Objection to Cadastral Determination and Lawsuit for Cancellation and Registration of Title Deed in Turkish Law

OBJECTION TO CADASTRAL DETERMINATION AND LAWSUIT FOR CANCELLATION AND REGISTRATION OF TITLE DEED

The objection to the cadastral determination and the lawsuit for cancellation and registration of the title deed is related to a fraudulent registration. The subject of this lawsuit is that the cadastral process is unlawful. As a rule, you can prove your claim of unlawfulness with any kind of evidence. In particular, the absence of a requirement for a document-based objection in this lawsuit provides significant ease for the plaintiff.

WHAT IS CADASTRE?

Throughout history, cadastre has been an important tool in determining the legal boundaries and content of real estate. Today, with changing living conditions, the application area of cadastre has significantly expanded. In connection with needs such as ownership, planning, and evaluation, cadastre has become part of development. In its broadest definition, cadastre is an information system that forms the basis for all kinds of plans, projects, and services related to land. Cadastre increases the investment value by providing legal security to people.

With cadastre, the locations, areas, values, rights, and obligations on all kinds of land and property in our country are determined. This determination and the mapping process are also referred to as cadastre. Cadastre is of great importance for the security of property rights and border security. Cadastre is essential for obtaining information about the use of the land. Land possession necessitates cadastre. Additionally, cadastral activities reduce the workload of courts. As a result of these activities, necessary technical and legal information and documents related to immovable property are accessible, allowing courts to make faster decisions.

WHAT ARE THE TYPES OF CADASTRE?

1. Tax cadastre

2. Legal cadastre

3. Economic cadastre

4. Multipurpose cadastre

5. Land information systems

Today, multipurpose cadastre is frequently used.

OBJECTION TO CADASTRAL DETERMINATION

In practice, sometimes errors are made during the cadastral determination. The Land Registry Regulation has allowed for these errors to be corrected. In some cases, the cadastral office may correct these errors ex officio upon application. In other cases, it is necessary to resort to litigation.

As a rule, the cadastral office will automatically correct errors in measurement, delimitation, configuration, and calculations in immovable properties whose geometric conditions have been finalized by processes during or after cadastre. It is sufficient to apply for this. This correction will also be notified to the owners of the property and other right holders. If they do not request the removal of this correction within 30 days, the correction will become final. Your objection to the correction must be made in the civil court of peace.

Additionally, some area differences arising from change processes in immovable properties finalized by processes during or after cadastre will be corrected automatically by the cadastral offices. There is no need to apply for this. The important thing is that the error in question remains within the error limits specified in the technical rules on which the cadastre is based.

WHAT CADASTRAL ERRORS CAN BE CORRECTED?

– Miscalculation of the parcel’s area on the map

– Errors in boundary drawing

– Errors due to incorrect reading and writing

– Incorrect markings

– Technical errors resulting from the combination of incorrect points

LAWSUIT TO PREVENT CORRECTION OF CADASTRAL ERRORS

Interested parties can file a lawsuit against the correction made. They demand the removal of the correction with this lawsuit. As a rule, the lawsuit for the removal of the correction must be filed within 30 days from the notification of the correction. The competent court is the civil court of peace. The authorized court is the court where the correction was made. However, there is a legal obstacle to resorting to litigation. A lawsuit cannot be filed directly without applying for the correction of the record. First, an application must be made to the relevant cadastral office. For example, before filing a lawsuit in the civil court of peace against the correction regarding the amount of the area, the cadastral office must be visited. Since cadastral law is a very technical field, consulting a Real Estate Lawyer will be in your favor.

OBJECTION TO CADASTRAL DETERMINATION

According to Article 9 of the Cadastre Law, it is legally possible to object to the cadastral determination. As a rule, you can object to the determinations until the cadastral team completes their work in the work area after the cadastral record is drawn up.

This objection must be made to the cadastral technician or the cadastral office. Your objection record will be directed to the cadastral commission within 10 days at the latest. The subject of the objection can only be the validity of the applied documents. Objections not based on a document will not be considered and examined.

PROCESS AFTER OBJECTION TO CADASTRAL DETERMINATION

Objection records must be concluded within 1 month at the latest. However, with the condition of providing a reason, the review period may continue until the activities of the cadastral team in the work area are completed. During this process, expert and neighborhood information is utilized. However, witnesses are not heard against the document. As a result of these reviews, a new record is drawn up, which replaces the old record and determines the rightful owner. The commission’s decision is announced by a hanging notice.

