28 Jul PARTIES TO THE CASE FOR THE CORRECTION OF THE LAND REGISTRY AND THE DEADLINES
In cases of correction of the land registry, the plaintiff refers to the applicant. The persons who will apply for this issue are limited. The application for correction of the land registry is submitted only if the owner of the relevant land registry is the owner or his heirs. In addition, 702 of the Turkish Civil Code. based on the article, each of the immovable partners can ensure the protection of rights entering the community. Therefore, each of the partners may also request the correction of the land registry.
Since the cases related to the correction of the land registry are not actually a case but a contentious judicial matter, it would be more correct to show the defendant and not the opponent. In the correction of the land registry, the Land Registry Office is shown as an opponent.
THE COURT CHARGED AND AUTHORIZED IN THE CASE OF CORRECTION OF THE LAND REGISTRY
383 of the Code of Civil Procedure. According to the article “The court in charge of non-contentious judicial affairs is a magistrate’s court unless there is a regulation to the contrary.” For this reason, since the cases of correction of the land registry are also non-contentious judicial affairs, the court in charge is the Magistrates’ Courts.
384 of the Code of Civil Procedure in relation to the competent court in non-contentious judicial matters. According to the article “Unless there is a contrary provision in the law, the place court where the person or one of the interested parties is sitting is authorized for non-contentious judicial affairs.” Although this provision constitutes the general rule, since the case of correction of the land registry is related to real estate, the competent court will be the court where the real estate is located.
THE STATUTE OF LIMITATIONS IN THE CASE OF CORRECTION OF THE LAND REGISTRY
There is no statute of limitations provided for a lawsuit to be filed in the name of correcting the land registry. The reason why the case for correcting the land registry is not subject to any statute of limitations is that the relevant case is based on a right in kind. Real rights are the rights that ensure the direct dominance of people over property and therefore can be asserted against everyone, therefore, the fact that the legal right that is the subject of a lawsuit to correct the land registry is the same right has led to the fact that a statute of limitations has not been provided for in the relevant case.
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