Declarations to the Land Registry: What do we do in 16 special cases?

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The process of submitting property declarations to the Land Registry continues in most parts of the country, and many problems are arising, as owners and experts are concerned about how to resolve a number of specific cases in order to submit property ownership declarations correctly.

We remind you that all owners (natural or legal persons) who have a real or other registrable right to real estate are required to submit a declaration.

Such rights are:

  • Ownership (full or bare ownership)
  • Servitude (e.g., usufruct from parental provision, habitation, passage, etc.)
  • Mortgage/preliminary note
  • Action and appeal
  • Seizure
  • Long-term lease
  • Time sharing
  • Real estate leasing
  • Mining rights
  • Transfer coefficient construction

1. PROPERTY FROM USER

At least two documents must be submitted, one of which must be 20 years old and the other less than 20 years old. An affidavit may never be used as the main document.

2. REAL ESTATE WITHIN AREAS OF APPLICATION

The beneficiary declares the final ownership, as specified in the Implementation Act. However, the title deed relating to the original ownership must also be presented in order to substantiate the beneficiary’s right. A note is also made in the comments regarding the number of the decision ratifying the Implementation Act. The land registry will then register as a right that which arises from the title of acquisition, while the owner will be registered in the New Plots of the Act in accordance with the ratification decision. If a contract has been signed after the Implementation Act, the Implementation Act is not registered as a title.

3. PLOT WITH CONNECTION

In the event that a contract for the purchase of registered land was signed after the Implementation Act, we must declare the right as the reason for acquisition as “sale” and note in the declaration that the contract concerns the sale and purchase of registered land.

4. NEW PLOT OF LAND FROM IMPLEMENTATION ACT

We declare the new plot of land granted by the Implementation Act by submitting the Implementation Act. The title of acquisition is indicated only by the number of the Implementation Act and the decision of the Prefect ratifying the Implementation Act.

5. HEIR OF THE PLOT OF THE RIGHT HOLDER BASED ON TABLE OF ACT APPLICATION

If the P.E. Table contains the full details of the original owner (name, tax identification number, address, and contract number), the declaration of ownership is submitted by the current owner as normal. However, if the Implementation Act does not contain the full details of the original owner, the declaration must be submitted, but the act must be corrected by filling in all the necessary details of the original owner. The correction must be made before the finalization of the land registry entries.

6. AGRICULTURAL LAND CROSSED BY NATIONAL AND PROVINCIAL ROAD NETWORKS WITHOUT APPROVED EXPROPRIATION

The definition of the provincial and national network in the relevant Government Gazette issues constitutes evidence of ownership in favor of the HELLENIC STATE. If 20 years have passed and no compensation has been requested, or if compensation has been filed and not collected within 10 years by the beneficiary, the “expropriation” is considered complete and the section occupied by the road will be declared as property of the Greek State.

7. PROPERTY DESCRIBED IN THE CONTRACT AS “ROOMAN OR FOREST LAND”

The term “forest plot” or “forest parcel” is found in many contracts. According to the Royal Decree of 1836 “on private forests,” the Greek State is considered to own any land that was forested at the time of its entry into force, except for those areas for which there was documentary evidence from the Turkish authorities that they belonged to private individuals, municipalities, or monasteries at the start of the struggle for independence. to individuals or municipalities and monasteries. Since pastures or grazing lands are considered forest areas, in order for a forest area to be classified as private, there must be a title from 1885.

8. HOUSING LOAN WITH MORTGAGE

The owner of the property declares their right of ownership and the lending bank declares its right to collateral security (mortgage, pre-notation).

9. AGREEMENT FOR THE TRANSFER OF USE OF AN APARTMENT BY THE O.E.K.

The OEK issued two types of concessions, permanent and temporary. In the case of a permanent concession, which has been registered with the land registry, this constitutes a title deed. In the case of a concession of use, this does not constitute a title deed. The OEK concession of ownership to the private individual is required in order for this to be declared.

10. PARENTAL SUPPORT WITH RETENTION OF FRUIT BY THE PROVIDER AND FOR HIS WIFE

In the case of a parental gift, where the usufruct is retained for the donor and his spouse, who is not a party to the parental gift agreement, the spouse submits a declaration of usufruct.

11. HOUSING

A life estate is a form of personal servitude that lasts for life, always. It is non-transferable and cannot be inherited, therefore it only applies to the specific person in whose favor it was established and has no percentage. The right of habitation may refer to a building, an apartment, or even a single room. In the event of transfer of bare ownership and retention of the right of habitation, we have a right of usufruct, which is declared in the land registry. It is not the same as the right of simple use of a building (contractual right), which is found in certain categories of concessions, in old contracts, and is not registered in the land registry. A similar right is CO-OWNERSHIP, with the difference that the beneficiary has the same rights as the owner.

12. THE RIGHT TO AIR (RIGHT OF ELEVATION)

The right of elevation is usually described in three ways in contracts:

  1. It is stated that there is a right of elevation without reference to the percentage of co-ownership of the entire plot or area in square meters, in which case no right is declared, but it is recorded as a comment in the divided ownership that accompanies it.
  2. It is referred to as such with a percentage of co-ownership in the entire plot of land without however area, and without a floor (extending to the entire permitted height), so and it is registered without the floor being indicated.
  3. It is referred to as a future apartment with a co-ownership percentage of the entire plot and at least one element of horizontal ownership is specified (number, floor, area), in which case it is declared as simple horizontal, regardless of whether it has been built or not, and a comment is written in the remarks that: “The divided ownership has not been implemented.”

13. PARKING SPACES

  1. A parking space which, according to the title, is an OPEN parking space on the ground floor/in the entrance hall/uncovered, or in general a common area to which millimetres are attributed. In this case, there is no right, because since 1993, this possibility has been abolished and previous recommendations of this kind have been declared unlawful.
  2. Unassigned parking spaces and other areas: areas that are provided for in the horizontal property constitution and are not appurtenant to any horizontal property (have not been allocated) are not registered as appurtenances of the horizontal properties.
  3. In the event that there is an initial establishment of divided ownership without parking spaces and subsequently parking spaces are established by contract, but these are not connected to any of the already established horizontal properties, then these parking spaces will be declared as an accessory to all the contracting divided properties and at the same time will be registered as a title to all the owners of the said divided properties, the contract establishing the parking spaces.

14. AGREED

Regardless of whether they are notarized or private agreements, they do not constitute titles and are not registered, with the sole exception of the transfer of ownership of agricultural land, which has been certified by the Magistrate’s Court. In this case, the right is declared by adverse possession, and the preliminary agreement serves only as evidence to establish the right of adverse possession.

15. DECLARATION ON REAL ESTATE THAT FALLS WHOLE OR IN PART WITHIN A CERTIFIED FOREST MAP

The declaration of ownership in these areas must be accompanied by a topographical map showing the exact location and boundaries of the forest or forest area, as well as all the necessary documents to substantiate the private individual’s right within the above-mentioned forest area.

16. TRANSFER OF BUILDING COEFFICIENT

The owner of the beneficiary property, as the beneficiary, is obliged to submit a declaration when the area in which it is located is declared subject to cadastral registration. However, if the right to transfer the building coefficient has not yet been linked to a specific “beneficiary” property, then the owner of the encumbered property (or a third party to whom this right has been transferred) when the area in which the encumbered property is located is declared subject to cadastral registration.