An inaccurate registration of a property right in the initial records of the Hellenic Cadastre can cause serious problems regarding the legal status of a property. A property may, for example, be registered in the name of another person, recorded as being of “unknown owner”, or entered with an incorrect right, co-ownership share or geometric description.
An action for rectification of an inaccurate initial cadastral registration is the principal judicial remedy where the property right shown in the initial registration is disputed. It is not, however, the appropriate procedure for every cadastral error. Depending on the nature of the inaccuracy, rectification may instead be pursued through the procedure for correcting a manifest error, an administrative rectification, non-contentious proceedings or another special procedure.
The first step must therefore be to identify precisely both the error and the remedy provided by law for its correction.
What Is an Initial Cadastral Registration?
Initial registrations are those transferred from the final cadastral tables to the cadastral records following completion of the cadastral survey. They form the basis of every subsequent registration concerning the property.
Until they become conclusive, initial registrations may be challenged and rectified under the procedures provided by Law 2664/1998. If they are not challenged within the applicable deadline, they become conclusive and establish a conclusive presumption in favour of the person registered as the holder of the right.
What Is an Action for Rectification?
Under Article 6(2) of Law 2664/1998, where an initial registration is inaccurate, an interested party may apply to the competent Court of First Instance for:
- recognition of the property right affected by the inaccurate registration; and
- full or partial rectification of the initial registration.
The action may be declaratory or reivindicatory, depending on the nature of the dispute and on whether the claimant also seeks recovery of possession of the property.
When Is Court Action Required?
Court action is generally required where the initial registration identifies a third party as the holder of the right and the actual right holder seeks recognition of their own property right and rectification of the registration.
By contrast, where the matter concerns a manifest error, an error capable of administrative correction or a property registered as being of “unknown owner”, a different procedure may apply.
Particular care is required where the requested correction affects the boundaries, location, shape or surface area of the property. Such a case involves a geometric change and is subject to additional technical requirements.
Who May Bring the Action?
The action may be brought by any person with a direct and present legal interest in obtaining recognition of the right affected by the inaccurate registration.
In practice, the claimant will usually be the person asserting ownership or another registrable property right, or that person’s universal or particular successor, provided that the statutory requirements are satisfied.
The Exclusive Deadline
Under the general rule in Article 6(2) of Law 2664/1998, the action must be brought within an exclusive deadline ending on 31 December of the year in which eight years have elapsed from the commencement of the relevant period.
The period begins on publication in the Government Gazette of the decision placing the cadastral system into operation in the relevant area.
The deadline should not, however, be calculated solely by applying this general rule. Special transitional provisions and different final dates have applied to older cadastral areas, and the relevant deadlines have already expired in certain areas. The position must therefore be verified by reference to the specific area and the decision under which the Cadastre began operating there.
Although the deadline is exclusive, it is not accurate to state that it can never be suspended or interrupted. The law provides for the corresponding application of specific Civil Code provisions on suspension and interruption. A specific interruptive effect may also arise in certain proceedings concerning property registered as being of “unknown owner”. Any such effect must be established on the particular legal and factual circumstances and cannot simply be presumed.
What Happens if the Deadline Expires?
If the initial registration is not challenged in time, it becomes conclusive and establishes a conclusive presumption in favour of the registered right holder. As a rule, its contents can no longer be altered.
The actual right holder may no longer seek rectification of the initial registration but may, subject to the statutory requirements, retain a personal claim based on unjust enrichment or a claim for damages where the conditions for tortious liability are met.
Restitution of the property itself is available only under specific conditions, particularly where there has been no subsequent transfer for consideration that has also been registered in the cadastral records.
Against Whom Is the Action Brought?
The action is brought against the person identified as the right holder in the initial registration or against that person’s universal successors.
Where there has been a succession by particular title, such as a sale or other transfer of the disputed right, the action must be brought both against the person originally registered as the right holder or their universal successors and against the relevant particular successors.
If a necessary defendant has been omitted or has not been lawfully served, the court must order that person’s compulsory joinder. This rule does not remove the need to identify all necessary parties correctly from the outset.
Where the initial registration records that an application for correction is pending before a Committee for the Examination of Cadastral Survey Cases under Article 7A of Law 2308/1995, the action must also be brought against the applicant seeking that correction. Filing the action automatically terminates the proceedings before the Committee.
Properties Registered as Being of “Unknown Owner”
The designation “unknown owner” does not mean that court action against the Greek State is always required.
In many cases, rectification is sought through an application to the Cadastral Judge or, until such a judge is appointed, to the Single-Member Court of First Instance under the rules governing non-contentious proceedings.
Where, however, a land parcel is registered as being of “unknown owner” and the applicant relies on extraordinary acquisitive prescription, an action must be brought against the Greek State. A specific exception applies to horizontal or vertical ownership units, for which the application procedure is followed even where extraordinary acquisitive prescription is relied upon.
Where an initial registration is partly recorded as being of “unknown owner” and partly in the name of a third party, the action must be brought against both the Greek State and the third party shown as the right holder.
