The time credit, whose duration is estimated to be one year, concerns the 21 regions whose deadline expired in 2017, but also the 14 regions that expired between October 2 and November 19, 2018. In these regions, they have, according to law, the first registrations are finalized and now one more opportunity will be given to make the necessary corrections, so that they do not go definitively to the State.
The municipalities
Among others, municipalities of Attica are included, such as Vrilissia, Melissia, Elefsina, Gerakas, Nea Peramos, Nea Smyrni, Rentis, Neo Psychiko, but also other areas such as: Thessaloniki, Aitoloakarnania, Argolida, Arcadia, Arta, Achaia, Drama, Patmos, Evros, Evia, Zakynthos, Ilia, Imathia, Thesprotia, Kavala, Kastoria, Kefallinia, Kilkis, Kozani, Cyclades, Laconia, Larissa, Lefkada, Messinia, Xanthi, Pieria, Preveza, Rhodope, Trikala, Fthiotida and Florina.
The latest figures show that the number of properties that appear as “Unknown owner properties” or have been declared with errors amounts to 140,000, of which approximately 35,000 are buildings.
According to what the surveyor, urban planner – engineer Grammati Baklatsi explained to the “Free Press”, “in most areas the mapping of the properties was problematic and the cadastral studies have many errors. This has the effect of leading citizens to numerous legal proceedings in order to correct inaccurate land registrations.
Complicated procedures
As he points out, “these procedures are not at all easy, they are time-consuming and complicated, they require a lot of costs, they require the cooperation of lawyers – notaries – bailiffs – engineers – accountants (to create titles, topographic maps with coordinates, notifications of lawsuits, etc.) and this whole labyrinthine process has led to the existence of an even greater percentage of mistakes and errors concerning the functioning Land Registry”.
Who does it concern?
The measure of extension concerns all owners, (heirs, expatriates and those with incorrect registrations, etc., as well as those who lack a title deed and own real estate with usufruct), who acquire the possibility to proceed with the necessary corrections or exercise , where required, remedies to not designate a property “Unknown Owner”.
What does the closing of entries in the Land Registry practically mean?
Practically, this means that if the registrations are closed and they are final and are in a certain name, then it remains in that name or if a property appears “Unknown owner” and remains “Unknown owner” after the registrations are finalized, it becomes the property of the Greek State and that doesn’t change.
Can a contract (sale, parental support, acceptance of inheritance, etc.) be made in the interim period for the correction of the original records?
Yes, a contract is made, because as defined by the law, the first entries are indicative and are subject to correction during the period of time provided to the beneficiaries, which starts from the opening of the cadastral office.
How to fix “Unknown owner”?
The procedure for correcting the initial entries with an irrevocable court decision applies in the following cases:
If it is a question of ownership dispute, i.e. the property has been registered in the Land Registry in the name of a third party or in favor of the Greek State, which does not consent to a request to correct an obvious error. In this case, it is necessary to file an action (recognition or claim) before the competent Court.
Therefore, if it is a property marked “Unknown owner”, i.e. a property that for whatever reason was not declared during the land registration, which does not fall under the categories of correction of a manifest error and the consent of the State is required. In this case, the simple and short court procedure of “Voluntary Jurisdiction” can be followed, by which an application is submitted before the Land Registry Judge in the Single-Member Court of First Instance of the location of the property and the court decides without litigation.
If it is a property marked “Hellenic State” it must be requested, with a lawsuit before the competent Court of First Instance, for the recognition of the right violated by the inaccurate registration and the correction, in whole or in part, of the first registration.
DIGITAL APPLICATION
The steps for the simple declaration
For the convenience of citizens, the Ministry of Digital Governance and the Hellenic Land Registry have activated a new digital application at the address through which all citizens can register their property, without requiring an engineer and surveyor costs, as long as they agree with the demarcation they see on the map , or there is a reasonable deviation.
The entire property declaration process is completed through 4 steps:
First, the user visits their new environment either directly or through redirection from the Digital Map and connects with taxisnet codes. He then selects create new statement.
Second, the user sees their personal information pre-filled and fills in what is missing. There is also the alternative of declaring a power of attorney and accepting through a responsible declaration the validity of the declaration of his property and the relevant information.
Third, he selects the type of property and locates his parcel on the digital map that appears.
He will then need to complete his application form and upload to the application the accompanying documents documenting his ownership.
If he does not agree with the demarcation of the map, he can either post a survey, or draw the outline of his plot on the map himself.
Fourth, the user completes the submission of a statement and will soon come to the declared e-mail of the notification of the payment of the fee.
Alternatively, if he does not want to digitally register his property right, he can visit the Land Registry Office and locate his plot with an employee.
COST
The land registration fee
For each registrable right declared in the Land Registry, a fixed land registration fee is paid by the declarant. This fee is set per right at 35 euros for main space (apartment, shop, plot with building, undeveloped plot, plot of land, etc.) and at 20 euros for auxiliary spaces (parking or warehouse), which are independent horizontal properties ( when the contract for these spaces defines a percentage of ownership on the parcel of land and they are not described in it as monitoring of divided properties). In rural areas (i.e. outside the plan and outside the boundaries of settlements) natural persons who have more than two registrable rights (ownership or servitude) within the same pre-Kapodistrian OTA, pay fixed fees for only two registrable rights, regardless of the total number of these .
When there is more than one beneficiary, the co-owners of the property are required to declare ownership according to their percentage and each pay the fixed land registration fee.
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