On the Correction and Cancellation of Erroneous Property Titles

“After years of lengthy proceedings, the property title for the returned land was finally issued. However, during the preparation of the documentation required for cadastral registration, it was discovered that there was an error in the plot and parcel numbers. What can be done in such cases?” asks our reader, H.K.

In practice, it is common for property titles (titlu de proprietate) issued by county land distribution committees to contain incorrect data or typos, particularly regarding the plot or parcel number.

According to the new Regulation on the authorization, acceptance, and cadastral and land registry recording, approved by the 2014 Director’s Order No. 700 of the Cadastral Office, property titles containing errors can be corrected directly at local land registry offices. In many cases, the error can be remedied through an administrative procedure, without the need for a court decision.

The land registry office, based on a decision by the county committee, may correct or modify the property title if the error involves the owner’s name, personal identification number, residence, plot or parcel number, neighboring plots, parcel areas, or other data that do not affect the owners’ rights or the total area of the returned land (e.g., correction of the property title number, issue date, etc.).

The interested party may submit a request to the local land distribution committee at any time, as the procedure has no deadline and is exempt from fees. The local committee forwards the request, along with attached documents (original property title, notarized declarations, reports, etc.), to the land registry office. After review, the office provides a report recommending the county committee make the necessary corrections.

If the administrative procedure proves unsuccessful, one may request, through litigation, the partial or total annulment of the property title and compel the county land distribution committee to issue a new title reflecting accurate data.

The judicial procedure is free of charge and relatively quick, as it only requires proof that the data on the property title are erroneous and that no other individual has been granted ownership of the land identified by the correct data. Evidence for this includes a certificate from the mayor’s office and an expert topographical report containing the actual data of the land, specifying the correct plot and parcel numbers. During the proceedings, the court sends a request to the land registry office, which then confirms in writing that no other person has been granted ownership of the land identified by the correct plot and parcel numbers.

If the above evidence supports the facts and legal circumstances we have outlined, the court will grant our request and require the county committee to issue a new, corrected property title. Appeals against the first-instance decision can be filed within 30 days.