One of the most critical elements in real estate purchase and sale transactions is that the area registered in the title deed is accurate and realistic. However, in practice, there are many cases where there is a difference between the square meters of the immovable subject to sale shown in the title deed and its actual area. This difference is usually due to incomplete or incorrect measurement, insufficient technical examination, or discrepancies between municipal and cadastral records.
What is an Incorrect Area Calculation in Land Registry?
Incorrect area calculation in the title deed; It is a situation where there is a difference between the square meter of the purchased real estate stated in the title deed and the actual, measurable area. While this difference may sometimes be a small difference of a few square meters, in some cases it may reach dimensions that will cause the buyer to suffer economic losses.
Example: An apartment that appears to be 120 m² in the title deed is actually 95 m² after a measurement.
In such cases, the buyer may be entitled to have the missing area compensated or to return the property and receive a full refund.
In Which Situations Can the Buyer File a Lawsuit?
In cases where there is an area difference in the title deed, certain conditions must be met in order to file a lawsuit:
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There must be a significant difference between the land registry and the actual area of the immovable property.
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The difference must have arisen without the knowledge and consent of the recipient.
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Once the buyer learns of this difference, it must exercise its rights within a reasonable time.
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The sale transaction should be evaluated within the scope of hidden defect or misrepresentation.
If these conditions are present, the buyer can file a lawsuit based on the provisions of the Turkish Code of Obligations, the Turkish Civil Code and the Land Registry Law.
Types of Lawsuits That Can Be Filed
There are various types of lawsuits that buyers can apply for in case of victimization due to incorrect area calculation in the land registry, within the framework of the Turkish Civil Code, the Code of Obligations and the Land Registry Law. Through these lawsuits, buyers can both compensate for their economic losses and ensure that title deed errors are corrected.
These types of cases are explained in detail below:
Compensation Lawsuit (Compensation for Incomplete Compensation)
If the buyer relied on the area specified in the title deed and it is later revealed that the actual area of use is smaller, the buyer can claim the return of the overpaid price. This case concerns the difference in value based on the area of the immovable property.
The following factors are taken into account during the proceedings:
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Fair square meter unit price: Determined on the basis of precedent sales.
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The amount of missing square meters: Based on the measurement reports made by the expert.
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The area declared in the sales contract: Specifically compared with the information contained in the project or title deed.
In this case, the aim is to compensate the buyer for the economic loss suffered by the buyer, and only the monetary loss is compensated without canceling the sale transaction.
Termination of Contract Litigation
In some cases, the difference in area may directly affect the intended use of the real estate, investment plans or building rights. For example, if the purchaser of a 100 m² shop is faced with only 70 m² of space in reality, the use value is severely reduced. In such cases, the buyer may request the rescission of the contract in order to cancel the sale completely and return the entire price paid.
The basic conditions of this case are the following:
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The area difference must be significant and deceptive,
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The buyer must not have known this difference at the time of sale,
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The return of the immovable property and the refund of the price should be requested together.
As a result of the termination lawsuit, the parties are reinstated; that is, the real estate returns to the seller and the price is returned to the buyer. Expert reports, contract text and title deed records are presented as evidence to prove the process.
Deed Cancellation and Registration Case
In some cases, the problem may not only be the difference in square meters, but also the fact that the boundaries shown in the title deed and the actual usage boundaries do not coincide. In such disputes, if the title deed does not reflect the reality, it is possible to file a lawsuit for the cancellation and re-registration of the title deed with the correct information.
With this case:
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Incorrectly positioned parcel can be corrected,
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Excess or incomplete registered areas can be reorganized,
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The actual situation is reflected in the title deed.
The case usually proceeds as a multi-party proceeding involving neighboring parcel owners, and expert reports prepared by survey engineers constitute the main basis of the process.
Correction Case in Cadastral Courts
If the erroneous area calculation is due to a technical measurement error made during the cadastral survey, then a rectification lawsuit should be filed directly with the cadastral court. Such errors are more common especially in villages and rural areas.
In this case:
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Cadastral maps and plans are examined,
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The technical expert will re-measure,
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The court may order the erroneous record to be corrected
Cadastral rectification lawsuits should be filed before the statute of limitations expires and by taking into account the statute of limitations. In addition, the owners of neighboring immovable properties are also informed and, if necessary, included in the case.
Why is it important to get an expert opinion before filing a lawsuit?
Before filing a lawsuit regarding the area difference, measurements should be made in the presence of an expert or a surveyor. Otherwise, the claims may not be proven during the lawsuit. Also
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Land Registry
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Zoning plans,
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Condominium easement projects,
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Municipality archive records
should be examined and the legal basis should be established accordingly.
In this process, we work with experts who provide technical consultancy to our clients and ensure that the cases are carried out with the strongest evidence base.
Incorrect area calculation in the land registry is a serious problem that leads to not only economic but also loss of rights. However, the buyer has legal rights against such errors. Especially if there is a difference between the square meter declared in the sales contract and the actual measurement, legal solutions such as the return of the missing price or termination of the contract are possible.
Contact Us
For land area differences, measurement disputes or other legal issues related to the real estate you have purchased
you can contact us. As Attorney Atakan Ayhan, we provide effective legal support to our clients in disputes arising from real estate purchase and sale transactions, both preventively and during the litigation phase. It is of great importance to take your steps with expert support to avoid loss of rights.
