Lawsuit for Correction of Land Registry Records

Correction of Land Registry Records Case – İzmir Lawyer

The term "title deed" refers to an official document showing information about a property and its owners. Title deeds issued by the land registry office, as we all know, contain information primarily about who owns the property. Some errors may be present in this information. In such a case, a lawsuit may need to be filed to correct the title deed record.

If the name, surname, or other identifying information of the property owner is recorded incorrectly, erroneously, or incompletely during the cadastral survey or registration in the land registry, the owners or their heirs may request the correction of the land registry record either from the relevant land registry office or through legal action.

Turkish Civil Code Article 1027- Unless the parties involved give their written consent, the land registry officer can only correct an error in the land registry by court order. Correction may involve the cancellation of the old registration and the creation of a new one. The land registry officer corrects simple typographical errors ex officio, in accordance with regulations issued by the President. Although an ex officio correction method is specified, in practice, correction procedures are not carried out without applying to the land registry or filing a lawsuit.

Correction of Land Registry Record Upon Request

The owner who chooses this method, or their legal heirs upon death, can request the correction of errors or omissions in the land registry record from the land registry office to which the property is registered.

When submitting a request to the Land Registry Office;

1. A photocopy of the owner's ID, one photograph, and if the heirs are handling the transaction, a certificate of inheritance in addition to these.,
2. The title deed or land registry record containing the plot and parcel information of the immovable property; if these are not available, the verbal statement of the owner or heirs.,
3. Photographed Certificate obtained from the Headman's Office.,
4. They should have any other supporting documents and paperwork on hand to help with the correction.

The Land Registry Office charges a certain percentage of fees and revolving fund charges after the process of correcting a land registry record. However, if the errors, omissions, or inaccuracies originate from the land registry or cadastre office, then no fees or revolving fund charges are demanded.

If the request made to the Land Registry Office is rejected: If the Land Registry Office rejects the correction request, it will notify the applicant at their address. The response will also state that an appeal can be filed with the Regional Directorate of Land Registry and Cadastre within 15 days of the notification. The right to appeal is open within 15 days of the notification.

Correction of Land Registry Records Through Lawsuit

Cases concerning the correction of identity information in land registry records are governed by Article 382 of the Code of Civil Procedure No. 6100, which came into force on October 1, 2011.

These are non-contentious judicial matters. Since these cases relate to the ownership of immovable property, they are filed in the court of the place where the immovable property is located, in accordance with the Code of Civil Procedure.

While there is no statute of limitations for this lawsuit, the owner or heirs can file it at any time. The important point is that the lawsuit must be filed in the civil court of peace to which the property is registered. Although it is a non-contentious type of lawsuit, the lawsuit must be directed against the land registry office as the defendant.

How to correct an incorrect sale record in the land registry?

In cases of erroneous sales transactions recorded in the land registry, the procedure will depend on the severity of the error. For example, the above procedure can be applied in cases such as a name error. However, in cases of more serious errors, a lawsuit for the cancellation of the title deed can be filed. In this case, the lawsuit must be filed in the civil court of first instance in the location where the property is situated.

What is the statute of limitations for a land registry correction lawsuit?

In our legal system, the concept of statute of limitations determines the time limit for exercising rights, such as filing a lawsuit. However, there is no statute of limitations for the lawsuit concerning the correction of a land registry record. Therefore, there is no question of the statute of limitations expiring when filing the lawsuit.

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