What is a Land Registry Correction Case?
A lawsuit for the rectification of land registry is a legal process filed for the rectification of incorrect or incomplete records in the land registry. Errors in the land registry may arise due to clerical errors, missing information or unfair registrations of property rights. This lawsuit Article 1025 of the Turkish Civil Code regulated within the scope of
Inaccuracies in the land registry usually occur in cases such as inheritance transactions, errors in sales contracts, missing or incorrect entry of owner information. People who think that there are errors in the land registry may apply to the court and request that these errors be corrected.
Under Which Circumstances Can a Lawsuit for Correction of Land Registry be Filed?
A lawsuit for rectification of land registry can be filed in the following cases:
- Error in Identity Information: If the name, surname or Turkish ID number is written incorrectly in the land registry.
- Surface Area Error: If the area of the immovable is incorrectly stated in the land registry.
- Incorrect Determination of Boundaries: If the boundaries of the immovable property are shown incorrectly in the land registry.
- Errors in Owner Information: Registering the property right in the name of the wrong person or incorrectly showing the immovable property to which more than one person is entitled.
- Misrepresentation or Fraudulent Transactions in Land Registry: False title deed records, whether intentional or as a result of mistake, must be corrected.
- Errors in Inheritance Transition: During the inheritance transfer, incorrect heirs are recorded in the title deed or incomplete heirs are recorded.
Such inaccuracies can cause serious problems for real estate owners. Therefore, it may be necessary to file a lawsuit for rectification of the land registry to correct the errors.
Who Can File a Lawsuit for Correction of Land Registry?
People who think that there is an error in the land registry and who want to apply for legal remedies to correct this error are as follows:
- Owner(s) of the immovable property
- Heirs (in cases requiring inheritance transfer)
- Persons unjustly mentioned in the title deed
- Relevant public institutions (such as Municipality, Land Registry Office)
The person who will file a lawsuit for the correction of the error in the land registry must have a legal connection with the immovable property.
Documents Required for the Correction of Land Registry
The following documents must be submitted to the court when filing a lawsuit for rectification of the land registry:
- Statement of Claim
- Title deed registration sample
- Identity registration certificate (for correction of identity information)
- Document or map showing the title deed error (if available)
- Witness statements (where necessary)
- Certificate of inheritance (in case of errors related to inheritance transfer)
The completeness of these documents will contribute to the rapid progress of the case.
The Process of Filing a Lawsuit for Correction of Land Registry
The action for rectification of the land registry must be filed at the Civil Court of First Instance. The lawsuit process consists of the following steps:
- Preparation of the Statement of Claim: All necessary information and requests for the correction of the erroneous title deed registration must be stated in the petition.
- Application to the Court An application is made to the competent Civil Court of First Instance with a petition.
- Presentation of Evidence: The court asks for evidence that the title deed is incorrect.
- Expert and Witness Examination: The court may request an expert report and evaluate witness statements.
- Court Decision If the court decides to correct the error, this decision is forwarded to the Land Registry Office and the necessary correction is made.
How Long Does a Land Registry Correction Case Take?
A land registry rectification case can usually take between 6 months and 2 years. The process may vary depending on the following factors:
- Court intensity
- Duration of preparation of expert reports
- Collection and examination of evidence
- Appeal processes of the parties
In some cases, the court process can be completed more quickly if the error in the title deed is obvious and all parties acknowledge the error.
Is There a Statute of Limitations for Correction of Land Registry?
There is no statute of limitations for land registry correction cases. In other words, the person can file a lawsuit as soon as he/she realizes the error in the land registry. However, it is recommended to file a lawsuit as soon as possible to avoid loss of rights, especially in inheritance-related land registration errors.
How to Implement the Court Decision in a Land Registry Correction Case?
If the court finds that there is an error in the land registry, it sends the correction decision to the Land Registry Directorate. The Land Registry Office corrects the record in accordance with the court decision. If the defendant does not object, the correction becomes final.
In some cases, the court may rule for the cancellation and registration of the title deed. In this case, the title deed of the immovable property is completely changed and brought into compliance with the law.
The case for rectification of land registry is of great importance for real estate owners. Errors in the land registry may affect the legal status of the immovable property and cause major problems in the future. Therefore, incorrect land registry records should be corrected as soon as possible.
Getting support from a specialized lawyer during the litigation process ensures that legal proceedings are carried out faster and more accurately. If you think that there is an error in your land registry, you can seek your rights by applying to the Civil Court of First Instance.
