According to the definition in the Land Registry Regulation, the land registry is “a registry kept under the responsibility of the State, according to the principles of registration and openness, to show the status of immovables and the rights thereon.” The fact that the land registry is a registry under the control of the state necessitated a procedure for the correction of inaccuracies in the land registry. The lawsuit for the correction of the land registry is filed against the Land Registry Directorate.
During the transaction in the land registry, sometimes the land registry officers may make deficiencies and inaccuracies in the information regarding the title deed or the owner. These omissions or inaccuracies are often not noticed by the officers and the owners. However, during the establishment of a transaction related to the title deed, the realisation of this deficiency and inaccuracy creates some problems. In order to eliminate these problems occurring in the land registry, the land registry must be corrected.
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The legal basis for the correction of the land registry is Article 1027 of the Turkish Civil Code. According to the said article;
“Unless the parties concerned consent in writing, the land registry officer may correct the mistake in the land registry only by a court decision.
The correction may also be in the form of cancellation of the old registration and making a new registration.
Land registry officer shall correct simple clerical mistakes ex officio in accordance with the regulation issued by the President of the Republic.”
The main purpose of this article is to prevent the Land Registry Directorates from making ex officio changes in the land registry. Except for exceptional cases, land registry officials cannot make changes and corrections in land registry records without the request of the relevant persons and a court decision.
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In addition, as clearly stipulated by the legal regulation, corrections to the land registry records can also be made upon the written request of those concerned without directly applying to the court. In this regard, the preference is up to the relevant person who wants the title deed record to be corrected. The relevant person may apply to the Land Registry Directorate or directly to the court and request the correction of the land registry record.
Correction of the land registry is among the non-contentious judicial proceedings. Non-contentious judicial affairs can be defined as works that must be decided by the court. However, there is no violation of rights and dispute in non-contentious judicial proceedings. In this context, the lawsuits for the correction of the land registry are essentially not a lawsuit, but a non-contentious judicial proceeding.
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