Land Registry search in Greece

We deliver Search Reports from the Hellenic Cadastre (Ktimatologio) translated to English language. If you are interested in checking ownership details of any property in Greece, please enter details here. Searching all properties by owner is also possible.

Contents of a Land Registry Search Report in Greece

The Greek Land Registry has made title deeds available for searches digitally through scanning. Searches are especially helpful in cases of boundary disputes, when acquiring more details about covenants, and easements and rights of way matters. When it comes to the contents of a land registry search, here’s a sample of what you’ll get:

• Owner details
  • Name - Surname
  • Father’s name
  • Mother’s name
  • Type of legal right
  • Percentage of legal right
• Property Details:
  • “KAEK” number (Land Registry Code Number)
  • Address
  • Type of property
  • Detailed description of the horizontal property
  • Plot co-ownership percentage
  • Square Footage (in m2)
  • Appurtenances
  • Exclusive usage
• Title Deed
  • Title Deeds
  • Notary
  • Filing in the conveyance records
  • Volume
  • Number
• Encumbrances:
  • Mortgages
  • Mortgage Pre-notations
  • Seizures
• Third Party claims
• Notes
• Place and Date
• The lawyer conducting the property search

  Search Report Details

  The Cadastral system is “plot based” and registration of any property rights of immovable property is done with the property bearing a unique cadastral number.

  The quotations on the cadastral data base have the unique cadastral number of the immovable property and depending on the type, it reflects the legal status of the property or its technical or graphic information. The certificates and quotations are signed by the Land Registrar. Under the Cadastral data, you’ll find the following fields:

  Ownership

  As for the ownership, all information is made available in the Land Registry. The information includes the full identity of the owner, the nature of right, share, date of acquisition and date of registration. The land registry also provides the father’s and mother’s names in the report.

  Property

  The information provided by the Land Registry can function without cadastral data, and it’s usually related to an ownership title registered under a specific owner. When you obtain the search report, it has a brief description of the property, but it gives a reference to a specific ownership title (court decision, notarial act or administrative act) under the registry. Each property has its “KAEK” number (land registry code number) which is used during the search. The report also has a description of immovable property including the location, address, the type of property, surface in square meters, appurtenances, exclusive usage and boundaries.

  On the other hand, excerpts issued by the Land Registrar have a full description of the immovable property. The property bears a special cadastral number, with consideration of all the aforementioned elements. Additionally, they also contain a sketch of the property, placed on an existing map and a graphic description with its photos.

  Title deed

  Conveyancing Deeds - The Title Deed register is updated using information from the Transfer Deed. The Transfer Deed is one of the several deeds acquired during conveyancing transaction. Before reforms were made, conveyancing deeds were used to proof ownership of a property, but now people use the Title Register and Plan to do so. However, these deeds are still useful since they have extra information that might be needed.

  Encumbrances

  Legal information given by the Land Registry includes the following data:

  Mortgage

  basis of the obligation ensured a description of the obligation, amount reference, amount of the mortgage, name of the secured creditor and deadline for the payment. Greek Law also allows registration of the pre-notice of a mortgage

  Mortgage pre-notations

  a pre-notation is one of the most common forms of security on immovable property. It works like a conditional mortgage, and later on gets converted into a full mortgage once the stated requirements have been met

  Prohibition of disposal

  this happens when the court’s decision has imposed it. It should contain the cause of prohibition, any forbidden actions and the prohibition’s deadline if any

  Seizure

  the registration includes information about the warrant of seizure, the cause, the name of the forwarding creditor and the total amount that is to be imposed

  Easement

  the notary act that’s to be registered should describe the nature and cause of the easement. It also has to include the conditions that come with the right and all affected properties

  Usus Fructus

  includes the name of the holder and the period of the right. It has to be noted that under property law, any simple use isn’t a property of right and shouldn’t be registered in the Land Registry.

  Vindication

  any civil actions have to be registered and failure to do so, they will be rejected by the court. The information provided includes the names of the litigant parties, the court, the dispute, the plaintiff’s claim and the exact date of the trial

  How is it Retrieved? Who can apply?