The Procedure Step by Step
- Legal and technical due diligence
The cadastral folio, cadastral diagram, acquisition deeds, registration certificates, succession documents and all other evidence supporting the asserted right must be examined.
It must also be determined whether the inaccuracy can be corrected through a simpler administrative or judicial procedure or whether a full court action is required.
- Technical preparation
Where the requested correction includes a geometric change, the assistance of a qualified engineer is required. The applicable technical procedure must be followed, including preparation of the topographic diagram of geometric changes and its electronic submission, in accordance with the legislation in force.
- Filing, service and registration of the action
The action is filed before the Court of First Instance having subject-matter and territorial jurisdiction and is heard under the ordinary procedure of the Greek Code of Civil Procedure.
The action must then be lawfully served on the defendants and registered in the relevant cadastral folio within the applicable time limits. Registration is a separate and essential procedural step. It does not, as a general rule, cure every substantive or procedural defect in the action.
For the hearing to be admissible, a copy of the cadastral folio and an extract from the cadastral diagram must be produced. Where geometric changes are requested, the required technical documentation must also be submitted.
- Mandatory initial mediation session
Before the hearing, the claimant must, subject to the statutory exceptions, invite all defendants to a mandatory initial mediation session before a cadastral mediator. Failure to comply may render the hearing inadmissible.
If an agreement is reached, the mediation record may be registered in the cadastral folio and used as the basis for rectifying the inaccurate registration. Where the agreement involves geometric changes, it must be accompanied by the required technical documents.
- Judgment and rectification
If the action is upheld, the initial registration is rectified in accordance with the operative part of the judgment once the judgment becomes irrevocable. If the action is irrevocably dismissed, the initial registration becomes conclusive.
What if the Defendant Has Died?
Greek law contains a special provision for cases where it is discovered that the defendant had died before the action was filed or served.
Provided that the action was filed and registered in the cadastral folio within the exclusive deadline, it is treated as having been validly brought and retains its legal effects. At the hearing, the claimant declares the ground for interruption of the proceedings, which are subsequently resumed against the defendant’s successors in accordance with Articles 289–292 of the Greek Code of Civil Procedure.
Where the successors have already been noted in the cadastral folio under the applicable statutory procedure, the action may be brought directly against them.
This rule is limited to the particular case of a deceased defendant. It does not mean that registration of the action cures every other procedural or substantive defect.
Where the Greek State Is the Defendant
Where the Greek State is registered as the holder of the right in the initial registration, Article 8 of Emergency Law 1539/1938 does not apply.
This does not mean that all special procedural requirements applying to litigation against the State have been abolished. Proper service, lawful representation and all other applicable procedural requirements must still be observed.
The mandatory initial cadastral mediation session now also applies where the defendant is the Greek State, a local authority or a public-law legal entity.
Practical Points Requiring Particular Attention
- Establish whether the matter concerns an inaccurate initial registration rather than a subsequent registration or a manifest error.
- Verify the exact deadline applicable to the specific cadastral area.
- Review the complete chain of subsequent registrations and identify every universal or particular successor.
- Determine at an early stage whether the requested correction involves a geometric change and requires an engineer’s assistance.
- Do not assume that filing the action alone is sufficient. Service, registration in the cadastral folio and compliance with the mediation procedure are equally important.
- Do not postpone the legal and technical review until the end of the exclusive period.
Frequently Asked Questions
What is an action for rectification of an initial cadastral registration?
It is a court action seeking recognition of a property right affected by an inaccurate initial registration and full or partial rectification of that registration.
What is the applicable deadline?
As a general rule, the deadline expires on 31 December of the year in which eight years have elapsed from the commencement of the relevant period. The position must nevertheless be verified for the specific cadastral area because of transitional provisions and area-specific deadlines.
Can the deadline be suspended or interrupted?
Suspension or interruption does not occur automatically. The law provides for the corresponding application of specific Civil Code provisions and for certain special cases of interruption, which must be examined individually.
Is court action always required for property registered as being of “unknown owner”?
No. Depending on the type of property, the right asserted and the legal basis of acquisition, either non-contentious proceedings or an action against the Greek State may be required.
Against whom must the action be brought?
Against the registered right holder or their universal successors and, where a transfer has occurred, against the relevant particular successors.
Is mediation mandatory?
Before the hearing, the defendants must be invited to a mandatory initial session before a cadastral mediator, subject to the exceptions provided by law.
What happens if the defendant had already died?
Subject to the special statutory requirements, the action may retain its effects if it was filed and registered within the exclusive deadline. The proceedings are then interrupted and resumed against the defendant’s successors.
What happens after the deadline expires?
The initial registration becomes conclusive and can no longer be rectified through the action provided for in Article 6(2). The limited personal claims specifically provided by law may nevertheless remain available.
This article is intended solely for general information and does not constitute legal advice. The appropriate procedure, applicable deadline and necessary parties depend on the circumstances of each case and require an individual legal and, where necessary, technical assessment. Contact us.
No comment