Should real estate rights, interests and transactions be registered ?
Registration is obligatory for:
Leases for a term of nine years or more are also registered to protect the lessee’s rights in case the property is sold. A lawsuit claiming property rights must also be registered, otherwise it will be dismissed by the court without prejudice.
What are the documents required for proceeding to the Cadastre registration? Can the process be completed electronically?
For registration in the Cadastre, a formal application must be filed along with supporting documents.
Depending on how the property ownership was acquired, supporting documentation needed may differ. The basic documents, however, include the following:
• Application Form – online or hard-copy when physically submitted
• Title Ownership – photocopy or scanned when submitting online
• Topographic diagram or site plan
• Greek Identification Card or Passport Information
Electronic submission is also available. The rights holder must pay the required fee (€35 for each specific right or €20 for auxiliary spaces), as well as an additional amount after registration (depending on the property tax value).
It is essential to indicate the location of your property, and if recent topography surveys with coordinates are not available, you can visit the official website www.ktimatologio.gr to identify your property..
What rights in land properties should be registered (or not) ? Is there a state guarantee of title?
In Greece, all land properties are required to be registered at the local Land Registry or Cadaster Office. Moreover, foreign property owners or potential property buyers of such properties should be aware that Greek law recognizes no state guarantee of title. Nevertheless, registration produces an irrefutable presumption as to the owner of the property.
Are rights to land and constructions on the land legally separable?
Under the property law in Greece, land and constructions are not separated, with the following significant exceptions:
• horizontal/vertical properties (ie, joint ownership in land and common spaces and separate ownership in buildings, usually block apartments)
• surface rights (where the beneficiary of the right does not own the land but has full powers over it).
Is the title deed registration compulsory and if yes, why?
Any individual or legal entity with real estate property rights of any kind (including is obliged to register their rights to the Ktimatologio (Hellenic Cadastre). All persons/entities who manage real estate properties that are not their own (e.g. a will administrator, a bankruptcy trustee, a vacant succession administrator, a will executor, a real estate property administrator etc.) are also obliged to submit a declaration.
The Greek Civil Code provides for the general conditions under which a deed is registrable in the Land Registry. However, special laws and regulations also take place for the registration of specific categories of acts.
As a rule of thumb, a deed is registrable when it creates, modifies, transfers or establish property rights on an immovable property. Unless stipulated otherwise by law, other contractual agreements valid between parties (“inter partes”) involving the use of land are not, in principle, subject to registration.
Registration in the Land Registry is a necessary precondition in order for the property transaction to produce proprietary (legal) effects ‘erga omnes’.
In this respect, registration has significant force to claim ownership.
Greek Property owners that fail to register on time will lose their rights. The Greek government after the respective deadline lapse will be entitled to ownership rights for any ‘unknown’ property that has never been declared.
Can the Land Registrar decide not to register a property because of a problematic deed?
The Land Registrar performs a holistic legal assessment of the presented property deed and decides whether the deed fulfil the criteria set by law in order for it to be registered and to produce legal effects erga omnes.
However, in case the Land Registrar – according to his/her assessment outcomes – decides that the deed should not be registered, he/she rejects the deed within the next 24 hours by means of a written justified act subject to a court appeal by the interested party.
How can I find out how much my registration fees will be?
Once registered, property deeds are book-bound and stored in the Land Registry. All Land Books exist in paper format form. To ensure the integrity, accuracy, authenticity, and reliability of the general indexes and the personal records these data are also kept in electronic format.
Registrations are made upon payment of special registration fees prescribed by law. Depending on the type of the deed to be registered there are standard fees and proportional fees with reference to the value of the transaction.
What information is recorded in the Cadastral books?
Recorded information includes:
The information contained in the Cadastral books is publicly available.
Requesting certified copies of the registered acts
Any interested person may obtain information from the Land Registry without having to prove specific legitimate interest. Upon request and after the legal fee has been paid, the Registrar issues certified copies of the registered acts, as well as a series of certificates.
The certificates are issued in paper form, since so far the law has not provided for electronic issuance and signature of the certificates. Apart from the certified information one can obtain from the Land Registries, there is also the possibility for on-the-spot queries.
In which way the property owners of registered real estate assets prove their ownership title in Greece?
Ownership certificates are issued by the competent Land Registry or the local Cadaster Office. Registration of real estate deeds can be proved by a recent certified copy of the title deed by the Land Registry or Cadaster Office.
Likewise, a lawyer has the competency to certify the ownership of a real estate asset after performing due diligence to the relevant registries.
The materials presented in this section are distributed by ARENCORES – Chania Real Estate as an information source only. While every effort has been made to ensure the accuracy and completeness of the information, no guarantee is given nor responsibility taken for errors.
As the information is for general use and not intended to serve as advice, no warranty is given in relation to the accuracy, reliability or appropriateness of any information. The information does not constitute professional advice and should not be relied upon as such. Users are therefore encouraged to consult with their chosen professional advisers before making any decision.
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