Don't Risk Your Property: 5 Steps to Follow to Correct Your Land Registry Record

Errors in land registry records are a serious issue that can jeopardise your property rights and lead to legal problems that are difficult to rectify in the future. Inaccurate information in the land registry, ranging from name misspellings to disputes over share percentages, can present significant obstacles in transactions such as buying, selling, or inheritance. To ensure your property security and to correct the land registry record, it is essential to manage the process correctly.

Here are the 5 essential steps you need to follow to correct inaccuracies in the land registry:

Fault Detection and Classification

The first step of the process is to correctly identify the nature of the error in the title deed or registration extract. Errors in the land registry are generally grouped into four main categories: Identity Information Errors: Spelling mistakes in personal details such as the owner's name, surname, or T.C. identification number. Property Information Errors: Inaccuracies in the plot, parcel number, surface area, or the nature of the property (land, field, residence, etc.). Rights and Shares Errors: Incorrect calculation of share ratios in joint ownerships or erroneous recording of ownership rights. Annotation and Declaration Errors: Incomplete or incorrect registration of restrictions, mortgages, or declarations in the land registry.

Collection of Necessary Documents and Official Evidence

You must prove your claim with official documents for the error to be rectified. You need to prepare documents showing the source of the error, such as a title deed, population registration extract, cadastral records, or letters of inheritance, in full. These documents will be your most important basis for both administrative applications and any potential legal proceedings.

Application to the Land Registry Directorate (For Material Errors)

If the error is a simple typographical error, such as a "material error", or if there is no dispute between the parties, the process can be resolved administratively. Pursuant to Article 31 of the Land Registry Law, an application is made to the Land Registry Directorate with a petition along with the relevant documents. If the parties agree and the submitted official documents (e.g., a letter of clerical error from the population directorate) are deemed sufficient, the land registrar corrects the error within a short period.

Filing a Lawsuit for Correction Through Court (for Material Errors)

If the error is more than a material typographical error (for example, if it directly affects property rights or share ratios) or if there is a dispute between the parties, it is mandatory to apply to the competent court. Within the scope of Article 1027 of the Turkish Civil Code, a lawsuit for the correction of the land registry is generally filed with the Court of First Instance where the immovable property is located. During the court process, it is requested that the land registry be brought into conformity with the actual situation by examining witnesses, expert reports, and collected official evidence.

Execution of Court Order and Registration of New Title Deed

Once the court rules to correct the property title deed as a result of the lawsuit, the process moves to its final stage. The finalised court decision is officially communicated to the relevant Land Registry Directorate or presented by the owner. The Land Registry Directorate, in full compliance with the court decision, cancels the old erroneous entry in the land registry and issues a new title deed by registering the up-to-date, correct information.

Important Note: Although there is generally no statute of limitations in property correction cases, irreversible losses can be incurred if bona fide third parties (e.g., someone who unknowingly purchased the property due to the error) acquire rights. Therefore, as soon as you notice the error, you should act without delay and seek support from a specialist real estate lawyer, particularly for legal proceedings.

Don't Risk Your Property: 5 Steps to Take to Correct Land Registry Records

Fault Detection and Classification

Collection of Necessary Documents and Official Evidence

Application to the Land Registry Directorate (For Material Errors)

Filing a Lawsuit for Correction Through Court (for Material Errors)

Execution of Court Order and Registration of New Title Deed

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