Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi

Öz

The Turkish Civil Code adopts the land registry system. In this system, the duty of indicating the real rights in rem on immovables to third parties is fulfilled by the registrations in the land registry kept by official officials. Within the scope of this duty, some legal and actual relations affecting the legal status of immovables are also recorded in the land registry. Thus, the land registry, within the framework of its main purpose, mediates the realization of the principle of publicity in immovable and shows the rights on immovable to third parties. The principle of publicity of the land registry is closely related to the principle of trust in the land registry and the principle of state responsibility for the maintenance of the land registry. Additional Article 3 of the Land Registry Law titled "correction of share errors in the land registry", which entered into force on 10.07.2019, and the circular dated 23.07.2019 and numbered 2019/7 (1801) of the General Directorate of Land Registry and Cadastre, Land Registry Department, contain regulations that directly concern these three principles. Additional Article 3 of the Land Registry Law authorizes the land registry directorates to correct share (share ratio) errors in the land registry or condominium registry ex officio, without the consent of the shareholder. These provisions appear as another example of regulations that exceed the principle that the legal order should be unified with a harmonious uniformity within itself. In this study, Additional Article 3 of the Land Registry Law will be examined within the framework of the principles of publicity, trust in the land registry and the responsibility of the state for the maintenance of the land registry, and the status of this provision in the face of Article 1027 of the TCC, which regulates the correction authority of the land registry officer, will also be examined.