, no rejection can be made and no lawsuit can be filed on legal grounds prior to the cadastre.” This provision prevents the filing of a lawsuit by the Treasury for the annulment of title deeds which fall along the shore for which 10-year foreclosure has expired from the finalization of the determination of cadastre.
b) However, this provision was cancelled by the Constitutional Court decision dated 12 May 2011 and numbered E:2009/31 and K:2011/77. Therefore, the Treasury will continue to file lawsuits for annulment. In fact, this variability illustrates the lack of solutions for public and property owners in coastal
areas.