LAWSUIT FOR OBJECTION TO CADASTRAL DETERMINATION

After the cadastral work, the determinations made according to the records are announced by hanging. The announcement period is generally 30 days. During this period, it is possible to file a lawsuit for objection to the cadastral determination. This lawsuit is related to public order. Therefore, you should file your lawsuit in the competent and authorized court. You can initiate your legal process in the cadastral court where the cadastral determination was made. If a lawsuit is not filed within the 30-day period, the determination will become final. The finalized record and cadastral court decisions are registered in the land registry within three months. As an important consequence, no lawsuit for objection to the finalized cadastral determination can be filed. However, a lawsuit for cancellation and registration of the title deed can be filed.

LAWSUIT FOR CANCELLATION AND REGISTRATION OF TITLE DEED AFTER CADASTRAL DETERMINATION

There is a statute of limitations for objecting to the cadastral determination. After the period we mentioned above has expired, interested parties lose their right to file a lawsuit. However, in some cases, it is possible to file a lawsuit for cancellation and registration of the title deed. The lawsuit for cancellation and registration of the title deed is related to a fraudulent registration. The subject of this lawsuit is that the cadastral process is unlawful. As a rule, you can prove your claim of unlawfulness with any kind of evidence. In particular, the absence of a requirement for a document-based objection in this lawsuit provides significant ease for the plaintiff.

WHEN TO FILE A LAWSUIT FOR CANCELLATION AND REGISTRATION OF TITLE DEED AFTER CADASTRAL DETERMINATION?

The time limit for filing a lawsuit for cancellation and registration of the title deed against an unlawful cadastral process is also subject to the statute of limitations. As a rule, a lawsuit for cancellation and registration of the title deed must be filed within 10 years from the date of finalization of the records. You can file your lawsuit in the civil courts of first instance where the immovable property subject to the lawsuit is located. If this period is not observed, you lose your right to file a lawsuit.

For more detailed information on the objection to cadastral determination and the lawsuit for cancellation and registration of the title deed, you can contact us.

EXAMPLES OF DECISIONS REGARDING OBJECTION TO CADASTRAL DETERMINATION

“According to the explanation in the petition, the lawsuit is related to the objection to the cadastral determination.
According to the provisions of both the Law No. 766 and the Law No. 3402, in lawsuits for objection to the cadastral determination, the lawsuit must be directed against the persons for whom the determination record was drawn up in their favor. The lawsuit is in the nature of an objection to the cadastral determination made according to the additional Article 4 of the Law No. 3402. Since the determination owner is indicated as TREASURY and the user is indicated as … in the cadastral record of the immovable property subject to the lawsuit, the determination owner TREASURY and the user named in the declarations column … should have been shown as the defendants in this lawsuit. However, the lawsuit was filed against the cadastral office. It is evident that the plaintiff’s real intention is to sue the TREASURY, not the cadastral office, and since there is a clear case of misrepresentation in representation, this situation should be taken into account by the court ex officio and the plaintiff should be given the opportunity to direct the lawsuit properly to the real defendant, the TREASURY, and after including the determination owner TREASURY in the lawsuit, forming the parties and asking for their defense and evidence, the decision should be

made by evaluating all the evidence together. The failure to consider this is against the procedure and the law.”

20. Civil Chamber         2011/10040 E.  ,  2011/10587 K.

“In case of an objection to the cadastral determination record within the announcement period for one of the right holders, the record will not become final for other right holders until the objection is resolved. In this situation; since an objection was made within the legal period against the cadastral determination record of the immovable property subject to the lawsuit, the said record has not become final not only for the objector but also for all right holders.”

20. Civil Chamber         2016/10056 E.  ,  2016/11345 K.

“…in the concrete case, although the parcels numbered 3278 and 3279, on which the plaintiffs’ attorney based the compensation request, were determined in the name of the plaintiffs during the cadastral process carried out in 1999, the cadastral determination made in the name of the plaintiffs was canceled by the final decision of the cadastral court before the formation of a land registry record in the name of the plaintiffs due to the cadastral objection lawsuit filed by … . Moreover, considering that the owner of the land registry record number 41 dated October 1944, which is the basis for the cadastral determinations regarding the parcels subject to the compensation request, is not the plaintiffs but “… General Directorate of Foundations,” there is no land registry record or land registry for the parcels on which the plaintiffs’ attorney based the compensation request in favor of the client. As a natural result of this, the plaintiffs do not have any damage arising from or caused by the keeping of the land registry, so there is no error in the judgment of the court rejecting the lawsuit as written.”

20. Civil Chamber         2016/3281 E.  ,  2016/5875 K.

 

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