Parties And Time Periods For Land Registry Correction Case
In land registry rectification cases, the plaintiff party refers to the applicant party. The persons who may apply for this matter are limited. The application for the correction of the land registry is only the owner of the relevant land registry or his heirs. In addition, based on Article 702 of the Turkish Civil Code, each of the partners of the immovable property may ensure the protection of the rights of the community. Therefore, each of the partners may request the correction of the land registry.
Since the lawsuits regarding the correction of the land registry are essentially not a lawsuit, but a non-contentious judicial action, it would be more correct to show the opponent rather than the defendant. In the correction of the land registry, the Land Registry Office is shown as the opponent.
COMPETENT AND AUTHORISED COURT IN THE CASE OF CORRECTION OF LAND REGISTRY
According to Article 383 of the Code of Civil Procedure, “The court in charge of non-contentious judicial proceedings is the civil court of peace, unless otherwise stipulated.” For this reason, since the lawsuits for the correction of the land registry are also non-contentious judicial proceedings, the competent court is the Civil Courts of Peace.
Pursuant to Article 384 of the Code of Civil Procedure regarding the competent court in non-contentious judicial matters, “Unless otherwise provided by law, the court of the place where the person making the request or one of the parties concerned resides is competent for non-contentious judicial matters.” Although this provision constitutes the general rule, since the action for rectification of the land registry is related to immovable property, the competent court will be the court where the immovable property is located.
STATUTE OF LIMITATIONS IN THE ACTION FOR RECTIFICATION OF LAND REGISTRY
There is no statute of limitations for a lawsuit to be filed for the rectification of the land registry. The reason why the action for rectification of the land registry is not subject to any statute of limitations is that the related action is based on a right in rem. In rem rights are among the rights that provide direct dominance of persons over the property and therefore can be asserted against everyone; therefore, the fact that the legal right subject to the action for rectification of the land registry is a right in rem has led to the fact that a statute of limitations is not foreseen in the related action.
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