28 Jul THE CASE OF CORRECTION OF THE LAND REGISTRY
According to the definition in the Land Registry Regulation, “The land registry is a register maintained under the responsibility of the State to show the status of real estate and the rights on it according to the principles of registration and openness.” The fact that the land registry is a register under the control of the state required that the correction of inaccuracies in the land registry should also be connected to the procedure. The Case for Correction of the Land Registry is filed against the Land Registry Office.
Sometimes, during the transaction made in the title deed, there may be deficiencies and inaccuracies in the information related to the title deed or the owner by the title officers. These shortcomings or inaccuracies are often not noticed by officials and owners. However, realizing this deficiency and inaccuracy during the establishment of a transaction related to the title deed creates a number of problems. In order to eliminate these problems that occur in the land registry, the land registry must be corrected.
The legal basis for correcting the land registry is Article 1027 of the Turkish Civil Code. it is a substance. According to the provision of the said article;
“Unless the relevant persons have written consent, the land registry officer can correct the inaccuracy in the land registry only by a court decision.
The correction can also take the form of abandonment of the old registration and the issuance of a new one.
The land registry officer officially corrects simple typographical inaccuracies in accordance with the regulation issued by the President.”
The main purpose of this article regulation is to prevent the Land Registry Offices from officially making changes to the land registry. Except in exceptional cases, land registry officers cannot make changes and corrections to 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 register can also be made at the written request of the interested parties without directly contacting the court. The choice in this regard is up to the interested party who wants the land registry to be corrected. He can apply to the relevant Land Registry Office or he can apply directly to the court and request that the land registry be corrected.
The cases of Decertification of the land registry are among the non-contentious judicial affairs. Non-contentious judicial affairs can be defined as those that must be decided by the court. However, there is no violation of rights and dispute in non-contentious judicial affairs. In this regard, the cases of correction of the land registry are also essentially not a case, but a contentious judicial work.
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