  When it comes to who can apply for the information, the answer is straightforward; anyone with a legitimate interest can apply for information from the Land Registry. Such information is provided by the Land Registrar in the excerpt of the Land Book or the form of a certificate. However, the law doesn’t state the need to produce any special information or evidence proving any existing legitimate interests. As for the on spot control of all land books, all relevant data in the Land Registry is public so anyone can access what is in the books.

  Where Can you Find this Information?

  All information held in the Land Registries can only be accessed through the regional land registry offices. Any interested persons can get this information by applying for a specific excerpt or certificate which is issued by the Land Registrar. They can also conduct an on spot search in the land books, available in every registry office.

  How to Retrieve the Information

  Currently, in Greece, there are two systems pertaining land registration and obtaining information. The systems are determined by the termination of the land survey done by the Cadastre in the regions covered by each Land Registry office. The two systems include:

  1. In regions where the land survey isn’t complete, therefore, the existing system that the Land Registries use is “person-based” or that of “transcription”. What this means is that all registrations of any property rights are done under the owner’s name. Definitely each act that is registered (court decision, notarial act or administrative act) has to contain the full description of the immovable property in question. In the Land Registries any enquiries about such property should be made based on the owner’s name. The interested persons must submit a signed application form at the Registries office. Under the Greek Law, the office can only receive the application in paper, which has to be in Greek, refer a specific name and title which fits the immovable property.
  2. The other system is referred to as “plot based” and it’s applicable in areas where land survey has already been completed. Registration and search of all property rights is done under a specific immovable property which bears a unique cadastral number. On request, through an application form, the interested persons can access any excerpt of the cadastral data base.

  For the two systems, the excerpts or certificates issued by the Land Registrar are received by the recipient at the Registries office or can be sent in paper form at a certain cost. However, the law in Greece doesn’t recognize electronic signatures, so certificates and excerpts can’t be sent to the recipient electronically.

  Purpose of the Excerpts and Certificates

  Certificates and excerpts from the Land Registry and Cadaster can be used for the following purposes:

  • To confirm the title to real estate
  • Receipt of information about the real estate item
  • Debt collection
  • Analysis of prices for property in various parts of Greece
  • Other commercial and analytical purposes

  Legislation and History of the Land Registry in Greece

  According to Article 17 of the Hellenic Constitution the right to ownership of property is a fundamental right and it’s protected by the State. The main law that talks about real estate in Greece is the Hellenic Civil Code (Section 3, under the title Property Law). All real estate matters are handled as per the Hellenic Code of Civil Procedure, Laws 2308/1995 and 2664/1998. These laws govern the procedures before the Cadaster Offices and Law 3741/1929. Additionally, there are special laws that govern property owned by the Greek Orthodox Church and monasteries in Greece.

  The Impact of the Common Law on Property Ownership

  Real estate is governed by statutory law but, matters to do with this are handled by an established case law of the Supreme Court and other Civil Courts. Note that there are no provisions of international law governing property ownership in Greece.

  Legal Restrictions on Property Ownership

  According to Article 24 (1) of Law 1982/1990, certain provinces and islands are marked as border regions. Non-EU and non-EU Free Trade Association citizens can purchase property in these regions but only with a special permit. The existing prohibitions can be lifted through an application to the Regional Decentralized Administration Authority. In the application, the person/entity in question states why they want to acquire real estate in that region. Thereafter, the authority might approve or disapprove the application based on a certain criteria.

  In accordance with article 28 of the same Law, anyone can acquire property on private islands by obtaining an authorization from the Ministry of Defense.

  Types of Rights Over Land

  The Hellenic Civil Code only recognizes a few types of rights over land. These rights are stipulated in article 973, and they include, ownership (full, bare and usufruct ownership), Mortgage and pre-notice of mortgage and servitude. Note that none of these rights are purely contractual between the persons involved.

  History of the Land Registry in Greece

  Greece’s land register is known as the Cadaster, an electronic register in areas that require land registration. There are also local mortgage registries which operate provisionally as land registries. This Cadaster was first introduced in Greece in 1995. According to this law, after completing land surveys, the Land Registry is converted into an Interim Cadastral Office. Since the transition from one system to another takes time, there was a need of land surveys and an authority governing these processes. Therefore, the 103 Land Registries countrywide, partially or entirely facilitate this as the interim Cadastral Offices.

