Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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land-registration and title disputes in Iran

land-registration and title disputes in Iran

land-registration and title disputes in Iran They relate to disputes arising from the process of public property registration, delimitation, issuance or amendment of the title deed, conflict of documents, easements, partition, arrest and enforcement operations of the registration.

Depending on the nature of the dispute, these cases may be handled by the Registry Office, Supervisory Board, Supreme Registration Council or court General Legal Office; therefore, identifying the type of defect and the competent authority, is the first step in the case.

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What are property-registration disputes?

Registration disputes are a set of disputes related to the public registration of property, delimitation of the boundaries of registered ownership, ownership documents, registration errors and conflicts, easements, division and registration enforcement operations. The nature of each dispute determines whether the proceedings should be conducted in the registration office, the supervisory board, the Supreme Registration Council or the KA.

Reviewing the case and registration history

Main and secondary license plates, Real estate office, Registration file, Circular and restricted notices, Minutes of the meeting, restriction of boundaries, Transfers, Arrests, Mortgages and opposing documents should be examined to determine the origin of the dispute and the current status of the property.

Reviewing documents and the history of property-registration disputes

Correction or judicial invalidation of an official instrument

Error in the description of the property or owner, Conflict of documents, Issuance of a document contrary to the rights of individuals or an error during registration may create grounds for the amendment or cancellation of the document. Amendment of a document is not the same as its cancellation, and the type of error, The competent authority and the appropriate request must be determined before taking action.

Authorities competent to hear registration disputes

Not all registration disputes are directly raised in court. Some errors and disputes are within the jurisdiction of the , Registration Office, the Supervisory Board or the Supreme Council of the Registry, while others, such as the cancellation of a document or the proof of an opposing right, require judicial review on a case-by-case basis.

Usual stages in reviewing a registration case

Identifying the cadastral parcel and registration history

The registration plate,, the registered owner's area, and the registration file circulation are extracted and reviewed.

Collecting documents and official inquiries

Ownership documents, Contracts, Plans, Inquiries, Advertisements and previous decisions are collected.

Identifying the type of defect and the competent authority

It is determined that the subject of the registration error, conflict, cancellation of the document, objection to the registration operation or judicial dispute.

Choosing the appropriate application or legal action

Based on the nature of the dispute,, an administrative request or legal petition is prepared with a precise request.

Related topics

Frequently asked questions

No; Depending on the type of dispute, the , Registration Office, , Supervisory Board, , Supreme Council of Registration or court General Legal Authority may be the competent authority. Correct identification of the authority before filing a request or lawsuit is of fundamental importance.
Yes; if the issuance of the document is contrary to the law or the rights of individuals and its legal cause is proven by the competent authority,, it is possible to revoke or amendofficial or authentic instrument under Iranian law.
Title deed, Bench and contracts, Inquiries, Map and sketch, Registration file records, Circular and restrictive notices, Previous votes and documents related to the transfer or detention must be examined on a case-by-case basis.
The amendment of a document is usually requested to correct errors or defects that can be corrected; but the cancellation of a document is requested when the original issuance or validity of the document is challenged for legal reasons.
Type of error, Real estate registry records, How the document was issued and the existence of a document or opposing ownership must be examined to determine whether administrative correction, registration objection or legal action is necessary.
The deadline and the authority for objection depend on the type of registration operation and the stage at which the case is. Registration notices, The registration file and the title deeds must be examined.

Methods of contact

Contact us for advice and follow-up of the case through the following ways