Land registry correction case is a lawsuit filed to correct material errors regarding spelling, location, border or person information in the land registry. It is based on TMK article 1025.
In what cases is correction?
- Mispelling of the name Malik
- Incorrect registration of share amount
- Location/island/parcel number error
- Incorrect writing of border neighbor information
- Incorrect registration of ownership type (shared/co-operative)
- Records resulting from illegal registration
Parties to the Case
- Plaintiff:Rightful natural or legal person
- Defendant:The person appearing as the owner or beneficiary in the land registry (and, when necessary, the General Directorate of Land Registry and Cadastre)
Difference between Correction and Deed Cancellation Case
Correction action corrects factual errors; It does not change the ownership relationship. Deed cancellation and registration lawsuit changes in whose name the property is owned.
Correction by Administration
For some material errors (typos, etc.), corrections can be made through administrative means by directly applying to the land registry office. This can be resolved quickly.
Supreme Court 1. HD Approach
The 1st Chamber of the Supreme Court of Appeals emphasizes that in order to file a rectification lawsuit, there must be an error that is detectable by an unregistered document, and that in cases where the ownership relationship is disputed, an annulment lawsuit should be filed, not a rectification.
Court in Charge
- Officer: Civil Court of First Instance
- Authority: Location of the immovable property (HMK article 12 - definitive authority)
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