  The parliament also passed the law governing the establishment of the Cadastre which requires that owners of any immovable property have to register the property and protect their ownership rights through the electronic platform of the Cadastre. By doing so, the owners can secure their ownership rights as per the rights of the immovable property as recognized by the government.

  To be specific, the Greek Cadastre stores records of the following:

  • All actions pertaining creation, transference, alterations and removal of rights on any immovable property
  • Geographical descriptions of the immovable property
  • Public property
  • Rights of usufruct

  The repercussions of not registering immovable property with the Cadastre within the stated timeframes are that the property ends up being recorded under an “unknown owner”. Once it has been registered, it’s then transferred to the Greek government. Late registrations are also fined depending on the circumstances that led to the delay.

  What’s more, failing to submit full information or improper completion of the application regarding the rights or property results into non-registration of the immovable property from the Cadastre. Therefore, property owners are advised to work with experienced professionals to deal with the registration procedure of such property to avoid such inconveniences and serious repercussions.

  5. Relationship and Differences with the Cadastre

  In some countries, the Land Registry and the Cadastre are different institutions. Are they different in Greece? Yes, and each institution has its specific duties. To begin with, the Land Registries comprises of the authority that governs land registration in Greece. The main roles of the Land Registries in Greece include the registration of all acts related to property rights (court decisions, notarial acts and administrative acts) and provision of information in legal rights on any immovable properties.

  The Land Registries in Greece have territorial authority and in regions where land surveys have been completed they operate the cadastral system depending on which registration is plot based. In the regions that lack cadastral data, the Registries operate via the “system of transcription and mortgages”, therefore, registration happens on personal basis under the owner’s or beneficiary’s name.

  There is also the Hellenic Cadastre which is a public organization that maps and administers geospatial information. But, up to date, only 7.6% of the national territory has been mapped. Land survey for the remaining part of the country is still in progress.

  Which Ministry’s Competence do the Cadastres Fall Under?

  Land Registries in the country operate under the Ministry of Justice, while the Hellenic Cadastre falls under the Ministry of Environment and Energy.

  What’s the Relationship Between the Two?

  In all the regions where cadastral survey has been done, the Cadastre gives the Land Registries cadastral data. Once the Land Registry has received this data, they conduct the registration of deeds by updating the cadastral database and making any adjustments to previous cadastral registrations. However, if the registration involves any modification on the property’s geographic depiction, the adjustments are done by the Cadastre.

  Summary of the Tasks Vested Upon the Cadastre

  Here are all the roles of the Greek Cadastre:

  • Keeping, maintaining and updating the Cadastre
  • Collecting, updating and storing topographical data
  • Designing, developing, organizing, operating and managing systems needed for creation of geodetic data depending on its purpose
  • Organizing and maintaining digital geospatial data

  When you conduct a search in the Cadastre, unlike on the cadastral registers, it’s done by specific objects and its location. A 12-digit code is given to each object and that’s how the search is done. Although data in the Cadastre is public, the system of remotely accessing it doesn’t apply yet, so to obtain any extracts and certificates you must apply to cadastral offices. The excerpts obtained from the Cadastre include full data of the real estate object, and its exact geographical data and the owner.

  How Many Local Land Registries Exist

  Over time, the system of land registers in Greece is being transformed. Originally, it comprises of two systems: the complicated decentralized land register system which goes back to XIX century, which operates based on the territorial principle. The other system is the unified Cadastre, operating for the establishment which started in 1995. The old system is under the competence of the Ministry of Justice, while the Cadastre is under the Ministry of the Environment and Energy. Land Registers in Greece were established in 1853, and back then were under the jurisdiction of the judicial power branch.

  The land registers system is heterogeneous. One part of the system comprises of independent institutions whose establishment is based on a territorial principle, while the other system (especially in large cities) are state services. There are a total of 398 territorial land registries in Greece, with 17 of them being state services, 240 being special independent institutions while 141 are non-special services. For all these, the role of the Land Registrar is performed by the local notary (especially on small areas or islands).

