Petition for Compensation from the State for Damages Arising from Erroneous Maintenance of the Land Registry

TO THE DUTY PRIMARY CIVIL COURT

ISTANBUL

PLAINTIFF: Name Surname, Turkish Republic Identity Number, Address

REPRESENTATIVE: Lawyer [First and last initials] – [General location information]

DEFENDANT: Treasury of the Ministry of Finance

SUBJECT: Compensation for Damages Arising from Erroneous Land Registry Records (Unspecified Claim Lawsuit)

VALUE OF THE CLAIM: [As stated] TL

EXPLANATIONS:

1. The client is the actual owner of the immovable property numbered [Immovable property, plot number], described as [General description of the immovable property]. (Appendix-1, Land Registry records)

2. On [date of the fraudulent sale], the client's property was improperly transferred to others using forged identities and documents. During these transactions, the Land Registry Office did not exercise due diligence and did not properly verify identities and documents.

3. The client learned of this situation on [Date of Determination] and filed a lawsuit for cancellation and registration of the title deed. The court accepted part of the lawsuit and ruled for the cancellation of the title deed for some of the defendants. However, the share of the property [as specified] is still registered in the names of third parties.

4. The Land Registry Office has acted negligently in this case. No basic investigation was conducted to detect forgery, and even fundamental precautions such as comparing signatures and photographs were not taken. My client has suffered harm due to this negligent attitude.

Article 18 of the Land Registry Regulation No. 5150 clearly sets forth the obligation to exercise due diligence in accurately identifying the rightful owner in land registry transactions. In this case, the Land Registry Office failed to fulfill this obligation.

According to Article 1007 of the Turkish Civil Code, the State is responsible for damages arising from the erroneous maintenance of the land registry. In this case, my client suffered material damage due to the negligence of the Land Registry Office. These damages include the costs of the land title cancellation lawsuit, attorney fees, and the decrease in the value of the property.

As stated in the decision of the 5th Civil Chamber of the Court of Cassation dated May 20, 2013, numbered 2013/3764 and 2013/9934, Article 1007 of the Turkish Civil Code No. 4721 holds the State responsible for all damages arising from the maintenance of the land registry. This responsibility is not based on fault; even if the land registry officer is not at fault, the State is obliged to compensate for any damage caused to the property rights of individuals during the maintenance of the land registry.

Similarly, in the decision of the 4th Civil Chamber of the Court of Cassation dated March 31, 2009, numbered 2008/8835 and 2009/4694, it was stated that if a person who is not the true owner is allowed to carry out a transaction in the land registry due to the failure to conduct the necessary examinations and controls during the land registry process, the State will be held responsible for the resulting damage.

 7. Supreme Court rulings, as in this case, clearly confirm the State's responsibility in cases where the land registry is kept incorrectly.

8. The existence of a causal link between the transaction and the damage will bring the State's responsibility into question.

In its decision numbered 2011/13660, 2011/14621, dated December 13, 2011, the 20th Civil Chamber of the Court of Cassation stated: “According to Article 1007 of the Turkish Civil Code No. 4721 (Article 917 of the Turkish Civil Code No. 743), the state is responsible for all damages suffered by a person due to the incorrect keeping of the land registry. The amount of compensation should be equal to the actual damage suffered by the title holder due to the cancellation. Actual damage is the decrease in the title holder's assets due to the cancellation of the land registry record. The amount of compensation should be such that the damage can be restored to the same state as the injured party's assets would have been if the damaging act had not occurred.”

Consequently, the expenses and costs incurred due to the land registry cancellation and registration lawsuit, as well as any interest paid on these expenses, must be recovered from the defendant treasury.

9. In order to fully determine the extent of the damage suffered by our client, we request an expert examination to determine the value of the property.

We also request that the necessary documents be obtained from the relevant land registry office and municipality for the valuation of comparable properties.

1. EVIDENCE: 1. Land registry records, 2. Supreme Court Decisions [Case No.], [Decision No.], 3. On-site inspection, 4. Expert examination, 5. Witness testimonies and other legal evidence.
2. LEGAL GROUNDS: Turkish Civil Code No. 4721, Article 1007 and other relevant legislation
3. CONCLUSION AND REQUEST: For the reasons explained above, we request that the case be accepted
4. Requesting the land registry records for the property in question from the land registry office
5. The relevant land registry office should be asked to provide comparable sales of properties with similar surface areas and around the same time as the valuation date in the area where the property in question is located
6. The per square meter values ​​of the properties to be considered as comparables, which are used as the basis for property tax as determined by the Land Square Meter Market Value Appraisal Commission on the valuation date, should be requested from the relevant Municipality's Property Tax Office
7. We request that our rightful claim be accepted, that the damages arising from the erroneous keeping of the land registry be determined and collected from the defendant, and that, reserving our right to claim further damages, the defendant be ordered to pay [As stated] TL in material compensation, along with legal interest accruing from the transaction date [Date]

I respectfully request and demand that the court order the opposing party to pay the court costs and attorney's fees.

Plaintiff's
Attorney's Name and
Surname