State liability, compensation, and recourse issues arising from changes in the registered areas of cadastral parcels: a legal investigation

Cadastral updates in Türkiye have led to changes in registered parcel areas, raising compensation claims under the state’s liability as defined in Article 1007 of the Turkish Civil Code. These discrepancies, particularly in high-value properties, have caused increasing legal disputes. Although the General Directorate of Land Registry and Cadastre conducts updates using lawful authority and contemporary technical methods, approximately 70% of cadastral maps are analog and contain inherent measurement errors. A parcel area is a geodetic value influenced by factors such as measurement techniques, earthquakes, and datum transformations. Some discrepancies fall within acceptable error margins, whereas others result from significant mistakes and may warrant compensation. Judicial perspectives have evolved, especially following key rulings by the Turkish Constitutional Court and the European Court of Human Rights, which recognized the potential liability of the state. Nonetheless, not every area reduction justifies compensation. A legal and technical distinction must be made between normal variations, defined as discrepancies within allowable measurement tolerances, and errors attributable to state faults. This study examines the legal framework and geodetic principles relevant to cadastral discrepancies and proposes objective criteria to determine when compensation is appropriate to balance property rights with public interest in accurate and reliable land records.