In cases of correction of the land registry, the plaintiff refers to the party who applied. The people who will apply for this subject are limited. The application for correction of the land registry is only the owner of the relevant land registry, 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 the rights that enter the community. Therefore, each of the partners may request the correction of the land registry.
Since the cases related to the correction of the land registry are essentially not a case, but a non-contentious judicial matter, it would be more correct to show an opponent, not the defendant. In the correction of the land registry, the Land Registry Directorate is shown as the opponent.
THE COMPETENT AND COMPETENT COURT IN THE CASE OF CORRECTION OF THE LAND REGISTRY
383 of the Code of Civil Procedure. According to the Article, “The court charged with non-contentious judicial affairs is a magistrate’s court, unless there is an arrangement to the contrary.” For this reason, the correction of the land registry cases are also a non-contentious judicial work, and the court in charge is the Magistrate’s Law Courts.
384 of the Code of Civil Procedure in relation to the competent court in non-contentious judicial affairs. According to Article “Unless there is a provision to the contrary in the law, the court of residence of the person or one of the interested parties who makes a request for non-contentious judicial affairs is authorized.” Although this provision establishes the general rule, since the case for correcting 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 CASE OF CORRECTION OF THE LAND REGISTRY
No statute of limitations is provided for a lawsuit to be filed on behalf of the correction of the land registry. The reason why the case for the correction of the land registry is not subject to any statute of limitations is that the relevant case is based on a real right. Real rights are among the rights that allow people to have direct control over property and can therefore be asserted against everyone, therefore, the fact that the legal right that is the subject of the land registry correction case is a right in kind has led to the fact that there is no statute of limitations in the relevant case.
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