SECRETARY BAKLATSI,
surveyor - urban planning engineer,
baklatsi@yahoo.gr

The land registry "closes" in most regions of the country and after the completion of the posting process and the examination of the objections filed, the first registrations are made and we move to the final phase of "Operating Land Registry".

Already on 12-31-2023, the first registrations for a large number of municipal areas, consisting of 296 OTAs throughout the country, which were registered before the entry into force of Law 3481/2006, will be finalized. these areas also include municipalities located in the major urban centers of Athens (Ag. Ioannis Rentis, A. Dimitriou, Byron, Zografou, Korydallos, Melission, P. Psychikou etc.), Thessaloniki (Thermi, Kalamaria, Panorama, Pylaia) etc.) or cities in the province (Arta, Kavala, Kastoria, Corfu, Komotini, Patras, Rethymno, Serres, Chania etc.)

We remind you that in 36 areas in OTAs, the first registrations have been finalized until 30.11.2018, and therefore an extension is not possible for these areas.

For the rest of the areas concerning cadastral registrations in OTAs whose cadastral offices started operating after 2-8-2006, a universal extension until 31-12-2023 was given.

Finally, regions that have a start time of 2015 normally expire on 12-31-2023.

What are the first registrations?

By "first entries" are meant those, which are registered as initial entries in the cadastral books by transfer from the cadastral tables. This is the display of the real estate (legal and spatial information) as it was at the end of the land registration (after the posting and processing of correction/objection requests) which constitute the "initial records" of the Land Registry. They are acts of a public authority which have a declarative nature and in the event that there are inaccuracies in them, detrimental consequences are created for the real beneficiary since all subsequent registrations are based on them.

What should citizens be aware of?

When inaccuracies and incorrect entries are found in the first entries, the statutory procedures for their correction are the out-of-court procedure and the judicial procedure. In the out-of-court procedure, the correction can be made at home or by the interested party's request to the competent land office, while in the judicial procedure, the mediation of the competent court is required for the correction.

What happens if mistakes are not corrected?

After this deadline, the first registrations are finalized and now form the basis for all further transactions for the specific property.

This means that:

• If the cadastral sheet of the property shows an unknown owner, then the property belongs to the Greek State
• The person listed in the cadastral register as the beneficiary of the right in rem is granted all the rights of the beneficiary even if he is not the actual beneficiary and an irrebuttable presumption is created in favor of the listed beneficiary
• The true beneficiary only has the right to compensation from the listed beneficiary and - subject to conditions - the right to re-transfer the property
• Inaccurate entries concerning the beneficiary's personal or registry data (date of birth-VAT number-identity number, etc.) can be corrected at any time
• The correction of the geometric elements of the property is not occupied by the finalization and can be done at any time
• A right in rem (e.g. usufruct, mortgage, seizure, etc.) that was not registered in the land registry of the property is lost. And in this case the beneficiary is only entitled to compensation from the debtor

What is the role of the surveyor engineer in correcting the data?

The participation of the engineer in the update of the cadastral database is important, because it is not limited to the drafting of the topographical diagram, which accompanies the registered deed, but in cases where the registered deed causes a change in the geometry of the land parcels, he must have carried out a relevant survey and draw up a "Diagram of Geometric Changes" (DGM).

What is the job of an engineer surveyor?

• Outdoor topographic survey of the property's realized boundaries and county boundaries.
• Outdoor topographic survey of the buildings declared in the cadastre.
• Apply the property title to the mapped boundaries and calculate the coordinates of the vertices.
• Comparison of the calculated limits with the original registration as well as graphical and analytical indication of the required changes/corrections.
• Table of coordinates and areas of initial and final/corrected registration.
• Open Variance Calculation Table.
• Compilation of a final diagram in the system of the National Land Registry EGSA87, in accordance with the specifications of the relevant legislation.

What is a Geometric Transformation Chart?

It is the Topographic Diagram in which the geometrical changes occurring in the parcels of land are depicted, assigning their peaks with coordinates in the EGSA system,87. In this way, the observance and updating of cadastral charts is ensured. Also, the geometrical change can also concern changes that have occurred in the property, e.g. division of parcels of land, joining of parcels of land, establishment/removal of rights of way.

When is the Geometric Change Chart required?

Specifically if:

• There are differences in the actual dimensions on the ground or in an actual dimension of your property compared to the corresponding one presented in the cadastral diagram,
• There is a difference in area,
• There is a difference in position or shape,
• The property is to be subdivided,
• There is going to be some other geometrical change to the property.

What are the supporting documents for the application - correction of geometric data?

A) Chart with coordinates updated (based on the Cadastral Chart) by an engineer.

B) The original Cadastre Chart, as well as a photocopy of it.

C) Topographic map of the title deed in duplicate.

D) Copy of the title deed and its registration certificate in duplicate.

E) Application completed by the owners and signed by all with an original signature visa in duplicate (if the neighboring owners who are affected also agree, sign the application with an original signature visa.

What is Real Estate Mediation?

From April 1, 2022 it is now mandatory to observe the initial mediation session (Mandatory Initial Session - YAS) in real estate disputes as well.

The plaintiff must summon the defendant to the court either with the lawsuit document, or with a separate document under penalty of inadmissibility of the discussion.

The IAS is conducted by a "real estate mediator", who has special knowledge on the subject, which he has acquired from special training seminars. The real estate mediator is selected from a special register.

If an agreement is reached, the mediator draws up the record of successful mediation, while this record is entered in the cadastral sheet and the inaccurate cadastral entry is corrected. If geometrical changes to the cadastral maps are also requested with the lawsuit, the topographical map of geometrical changes and proof of its electronic submission to the Agency's electronic database shall be attached to the mediation record, under penalty of invalidity.

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