State Liability Arising from the Land Register

Real Estate and Property

Prepared by: Constantinople

Where maintenance of the land register causes damage, State liability may arise alongside a rectification action. However, not every financial loss connected with title is automatically compensated on this basis.

Connecting Register Maintenance and Damage

Article 1007 TMK regulates State liability for damage arising from maintenance of the land register. The claim must explain the registry act, alleged damage and causal connection. Loss arising from register maintenance should not be confused with the seller's breach, a representative's conduct or another source of damage.

Occurrence and Scope of Damage

Cancellation of an entry, finality of the loss of rights, the property's features and the applicable valuation method are examined according to the file. Damage not yet being definitive, or the possibility of recovery through another route, may affect the claim's structure. A current asking price or historical purchase price does not establish compensation in every case. Technical and legal assessments must be made together.

Parties, Court and Time Limits

The defendant and appropriate representation for a claim against the State are identified; subject-matter and territorial jurisdiction and applicable time limits are checked separately. The law specifies the court where the register is located for State liability proceedings. A title action and compensation action should not be assumed to share identical requirements or starting dates.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Registry transaction file
• Title cancellation or rectification decisions
• Finality and service records
• Acquisition and payment documents
• Records showing damage and the property's characteristics

Why Do the Particular Circumstances Matter?

For example, when property acquired in reliance on the register is later lost, the legal cause of loss and its relationship to register maintenance are investigated first. A title cancellation judgment does not remove the need to prove each claimed head of damage separately.