What is a Land Registry Cancellation and Registration Case?
A deed cancellation and registration lawsuit is a lawsuit filed for the correction of this record or for the creation of a new deed record by canceling it completely, if there is an unlawful situation in the title deed of the immovable property. This lawsuit Article 1025 of the Turkish Civil Code and regulated under the Land Registry Law.
Title deed cancellation and registration lawsuits are filed to protect the rights of the real owner of the immovable property and to correct unlawful registrations. If a wrong registration has been made in the land registry due to reasons such as error, fraud, forgery or inheritance, it is possible to correct it through this lawsuit.
Under Which Circumstances is a Land Registry Cancellation and Registration Case Filed?
A deed cancellation and registration lawsuit may be filed in the following cases:
- Wrongful Title Deed Registration: Transferring the title deed of an immovable property to another person through forged documents or irregular transactions.
- Incorrect Inheritance Registration: Writing the wrong owners or missing heirs on the title deed during the inheritance division.
- Zoning and Expropriation Errors: Incorrect registrations in the land registry during zoning changes or expropriation process.
- Misleading or Fraudulent Sales Transactions: Transfer of immovable property to another person without the knowledge of the title deed holder or by fraud.
- Material Errors in the Land Registry: Mistyping in the land registry, measurement errors or incorrect determination of the boundaries of the immovable.
- Cadastral Errors: Incorrect determinations made during the cadastral process are incorrectly reflected on the title deed.
Persons who are in an unfair situation for these reasons may apply to the court and request the correction or cancellation of the land registry.
Who Can File a Land Registry Cancellation and Registration Lawsuit?
The persons who can file a deed cancellation and registration lawsuit are as follows:
- Persons claiming to be the real owner of the immovable property.
- Heirs (people who think there is injustice in the division of inheritance).
- Persons incorrectly named in the land registry.
- Persons harmed by unlawful title deed registration.
- Municipalities, public institutions and government agencies (in cases of public interest).
In order to file a lawsuit, the plaintiff must have a legal interest in the immovable property.
Documents Required for Deed Cancellation and Registration Case
The following documents must be submitted to the court when filing a deed cancellation and registration lawsuit:
- Statement of Claim.
- Title deed registration sample.
- Birth registration certificate (for heirs).
- Documents proving wrongful registration (sales contracts, inheritance documents, expert reports).
- Witness statements (where necessary).
- Cadastral records (in cases related to cadastral errors).
The completeness of these documents will contribute to the rapid progress of the case.
Process of Filing a Land Registry Cancellation and Registration Case
The title deed cancellation and registration lawsuit must be filed at the Civil Court of First Instance. The lawsuit process consists of the following steps:
Preparation of the Petition: All information and requests required for the cancellation and registration of the land registry 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 cancel the title deed and new registration in favor of the party it deems right, this decision is forwarded to the Land Registry Directorate and the necessary changes are made.
How Long Does a Land Registry Cancellation and Registration Case Take?
A title deed cancellation and registration case can usually take between 1 and 3 years. The process may vary depending on the following factors:
- Court intensity.
- Preparation time of expert reports.
- Collection and examination of evidence.
- The parties’ appeal processes.
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 Deed Cancellation and Registration?
The statute of limitations in deed cancellation and registration cases may vary depending on the type of case:
- The statute of limitations for actions for fraud or deceit is 10 years.
- The statute of limitations for lawsuits against cadastral errors is 10 years.
- In inheritance misregistrations, there is usually no statute of limitations.
As different deadlines may apply depending on the type of case, the legal process should be initiated as soon as possible.
How to Implement the Court Decision in Land Registry Cancellation and Registration Case?
If the court finds that there is an error in the title deed registration, it sends the cancellation and registration decision to the Land Registry Office. The Land Registry Office changes the registration in accordance with the court decision. If the defendant does not object, the amendment becomes final.
In some cases, the court ensures that the immovable property is registered in the name of the new owner, thus bringing it into compliance with the law.
Title deed cancellation and registration cases are of great importance for real estate owners. Errors in the land registry may affect the legal status of the immovable and may 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.
