LAND REGISTRY – ISSUES
The operation of the Land Registry in Greece has significantly contributed to transparency and security in real estate transactions. However, it has also given rise to various, sometimes serious, legal issues and problems, mainly due to errors in registrations, ownership disputes, and insufficient public information. Property owners must promptly seek correction of these issues through appropriate legal procedures (e.g., requests for correction of obvious errors, lawsuits for correction) to safeguard their property rights.
Key Legal Issues in the Land Registry
1) Errors in Land Registry Entries
During the initial registration of properties, mistakes may occur regarding owner details, property boundaries, or surface area.
➡ Solution:
• Administrative correction via a request for correction of an obvious error (for simple mistakes).
• Judicial correction through objection or lawsuit for more serious errors (e.g., incorrect boundaries).
2) Ownership Disputes & Claims
If two or more private parties or the State appear as entitled to the same property, a claim arises.
➡ Solution:
• Filing an objection within the deadlines set by the Land Registry.
• If unresolved, judicial action is required to recognize ownership rights.
3) Claims by the State
Many properties have been registered as “unknown owner” or appear under the ownership of the Greek State.
➡ Solution:
• If a citizen believes their property was mistakenly registered under the State, they can file a lawsuit to assert ownership.
4) “Unknown Owner” Properties
If a property is not properly declared, it is recorded as “unknown owner” and after the correction deadline, it permanently reverts to the State.
➡ Solution:
• Rights holders must submit a correction request to the Land Registry and, if rejected, file a correction lawsuit before the deadline.
5) Boundary Discrepancies & Co-ownerships
Errors in topographic mapping can lead to overlaps or gaps between properties.
➡ Solution:
• If discrepancies result from recording errors, submit a request for correction of obvious error.
• If there is a dispute with a neighboring owner, judicial resolution is necessary (e.g., boundary determination lawsuit).
6) Incomplete or Missing Registration of Old Rights
In many areas, prior ownership rights such as adverse possession or old deeds were not registered, causing true owners to be absent from the Land Registry.
➡ Solution:
• If an owner has possessed the property for over 20 years without title, they can seek judicial recognition of ownership through adverse possession.
Since the Land Registry becomes definitive after a certain period, it is crucial to promptly resolve any issues to avoid obstacles in future transactions related to the property (sales, gifts, exchanges, etc.).