  The main role of the old land registers include registering documents related to property rights and issuing information on legal rights of such properties. Any property in the register is subject to a complete description including the address, borders and area, but in practice the registers have a few discrepancies. Another important fact to have in mind is that searches in registers are done by personal data of the owner.

  Currently, land registers are public and any person with a legal reason can obtain copies of documents that certify the rights to a property. These documents contain a description of the object and certificates issued from land registers should only be in written form. In national registers, the state is responsible for any discrepancies and errors.

  The establishment of the unified Cadastre started in 1995. Back then, it was included in the “road map” of the Greece government and the European Union’s leadership. The final works for the Cadastre’s establishment were completed in 2021. However, there had been concerns about Greek authorities not meeting the specified deadline, but through the assistance of other EU countries, Greek authorities were able to complete it. Currently, the Cadastre covers a few parts of Greece, specifically the territories where the cadastral offices operate. Just to mention a few things about the Cadastre, citizens have to file a declaration in the Cadastre so as to compare the information about real estate objects as owned with the cadastral data. In case there are errors or discrepancies, the procedure for correcting the data is a bit complex and is highly criticized by experts in the country.

  To properly manage the Cadastre, executive authorities in Greece have established special legal entities to help with the activities. As up to date, these entities include the Hellenic Cadastre, which is controlled by the Ministry of Environment and Energy and the Greek Cadastre. All the activities of the Cadastre run based on special laws like 2308/1995, 2664/1998 and 4512/2018.

  How are Properties in Greece Registered, and How to Claim a Property in Greece

  Property registration in Greece is done using an electronic land register – the Cadastre. The Cadastre is used in areas where land surveys have been completed, whereas in areas where surveys haven’t been completed it’s done under land registries. Property purchase and registration in Greece is straightforward. Any foreigner can easily become a property owner in Greece since the country has no restrictions on purchases. Actually, citizens from non-EU countries can take advantage of the Golden Visa as long as their property investment doesn’t exceed €250,000. The five-year visa can be renewed, and it extends to the person’s family. After staying in Greece for 7 years, they can apply for a Greek passport.

  When making any property purchases you should be accompanied by a lawyer, who has specialized in this field. The Land Registries process is complicated so, you might need the assistance of a lawyer before signing any documents and also, to understand what documents you should present to the Land Registries for property registration. The role of the lawyer during this process is to help you check the property titles, length and buildability of the property, building permits and any other issues pertaining property ownership. You should also work with an accountant, a notary and a surveyor so they can check that all construction acts are in line with the law.

  For you to purchase and register any property in Greece, you have to get a non-resident tax registration number. You also need to obtain access codes to the TAXIS system which facilitates the fulfillment of tax reporting obligations once you’ve purchased the property. It’s also advisable you have an operational bank account in Greece for transactions and tax procedures on your property.

  During the purchase, as you sign the promise of sale, be aware that it’s normal to pay a deposit and set a date for signing the agreement. But since the full amount hasn’t been paid, this is not a legally binding guarantee. For the sale to be complete, the owner has to issue various documents including a tax certificate, energy performance certificate and others. Thereafter, the transfer of ownership is done before a notary. During the transfer, there has to be an interpreter in case one party doesn’t speak Greek. Once the transaction has been made and signing done, the new owner has to file the acquisition declaration within a period of one month after the purchase.

  Fees for registering a property.

  There are a few costs to owning property in Greece. You will have to cater for acquisition costs which include notary fees and taxes, but this rarely exceeds 5%. The buyer also pays for the real estate agency’s commission which totals to 2% of the sale price. The transfer cost is about 3% and legal fees range from 1.5% to 5% of the property’s value.

