Land Registry: Clarifications regarding extensions, supporting documents, and declarations

We are in the process of collecting property declarations for the compilation of the Land Registry in most of the country, and the turnout of citizens to submit declarations is low. This is largely due to the poor economic situation, the lack of title deeds, the difficulty of invoking adverse possession, and the lack of modern topographical maps for demarcating property on the cadastral map. In order to continue the cadastral survey and make it easier for citizens to submit property declarations, the competent authority “HELLENIC LAND REGISTRY” issued an official DECLARATION GUIDE with the required supporting documents for each case, e.g., inheritance, adverse possession, and proceeded with the possibility of a 6-month extension for the collection of declarations. It also issued a clarifying announcement, simplifying the procedures and easing the requirements for property declarations with special arrangements for issues of adverse possession, inheritance, and property location, so that declarations can be submitted provisionally on time, the fee can be paid, and the declarations can be completed with all the necessary supporting documents at a later stage. In order to inform property owners, we provide answers and clarifications to the basic questions that arise, which are as follows:

What happens with the extensions?

✓ According to the law, the deadline for submitting declarations is three months for residents of Greece and six months for residents abroad and the Greek State, with the possibility of extending the deadline for domestic residents by another 3 months, i.e. until the expiry date for foreign residents. To date, the state has granted extensions for all cadastral areas with a cut-off date of 6 months.

✓ Beyond the 6-month period, with a recent decision by the “HELLENIC LAND REGISTRY” granted a three-month extension to the deadline for submitting declarations only for residents abroad and the Greek State, in all areas of the country that are in the process of collecting declarations in 2019.

✓ For residents of Greece, a legislative provision has been passed that allows the Hellenic Cadastre to grant an extension of up to six months in addition to the current six-month period. Whether an extension will be granted and for how long in each cadastral survey will be decided on a case-by-case basis, taking into account the progress of the declarations as well as the particularities and problems faced by each region.

✓ Because the dates for the areas being surveyed vary, often even within the same prefecture, each interested landowner should check the deadlines for submitting cadastral declarations only on the website www.ktimatologio.gr, in order to be fully informed about the extension that applies to their area.

What happens with the declaration of cause of acquisition of inheritance, but without acceptance?

Beneficiaries who have inherited property from their ancestors for which they or their parents have not drawn up and registered a deed of acceptance of inheritance may submit a declaration to the land registry, submitting the documents proving their inheritance rights, even before the deed of acceptance of inheritance has been drawn up. Specifically, the following are required: death certificate, certificate of closest relatives, certificate of non-renunciation, title of acquisition of the deceased, if any, and

a) In the case of a will, a copy of the published will and a certificate stating that no other will has been published, or

b) in the absence of a will, a certificate of non-publication of a will.

Since the issuance of some of these documents may be delayed due to the workload of the competent services, beneficiaries may submit their declaration, accompanied by any form of proof of submission of the relevant application, such as a simple photocopy of the registered application. In this case, they must undertake to submit the necessary document as soon as it is issued.

When the declaration of rights is made with the cause of acquisition usucapion?

The HELLENIC LAND REGISTRY, aware that a large part of Greek land has been acquired through adverse possession, which can be proven when submitting declarations, calls on beneficiaries to submit at least one piece of evidence or document with their declaration showing continuous and uninterrupted possession for twenty years, such as:

a) notarial documents, e.g. preliminary agreement for the transfer of real estate, deed of recognition of boundaries by neighboring owners, contracts of neighboring owners referring to the declarant as the owner of the declared real estate,

b) proof of payment of fees or utility bills in the owner’s name,

c) leases showing the beneficiary as the lessor,

d) sworn statements in which witnesses confirm twenty years of ownership and possession of the property declared by the beneficiary,

e) documents granting the subsidy to the beneficiary, showing that he was treated as the owner of the property to which the declaration relates.

For fields subsidized by OPEC?

Instead of submitting subsidy application documents, the beneficiary may submit a relevant solemn declaration, authorizing the Hellenic Cadastre to cross-check the content of the solemn declaration with the data held by OPECEPE.

By submitting sworn affidavits of adverse possession?

With regard to sworn statements, any delay in their preparation due to the workload of the competent authorities does not constitute grounds for late submission of a declaration of ownership. Beneficiaries may, after making a solemn declaration when submitting their declaration, submit these certificates as soon as they are drawn up.

What happens when the property is not declared in the E9 form?

For properties that owners do not declare on Form E9, they are required to amend the E9 form and notify the tax authorities of the correct descriptive details of their properties, as these appear in the declarations submitted to the National Land Registry, by submitting late amended E9 declarations to the TAXISnet system.

Can the topographical survey be submitted later?

Citizens who do not have a topographical map and find it difficult to locate their properties using the electronic service for viewing the cadastral background can, provided they know the location and boundaries of their property in the countryside or with the help of someone who knows them, use the electronic property location application via a a “smart” mobile phone, to obtain a location file which they will submit with their declaration.

In cases where citizens intend to submit a topographical diagram but its preparation is delayed, they may submit their declaration in a timely manner, but they must make a solemn declaration that they will submit the topographical diagram as soon as it is drawn up, so that their declaration can be processed.

What do we do when we don’t have a transcript?

If no transcription certificate is available: either request it from the Land Registry Office, or if the transcription details (volume, number, date of transcription, etc.) are known, they are simply entered in the relevant field of the declaration (note: the details can be researched by a lawyer at the Land Registry) and then the certificate is submitted to complete the declaration.

When has vertical or horizontal ownership been established for the property?

For a more complete and accurate registration of the declaration, a simple photocopy of the divided ownership certificate may be submitted (in the case of horizontal or vertical ownership).

Do we register an email account?

Filling in your email address is particularly important because throughout the cadastral survey process, the Cadastral Survey Office will communicate with citizens and send them all relevant correspondence via the email address provided (e.g. information about the pre-posting).

What is a certificate of timely attendance?

Owners who have not gathered the required supporting documents, either through their own fault or through the fault of the services involved (such as contracts, topographical surveys, etc.), will be able to visit the cadastral offices before the deadline for submitting declarations, where their timely arrival will be certified through a specific procedure and an appointment will be set at a later date in order to gather the necessary supporting documents and submit their declarations without hassle, once they have gathered all the necessary information. This procedure is recorded in the electronic cadastral registers, the owner receives a certificate of timely submission, and the declaration is considered TIMELY.

Is it possible to submit a declaration electronically?

For residents abroad and those who are unable to visit the cadastral offices in their area or wish to avoid the inconvenience of waiting, it is possible to submit an electronic declaration on the website (http://www.ktimanet.gr/CitizenWebApp/home_P age.aspx.). You can log in to the online application using your Taxisnet codes (tax codes), and the accompanying documents and plans are attached to the declaration in electronic form.