Property Title Due Diligence in Greece Scope Limits and Legal Fees
Property title due diligence is a legal investigation into the origin and current status of a real right. It is not a routine search for a single certificate and it does not guarantee that no risk exists. Its purpose is to connect title deeds with public registrations, identify matters affecting the transaction and determine whether further action is required.
The scope of title due diligence
The review begins with precise identification of the property and the right to be transferred. Full ownership is different from bare ownership, usufruct, an undivided share or a horizontal property together with appurtenant rights and rights of exclusive use.
The review then considers how the current holder acquired the right, the continuity of earlier titles and their consistency with the registrations. It is not confined to confirming that a deed exists. The lawyer examines whether the deed concerns the same property and right, whether the required publicity was completed and whether any event or entry affects the power to dispose of the property.
The principal areas of review
| Area | What is reviewed | Why it matters |
| Property identity | Description, location, share, floor or part, cadastral number where applicable and connection with supporting records | The deeds and registrations must relate to the same right |
| Acquisition titles | Notarial deeds, judgments, inheritance or another lawful mode of acquisition | They establish the origin and continuity of ownership |
| Public registrations | Transcription or registration of deeds and review of the relevant cadastral or registration records | The required publicity is central to a change in real rights |
| Encumbrances | Mortgages, prenotations, seizures, claims, easements and other registered restrictions | They may restrict disposal or require release, consent or specific contractual treatment |
| Co-ownership regime | Constitutive deed, building regulations, common parts, appurtenances and exclusive-use rights | The title documents may contain restrictions not evident from a simple description of the unit |
Research in current and historical records
The competent source depends on the publicity system operating in the area and the date of the relevant instruments. Cadastral Offices and their Branches now maintain cadastral data and, where applicable, records from the former transcription and mortgage system. The review may therefore require a combination of newer cadastral registrations and older books or deeds.
Reading one cadastral sheet or certificate in isolation is not always sufficient to understand the legal history. Registrations must be connected with the instruments on which they are based, any corrections and the records identifying the property.
The period covered by the review
There is no single statutory rule requiring every title review to cover exactly twenty years. A twenty-year period is particularly relevant to extraordinary acquisitive prescription under Article 1045 of the Greek Civil Code, but the appropriate depth of research depends on the mode of acquisition, continuity of title, nature of the right, apparent gaps and the risk under review.
A clear notarial title may require review of particular earlier instruments. Acquisition by inheritance, prescription, judgment or corrective deed may call for a different and often broader approach. The research period is determined by the chain of title rather than selected mechanically.
Legal assessment of the findings
| Finding | Possible significance | Further review |
| Mortgage or prenotation | It does not always make a transfer impossible, but a clear repayment and release process is required | Review of the secured party, amount, consent and timing of release |
| Seizure or restriction on disposal | It may prevent the transaction or make it materially unsafe | Review of validity, scope and lawful removal before commitment |
| Registered claim or proceedings | It indicates a dispute over ownership or another material proprietary issue | Review of the pleadings, procedural stage and consequences for the buyer |
| Mismatch between title and cadastral entry | It may concern description, holder, share, location or geometric data | Distinguishing legal from technical discrepancies and selecting the appropriate correction route |
| Restriction in a constitutive deed or regulations | It may affect the use, alteration or exploitation of the property | Interpretation of the title and assessment of whether the restriction is binding |
A finding does not lead automatically to the same outcome. It may require an additional instrument, a corrective deed, release of an encumbrance, a special condition in a preliminary agreement or postponement of execution. In other cases, the issue may be sufficiently serious that the proposed transaction should not proceed in its existing form.
The limits of title due diligence
The review is based on the title deeds, documents supplied and public registrations available at the time of the search. It will not necessarily reveal every unregistered factual circumstance and does not replace an inspection, surveyor’s identification, planning review or investigation of actual possession.
- Boundaries, area and consistency with the physical position require technical assessment where an issue arises.
- The legality of structures and uses is reviewed by the competent engineer on the basis of the required records.
- A lease, third-party possession or another factual arrangement may need investigation beyond the public records where the circumstances require it.
- New registrations may be made after the initial search, so an updated review may be required before execution.
Legal fees for title due diligence
Under Articles 58 and 73 of the Greek Lawyers’ Code, the fee for title due diligence is primarily determined by a written agreement. That agreement should correspond to a clear scope: the right under review, the records to be searched, the relevant period, whether a written report is included and whether supplementary searches or post-finding action are contemplated.
A price without those elements does not permit a meaningful comparison because two title reviews may differ materially in the number of instruments, records, complexity and further legal assessment required. VAT, registry charges, certificates and copies are separate items and should be clarified.
Frequently asked questions
Is title due diligence the same as obtaining an encumbrance certificate?
No. A certificate is one particular element of the research. Title due diligence combines deeds, registrations and legal assessment of the chain of title.
Is a twenty-year title review always compulsory?
No single statutory rule imposes that period in every matter. Twenty years is especially relevant to extraordinary acquisitive prescription, while the required scope depends on the mode of acquisition and the facts.
Must searches always be conducted in both the Cadastre and a former Land Registry?
Research is conducted through the current competent offices and the records needed for the particular property. Depending on the area and dates of the instruments, both systems may need to be considered.
Does an encumbrance mean that the purchase must be abandoned?
Not always. Its nature, current validity and lawful means of release must be assessed before deciding whether and on what terms the transaction can proceed.
Does title due diligence verify area and boundaries?
It evaluates the relevant descriptions and entries, but physical and geometric identification requires technical review where an issue arises.
Is there a fixed fee for every title review?
No. The fee is agreed in writing and depends on the specific extent of the research and the deliverables under the retainer.
Conclusion
Substantive title due diligence is not a routine search but a legal synthesis of the deeds, registrations and particular characteristics of the property. Its value lies in identifying issues early and connecting them with a legally informed decision on the transaction.
Do you require title due diligence for property in Greece? Our law firm can define the appropriate scope, review the title deeds and registrations and explain the legal consequences of the findings for the proposed transaction.
This article is intended solely for informational purposes and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For specialised legal advice, please contact our law firm.
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