GREECE Trends and Developments Contributed by: Panagiotis (Notis) Sardelas, Fay Vetouli and Lydia Dimakopoulou, Sardelas Petsa Law Firm
Electronic registration of ownership rights Electronic completion of transactions relating to registered real estate has recently been made possible to the Cadastre Offices, but not the Land Registries of each region yet. This develop - ment was expedited due to COVID-19, resulting in Cadastre Offices providing both digital access for the issuance of certificates of ownership, and for the registration of titles and deeds. Nonethe - less, the electronic completion of transactions is not yet applicable to all Cadastre Offices. It should also be noted in this context that, since 2018, all public auctions are conducted online. The documents needed for the registration of an ownership right are the application for the registration, a certified copy of the notarial title deed (also accepted as digitally issued or cer - tified), a certified summary of the notarial title deed (both obtained by the notary) and the tax declaration. If the registration takes place at a Cadastre Office, a cadastral diagram extract must also be provided. Restrictions on public access to the Land Registry All public books in the Land Registries and the Cadastre Offices are accessible for due diligence by lawyers and other professionals (notary public, court bailiffs and civil engineers). Moreover, the Land Registries and the Cadastre Offices are obliged to provide certified copies of the registered title deeds and certificates of registrations to all applicants. After the digitalisa - tion of the Cadastre Office system, individuals have restricted electronic access to the registry, using their digital tax credentials, albeit only for property registered as belonging to them. Only professionals registered with the digital Cadas - tre Office system may obtain information on any
Therefore, ownership of land is based strictly upon the registration of the respective title deed with the competent Land Registry or Cadastre Office, depending on whichever operates in the area where a plot of land is located. Furthermore, the earlier of two registrations will always rank prior to the subsequent one (first- come, first-served principle). Rights in land that are not required to be registered Registration of contractual rights, such as lease agreements, is not required by Greek law. How - ever, for long-term lease agreements with a minimum durations of nine years, the parties may sign a notarial contract, which is subject to registration at the competent Land Registry or Cadastre Office, to ensure the validity of the agreement and enhance protection vis-à-vis a new owner if the land were to be transferred. Land Registries that operate in Greece There are several Land Registries or Cadastre Offices in every region. Upon completion of the cadastral survey of all regions in Greece, the system of “Operative Cadastre” will replace the Land Registries. Despite the large num - ber of Land Registries and Cadastre Offices in Greece, there rules and requirements do not dif - fer between them. Proof of ownership of registered real estate Certificates of ownership are issued by the com - petent Land Registry or Cadastre Office. Regis - tration of real estate deeds is also proven by a certified copy of the title deed by the competent Land Registry or Cadastre Office. Besides these, a lawyer has the competency to certify owner - ship in the context of due diligence in the Land Registries. This attestation by the lawyer has the status of a certificate.
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