GREECE Trends and Developments Contributed by: Panagiotis (Notis) Sardelas, Fay Vetouli and Lydia Dimakopoulou, Sardelas Petsa Law Firm
Real Estate Law in Greece Main laws that govern real estate
Real Estate Rights Types of rights over land
The right to ownership is recognised by the Hel - lenic Constitution (Article 17 thereof) and protect - ed by the State. The principal law that governs real estate in Greece is the Hellenic Civil Code, Title 3 thereof in particular, under the title Property Law. Specific real estate matters are also dealt with in the Hellenic Code of Civil Procedure, Laws 2308/1995 and 2664/1998, which govern the pro - cedure before the Cadastre Offices, as well as Law 3741/1929, which governs horizontal owner - ship. There are specific laws governing real estate owned by the Greek Orthodox Church and Greek Orthodox monasteries in Greece. In addition, Law 3986/2011 re-introduced “right over surface” on public estates, which had been abolished by the Civil Code in 1946. Apart from the above, established case law of the Supreme Court and civil courts is generally considered as judicial precedent, and is fre - quently cited by lawyers and judges. International laws relevant to real estate in Greece Article 24 (1) of Law 1982/1990 stipulates certain provinces and islands as border regions, in which non-EU or a non-European Free Trade Associa - tion citizens/legal entities may not obtain prop - erty. Nonetheless, the above-mentioned prohibi - tion may be lifted by application to the relevant regional Decentralised Administration Authority, stating the exact purpose of the real estate acqui - sition. Furthermore, in accordance with Article 28 paragraph 1 of Law 1982/1990, real estate prop - erty on private islands can be obtained following authorisation by the Ministry of Defence.
The Hellenic Civil Code recognises a restricted number of types of rights over land (numerus clausus of rights in rem), which are stipulated in Article 973 thereof. These rights are: • ownership (full ownership, bare ownership and usufruct); • servitude; and • mortgage and pre-notice of mortgage. None of the above-mentioned rights is purely contractual between the parties. Furthermore, pursuant to Article 18 paragraph 1 of Law 3986/2011, a person or a legal entity may construct a building over a plot of land owned by the State and exercise on this building similar rights as those provided by the right of full own - ership, without actually owning the plot of land. This right is recognised as “right over surface”, amounting to the right of ownership between pri - vate parties and is of limited duration. System of Registration Rights in land that are mandatorily registered In Greece, all land is required to be registered at the competent Land Registry or Cadastre Office. Registration of the title deed, as provided for by the Hellenic Civil Code, is compulsory for the establishment, abolishment or transfer of rights in rem over land. In particular, notarial purchase agreements, donations inter vivos, donatios causa mortis, notarial parental donations, inher - itance acceptance deeds, surface rights, court decisions that pronounce right in rem, rural expropriation decisions, implementation acts of a town plan, etc, are mandatorily registered at the competent Land Registry or Cadastre Office.
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