Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

All property rights are registered in both registration systems (system of transcription/cadastral system). There are no hidden rights/charges according to the Greek law. All rights which constitute burdens of the property are registered. Other financial obligations, such as taxation issues, are chargeable to the prior owner and do not bind the purchaser.

•  Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

No.

• In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

There is broad freedom in easements and mortgages.

2.    To whom does responsibility for investigation of such rights apply?

In any case, it is the responsibility of the purchaser to investigate the legal good standing of the property. However, as already mentioned, all rights that may bind the future purchaser are registered.

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

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4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

According to the system of transcription, the boundaries are of course described in the title to be registered (this is a condition for the registration of any act), but they are not conclusive and neither are they guaranteed by another authority.

In the new cadastral system, which is plot based, the property is necessarily described in the cadastral database with its specific characteristics, such as boundaries, surface etc. In this sense, boundaries in this case are conclusive, but all the information is subject to modification by the interested parties following a judicial procedure provided by the law.

5.    How does an aggrieved party remedy any boundary error?

In case of a boundary error in the cadastral database, the law provides for modification procedure by means of an application by the interested party to the Chief of Cadastral Office and, in special cases, after a judicial procedure.