According to the definition in the Land Registry Regulation, the land registry is the registry kept under the responsibility of the state to show the status of immovables and rights on them according to the principles of registration and clarity. The fact that the land registry is under the control of the state necessitated a procedure to correct the mistakes in the land registry. The Case for Correction of Land Registry is filed against the Land Registry Office.
During the process of the deed, sometimes the deed officers may make deficiencies and mistakes in the information about the deed or the owner. These deficiencies or mistakes are often not noticed by the officials and the owners. However, the realization of this deficiency and mistake during the establishment of a transaction regarding the title deed creates some problems. In order to eliminate these problems that occur in the land registry records, the land registry should be corrected.
The legal basis for the correction of the land registry is Article 1027 of the Turkish Civil Code. According to the provision of the said article;
“Unless the persons concerned have given their written consent, the land registry officer can only correct the mistake in the land registry with a court decision.
The correction may also be in the form of abandoning the old registration and making a new registration.
The land registry officer corrects simple typographical errors ex officio in accordance with the regulation issued by the President.
The main purpose of this regulation is to prevent the Land Registry Offices from making changes in the title deed registers ex officio. Except in exceptional cases, land registry officers cannot make changes or corrections in the land registry records without the request of the relevant persons and a court decision.
In addition, as the legal regulation clearly stipulates, corrections to the land registry record can be made upon the written request of the relevant persons without applying directly to the court. In this regard, the preference is left to the person who wants the title deed registration to be corrected. He can apply to the relevant Land Registry Office or directly apply to the court and request the correction of his land registry record.
Lawsuits for the correction of the title deed are among the uncontested jurisdictions. Non-contested judicial affairs can be defined as those that must be decided by the court. However, there is no violation of rights and disputes in uncontested judicial matters. In this context, the lawsuits for the correction of the title deed registration are not a lawsuit but a non-contentious judicial business.
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