When is it legal to divide a plot of land/agricultural land?

The division of real estate, i.e. the fragmentation of a property into smaller parts and their transfer to third parties, is a common practice in Greece, despite the passage of relevant laws over time prohibiting the division of agricultural property with the obvious aim of making it more profitable for agricultural use. Thus, there are many cases where the division was not carried out legally, creating many legal and urban planning issues.

The issue of illegal subdivision is also highlighted to a large extent by the process of declaring properties in the land registry.

Thus, many owners are shocked when they discover that their land is not autonomous, but that they are joint owners of a larger property, and simply have exclusive use of a specific section of land.

However, it should be clarified that the division of a plot of land and its buildability are two different concepts that do not necessarily coincide. For plots within the plan, the rule is that subdivision is not permitted if the plots resulting from the subdivision (new and old) do not meet the buildability requirements applicable to the specific area. On the other hand, the issue of buildability for plots of land or inherited plots outside the plan is something completely different.

 

What is segmentation?

Property division is defined as the process whereby the owner or co-owners of a property detach a divisible part of their property and transfer it to a third party. In this way, the continuity of their land ceases and both the designation of “single” and the independent character of their property are abolished.

 

What applies to subdivisions in areas outside the plan?

1) It is prohibited to divide properties into plots smaller than 1,000 square meters when they are located within a radius of 500 meters from the boundaries of a settlement (city perimeter zone). Please note, however, that this provision applies to old city plans (1923-1983).

2) Subdivision in Residential Control Zones (Z.O.E.) below the minimum plot size limits applicable to each area, e.g. 20 acres for the unplanned area of Attica, is prohibited.

3) Subdivision below the minimum size limits is prohibited in areas specified in accordance with the approved General Urban Plan (GUP) or Local Urban Plan (LUP) of the local authority.

4) It is prohibited to divide a large area into sections of 4 acres, unless each 4-acre plot also has a 25-meter frontage on a recognized public road. It is not permitted to create roads between them today, because the road must already exist. The public roads to which this provision applies are specific, e.g. roads shown in distributions by the Ministry of Agriculture (settlement areas), or beach areas provided that they are formed roads, Roads that are not public roads are not subject to this provision.

In any case, it is necessary to establish the public use of the road.

 

What about inherited property?

– The LAND PARCELS granted by the Greek State – under Law 431/1968 (Government Gazette 115/A/1968) – were prohibited from being divided until March 22, 2012. Exceptions to this rule have always been

a) building plots b) plots intended for the construction of tourist facilities (with a license from the Greek National Tourism Organization) c) plots within a street plan or within settlement boundaries d) plots for the construction of churches or schools

– From March 22, 2012, and thereafter, the division of inherited property and the inclusion of acts of ownership for the purpose of completing the statute of limitations on the portion of the inheritance are legally permitted.

Therefore, according to the above, since Law 4061/2012 repeals Law 431/1968 in its entirety, inherited plots are now treated like all other agricultural plots, which can be divided into any size and shape without the requirement of completeness (minimum frontage and area) unless the land parcel falls within a Residential Control Zone (ZOE), GSP or SCHOAP where there is a subdivision limit.

– In the event that there is a desire to divide a plot of land and it is suitable and buildable, it must be ensured that the location and area meet the requirements set out in the Decrees on off-plan construction.

-Adverse possession of entire plots of land has been permitted since May 23, 1968.

– Adverse possession of parts of inherited property is permitted a) provided that the divisions were accepted with the ratification of irregular legal acts from the date of ratification onwards and b) divisions made from March 22, 2012, onwards.

The ratification of irregular legal acts is permitted until March 22, 2024, provided that they concern divisions with private agreements made before March 22, 2012.

 

My field was “cut” by the road and divided into two parts. Is this division valid?

According to a legislative decree of 1923, it was forbidden to build roads and “cut” our fields. Thus, roads created for the transport of agricultural products and existing prior to 1923 are considered public, while roads created after 1923 on private initiative are considered private.

However, a multitude of roads were built in the decades of the 1960s and 1970 and for the resolution of this issue issue there was a law, which recognizes the private roads that were formed until 1977 to serve the adjacent agricultural plots. Through the of “equating” the illegally created private roads with “agricultural” (which are exempt from the ban) the agricultural plots that were divided by the opening of the road in the specific manner specified in the manner specified, are considered independent and are transferred further without any problem.

 

What happens if the road has been planned but not yet built? Does the subdivision apply and can the created plots be sold separately?

The mere depiction of a parcel of land on a topographical distribution diagram does not constitute a division, unless the division is accompanied by a transfer (e.g., sale, donation, parental gift). If a preliminary agreement for the sale of the plots of land was made before 1977, then it is valid. Otherwise, the parts of the plots that faced this road, as shown on the topographical distribution diagram, cannot be transferred and are considered to be a single urban planning unit.

 

I have a field and I want to divide it among my children, even if they don’t build on it. Can I do that?

If the property is located entirely in an area outside the plan, outside the settlement zone, and outside the residential control zone, then yes, it can be divided into any size, without the right to build.

 

I have a plot of land within a development plan/settlement and I want to divide it up and register it in my children’s names, even if they don’t build on it. Can I do that?

No. The division and transfer of ownership of plots of land that results in the creation of uneven plots is prohibited. In this case, you can draw up a notarial deed establishing vertically divided ownership.

A plot of land has been divided into three. The division took place thirty years ago without a contract, but they are declared separately in the E9 forms. What happens in this case? This problem is recurrent and can be addressed using the legal tool of adverse possession. In current notarial practice, it is common to invoke adverse possession and simultaneously transfer the property to which it refers. Also, in the declaration of registrable rights in the National Land Registry, invoking adverse possession as the title, the property is registered accompanied by the sworn statement of two persons.

 

When does partition apply when the property is inherited?

In the case of inheritance, the date of death of the deceased is taken into account for the purpose of determining the date of creation of the estate.

 

What about preliminary agreements?

In the event of a notarial preliminary agreement, pursuant to which a final court decision has been issued regarding the transfer of ownership of a plot of land, the date of transcription of the court decision is considered to be the date of division.