  Rental Investment in Greece

  There are a few things you should know before owning any rental property in Greece. Making an investment in this country is interesting and quite lucrative especially if you are looking at touristic areas such as Cyclades, Rhodes, Crete and Porto Heli. Greece’s return on rental investment (ROI) varies between 4% and 6%, which is fair. But there are a few things to consider before making such an investment. Whenever you receive any income in the country, especially real estate revenue, you have to pay the individual “non-resident” income tax. So, you will have to file a tax return annually. Property in Greece is taxable as follows:

  • 15% up to €12,000
  • 35% between €12,000 and €35,000
  • 45% for annual rental income above €35,000

  But income earned from holiday rental isn’t subject to tax, but the rental duration shouldn’t exceed 90 days a year and 60 days on an island that’s inhabited by less than 10,000 inhabitants. You can rent for longer, but if your income exceeds €12,000 annually, you will have to pay income tax.

  How to Claim Property in Greece

  A major problem faced by property owners, especially those living abroad is the trespassing of property by other people who claim ownership rights. Many landowners don’t have recorded deeds to prove ownership rights due to the lack of existing notarial deeds in the past. Initially, conveyances were used to effect ownership through verbal agreements and verbal partitions for jointly inherited properties. As a result, many people in Greek take advantage of the physical absence of the actual owners and end up raising claims on properties that have been left unattended for years.

  Types of Possession

  Now, according to the law in Greece, not only can you acquire land through a notarial deed (acceptance of inheritance deeds, purchase deeds, gift deeds) that have been executed and registered before the Land Registry, but also by adverse possession rights. The Greek Law provides of two types of this possession: the ordinary and extraordinary.

  Ordinary possession

  For a person to claim ordinary adverse possession rights, they must have been in possession of the property for a period of over 10 years. This has to be in good faith or by legal tile of the property. Unfortunately, even though the Deed by virtue is legal, there might be a legal flaw (for example, the previous property owner wasn’t a legal owner or wasn’t competent to convey ownership). Once 10 years have passed while exercising adverse possession rights as the property owner, the person can now acquire ownership thanks to the ordinary adverse property rights.

  Extraordinary or adverse possession

  A person can also claim extraordinary adverse possession rights. For you to acquire property in Greece through extraordinary adverse possession, you have to claim that you are in possession of the real estate and have been exercising ownership rights without any interruptions for more than 20 years. What this means is that even if you don’t have a legal title on the property to prove your ownership, if you claim and prove that it has been in your possession uninterrupted for over 20 years, the Greek law will recognize you as the legal owner.

  Although rarely, the recognition of adverse possession of property is established by filling a lawsuit against someone else who is contesting such ownership rights. The lawsuit has to be filed before the Court of First Instance at the property’s location. After examining the presented evidence and listening to witnesses, the court issues its ruling, and the verdict can be recognizing or not the adverse possession rights of the person that files the case. After the ruling is made, the outcome is registered to the competent Greek Land Registry archives at the specific property’s location.

  Which Properties are Subject to Adverse Possession?

  Generally, all properties in Greece can be subject to adverse possession. But the law has provided specific exemptions from adverse possession. These exemptions include any property that’s meant for the public, religious or municipal needs. Additionally, adverse possession doesn’t apply to any property under the Greek state, monasteries or churches. This applies to any components of the property even after being separated from it. Moreover, a property co-owner can’t claim adverse possession rights against the other party, unless they have already made it clear they want to possess the property as the only owner.

  How Does the Law Protect Legal Owners

  The protection of legal owners against the parties claiming adverse possession can be affected through court proceedings or extra judicially. What happens in these cases is that the legal owner files a lawsuit in Greece against the person claiming adverse possession rights. The lawsuit is aimed at protecting the legal owner from squatters and recognizing them as the actual owners. The court has to review documentation presented to them and pass a ruling on whether the actual owner is the legal owner, or the squatter has met all the conditions for claiming adverse possession.

  Although the Civil Code regulates ownership rights on properties that are left unattended for years in Greece, some people take advantage of the physical absence of the owners, actively becoming squatters and exercising their rights on the property. This is often the case of property owners who leave their entities to relatives, local acquaintances or friends who end up raising claims and acquiring adverse possession rights, resulting into changes in ownership.

  Note that all the procedures meant to protect your Greek property against such legal actions can be attained through the Limited Power of Attorney by a lawyer in Greece.