Action for Cancellation of Title Deed and Re-registration: Conditions, Time Limits and Procedure

An action under TMK m.1025 seeks to correct a wrongful entry so that the register reflects the true position of in rem rights. It protects an existing right and should not invariably be described as creating a new one.

Wrongful registration may result from simulation, mistake, fraud, duress, lack of capacity, or unauthorised transactions. Regardless of the cause, the essential condition for bringing the action is that the claimant can prove a protected in rem right.

The Civil Court of First Instance generally has subject-matter jurisdiction. Special rules may instead assign the dispute to a consumer, family or cadastral court depending on its legal basis. HMK m.12 gives exclusive territorial jurisdiction over rights in an immovable to the court where it is located.

A claim to correct the register based on ownership is generally not subject to limitation. Separate deadlines tied to the ground relied on must nevertheless be checked, such as the one-year period under TBK m.39 for defects of consent and the ten-year bar under Article 12/3 of Law No. 3402 for grounds predating cadastral determination. Acquisition by a bona fide third party under TMK m.1023 may also prevent recovery.

Ordinary acquisitive prescription (TMK m.712) is ten years, and extraordinary acquisitive prescription (TMK m.713) is twenty years. The commencement and computation of these periods depend on the facts of the case.

Bona fide third parties who have acquired ownership in reliance on the registry are protected under TMK m.1023. Accordingly, if after a wrongful registration the immovable has passed to a bona fide acquirer, the true right-holder may be unable to obtain correction of the registry.

Compensation from the Treasury under TMK m.1007 requires a loss arising from the keeping of the land register and the applicable liability conditions. Inability to recover a property does not by itself establish State liability in every case.

Real-estate disputes should be reviewed first on the basis of the land registry, encumbrance records, municipal and zoning status, actual use, and the payment records between the parties. In particular, in matters concerning deed cancellation, eviction, partition and condominium ownership a single document is rarely sufficient; official records must be assessed together with the factual situation.

Before commencing an action or transaction it is essential to identify time limits and the competent authority correctly. The court of the place where the immovable is located, the form requirements before notaries, land-registry procedures, dates of notices and service records can directly affect the course of the dispute.

When preparing evidence, the deed, official deed, lease, bank receipts, formal notices, building permits, management plans and other technical documents that may be subject to expert review should be filed separately. Such preparation enables a clearer legal framework both when filing an action and in settlement discussions.