Land registry correction lawsuit

The lawsuit for the correction of the land registry refers to a type of legal action brought to rectify unlawful entries in the land registry. Such irregularities may either originate at the time of registration or arise subsequently. Situations in which the irregularity exists from the outset may include legal incapacity, non-compliance with formal requirements, or sham (collusive) transactions. Cases where the irregularity arises after the registration may involve defects of will (such as misrepresentation, duress, or mistake) or exploitation of one party's weakness (lesion beyond moiety). Since unlawful (irregular) land registry transactions are not exhaustively listed by the legislator, additional examples may be encountered. In cases where the land registry entry is either unlawful from the outset or subsequently becomes unlawful, and unless the legislator has provided for a different legal remedy, such cases may be subject to a lawsuit for correction of the land registry. A correction lawsuit is characterized as a real action (action in rem). One of the consequences of this nature is that, as a rule, it is not subject to any limitation or prescription periods. Furthermore, a correction lawsuit does not affect the actual (de facto) possession of the immovable property but rather results in a change in the registered (de jure) ownership. Similarly, the court's decision in such a case is declaratory in nature, not constitutive. A correction lawsuit is brought by the holder of a real right whose legal interest has been harmed due to an unlawful land registry entry, and in certain cases, by a holder of a personal right. The defendant is the beneficiary of the unlawful registry entry who has gained a legal advantage as a result of it. This person bears the burden of proving that the registry entry in question is unlawful. The claim may be proven either with conclusive evidence or with discretionary (evaluative) evidence admissible under civil procedure. The competent court is determined based on the nature of the claim, either by general jurisdiction or subject-matter jurisdiction. In any case, the court with territorial jurisdiction is the court where the immovable property is located.