In cases of correction of title deed, the plaintiff refers to the applicant party. The people who can apply for this subject are limited. The application for correction of the title deed registration is only the owner of the relevant title deed registration or its heirs. In addition, based on article 702 of the Turkish Civil Code, each of the immovable partners can ensure the protection of the rights that enter the community. Therefore, each of the partners may request the correction of the title deed registration.
Since the lawsuits regarding the correction of the title deed registration are not a lawsuit but a non-contentious jurisdiction, it would be more correct to show the adversary rather than the defendant. The Land Registry Office is shown as the adversary in the correction of the land registry.
OFFICIAL AND AUTHORIZED COURT IN THE CASE OF CORRECTION OF THE DEED REGISTRATION
According to Article 383 of the Code of Civil Procedure, “The court in charge of uncontested judicial matters is the court of peace unless there is a contrary regulation.” For this reason, since the lawsuits for the correction of the title deed are also uncontested jurisdictions, the court in charge is the Civil Courts of Peace.
Regarding the competent court in non-contested judicial matters, according to Article 384 of the Code of Civil Procedure, “Unless the law provides otherwise, the court of the place where the person making the request or one of the relevant persons resides is authorized.” Although this provision constitutes the general rule, since the lawsuit for the correction of the title deed is related to the immovable, the competent court will be the court of the place where the immovable is located.
TIMELINESS IN CASE OF CORRECTION OF THE DEED REGISTRATION
There is no statute of limitations for a lawsuit to be filed for the correction of the title deed. The reason why the lawsuit for the correction of the title deed is not subject to any statute of limitations is that the relevant lawsuit is based on a real right. Real rights are among the rights that ensure the direct dominance of individuals over the goods and therefore can be asserted against everyone.
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