One of the major problems that property
owners, including those residing abroad, often encounter, is the trespassing of
property in Greece by others claiming ownership rights. The lack of executing
formal Notarial Deeds in the past and effecting conveyances of ownership rights
through verbal agreements and through verbal partitions of jointly inherited
properties, has resulted to many land owners, not having recorded Deeds to
prove their rights. Additionally, it is often the case that people have taken
advantage of the physical absence of the legal owners and raise claims on Greek
properties, which have been unattended by legal owners for many years.
According to Greek real estate law, someone may acquire property in Greece not
only through a Notarial Deed (purchase Deeds, Acceptance of Inheritance Deeds,
Gift Deeds, etc), duly executed and registered before the competent Greek Land
Registry archives, but also through adverse possession rights (“hrisiktisia”).
The law provides of two types of adverse possession in Greece: the ordinary and
the extraordinary.
In order to claim “ordinary” adverse possession rights, a person has to be in
possession of a Greek property for a period of more than 10 years, exercising
his ownership rights in good faith by virtue of a legal title of the property.
However, although the Deed by virtue of which he acquired the property is
legal, there could be a legal flaw (e.g. the person who conveyed the property
was not the legal owner or he was incompetent to contract and convey ownership,
etc).After the passing of 10 years of exercising adverse possession rights as
owner of the Greek property, this person may acquire ownership of the property
through “ordinary” adverse possession rights.
In other cases, a person may claim extraordinary adverse possession rights. In
order to acquire property through extraordinary adverse possession in Greece ,
a person has to claim that he is in possession of the property, exercising
uninterrupted ownership rights/acts of possession on it, for a period of more
than 20 years. Thus, without having a legal title on the Greek property proving
his ownership right, a person who claims and proves that he has in his
uninterrupted possession a property for a period of more than 20 years, is
recognized by the Greek law as legal owner.
In some cases, the recognition of adverse possession in Greece is
established through the filing of a lawsuit against another person who contests
such ownership rights before the competent Court of First Instance of the property's
location. The Court upon examining the relevant evidence and witnesses, issues
its ruling, recognizing or not the adverse possession rights that the
petitioner claims. The relevant ruling is then registered to the competent
Greek Land Registry archives of the property's location.
In general, all properties may be subject to adverse possession in Greece.
However, the law provides of particular exemptions from adverse possession such
as the properties which have been designated for public, municipal or religious
needs. Moreover, adverse possession in Greece cannot be exercised in properties
owned by the Greek State, by monasteries and churches, as well as to the
components of the main property, before being separated from it. Additionally,
a co-owner may not claim adverse possession rights, against the other
co-owners, unless he has specifically informed them of his intention to possess
the property as the sole owner.
Protection of owners against those who claim adverse possession in Greece, can
be effected either extra judicially or through Court proceedings. The legal
owner has to file a lawsuit in Greece against those who claim adverse
possession rights, requesting the recognition of his ownership against the
squatters. The Court, upon review of the required documentation, will rule as
to the actual legal owner of the property and as to whether the squatter has
fulfilled the necessary conditions for claiming adverse possession (squatter's
rights in Greece leading to Legal Title).
While the Civil Code has regulated ownership rights in Greece on properties
that have been left unattended for many years, people have taken advantage of
the physical absence of the legal owners, exercising squatters' rights on Greek
property. It is often the case of people who believe that their properties have
been taken care of by their relatives or local acquaintances, while claims have
been raised on their properties, resulting to losing them.
All the above procedures for the protection of your Greek Property against the
adverse possession, can be accomplished through a Limited Power of Attorney to a
specialized Lawyer in Greece, like our Greek Law Office.
January 2020
“The content of this website do not constitute legal advice and under no circumstances should they be considered as such, until our office is retained and has reviewed the complete file of the client’s case”