WHAT THE NATIONAL BUILDING IS
In accordance with the provisions of Article 1 of Law 2664/1998, the National Land Register is a system organised on a land-based legal, technical and other additional information on all properties in the territory, governed by the principles set out in Article 2. The Organization for Land and Mappings of Greece prepares and maintains the National Land Register. By decision of the Minister for the Environment, Regional Planning and Public Works, on a proposal from the Hellenic Land Administration and Mapping Organization, the National Land Registry may be entrusted with the task of drafting and maintaining, in whole or in part, the National Land Register to the company "CHOTOLOGY S.A. That decision shall specify precisely the project assigned and its execution.
Legal and technical information shall be entered in the Land Register designed to determine precisely the limits of real estate and to publish the authors in the cadastral books of rights and burdens, in a way that ensures public faith, protecting any good-faithed trader based on cadastral records.
Additional information shall also be entered, as defined in subparagraph (c) of Article 11(4), which constitutes a means of pursuing in particular the rationalization and development objectives of the country. For this purpose, the competent administrative and judicial authorities shall notify the relevant Land Office without delay of any regulatory or individual administrative act, as well as of any judicial decision defining or changing in particular the land uses and the terms and restrictions on the building of buildings, irrespective of any other form of publicity provided for in the applicable provisions. Their failure to communicate them to the relevant Land Office shall not impede their legal effects.
Since the entry into force of the Land in each of the
n. The existing system of transfers and mortgages is replaced by the existing so far. Its date of entry into force shall be set for each of the land-based areas by decision of the Organisation for the Land and Mapping of Greece, immediately after the completion of the first entries in the cadastral books and compliance with the formalities provided for in this provision. This decision of the Hellenic Land Administration and Mapping Agency, which defines the boundaries of the area covered by the Land Register, is published in the Government Gazette and is notified to the State, according to the relevant provisions concerning the notifications to it, to local authorities first and second degree, to the Land Mortgage Officer, to the Area Contracting Association and to the Athens, Piraeus, Aegean and Dodecanese Association of Appeals.
WHAT THE FIRST DOCUMENTATIONS ARE
First entries are those listed as initial entries in the Land register, by transfer from the cadastral tables, in accordance with Article 3 (2) (b). The first entries, on which each subsequent entry is based, are subject to the rules laid down in this Chapter (Article 6(1) n. 2664/1998). According to paragraph 2 (b) of Article 3 of the same law, the data kept by the Land Offices are as follows: (a) … (b) The cadastral tables on the properties included in the cadastral diagrams. The content of the cadastral tables is also the content of the first entries in the cadastral book, kept at the relevant Land Registry. …
THE PRODUCER FOR THE STRUCTURE OF THE FIRST INQUIRY
It follows from the provisions of Article 6(2) of Law 2664/1998 that in the event of inaccurate first entry in the cadastral books, as regards the beneficiary of ownership of a property, any person who has a legitimate interest (the real owner, his universal or special successor, his heir, his lender, etc.) may request an action addressed to him under the general provisions of the person responsible for matter and place (Members or Members) The Court of First Instance, the recognition of the defendant by incorrect registration of the right and the correction of the inaccurate first registration. Critical time for the existence of the real right which is affected by the inaccurate first entries is that of the opening of the cadastral in the area, where the property is located, as determined by a relevant decision of the OKHE rather than that of the rise of the action referred to in Article 6(2) of Law 2664/1998. This action is directed against the wrongfully listed on the cadastral sheet as the beneficiary of ownership of the contested property or of its universal successors and in the event of the transfer of the defendant and the special successor, and is created by law (Article 6(2)(d) and (f) of Law 2664/1998) a relationship between the defendants of Catholic and special successors, since their compulsory common passive legitimacy is provided.
SPECIAL THE CASE REFERRED TO AS THE COURT OF FIRST INSTANCE
Especially in the case of ‘unknown’ as the beneficiary of ownership and the alleged cause of acquisition by the plaintiff is exceptional use, this lawsuit is directed against the Greek State. Therefore, the appeal under Article 6(2) of Law 2664/1998 has primarily a character identification—sometimes a voter (in case of request and performance)—while the provision for the correction of cadastral records is of a watchful form and therefore the increased degree of maturity of that irrevocable is required in order to make the correction with the simultaneous creation of Article 7 of Law 2664/1998 of the irrefutable presumption of accuracy of the cadastral first registration is required.
INFORMATION ON THE DEFINITION OF THE IMPORT OF ARTICLE 6(2)
The action referred to in Article 6(2) of Law 2664/1998 is addressed to the person responsible for material and place (Single Member or Multimember) Court of First Instance, set up by the Land Court (Article 17(4) of Law 2664/1998) of a judge in the ordinary proceedings. In addition to the information required by Article 216 of the Rules of Procedure, reference should be made to the introductory application:
(a) That the actual beneficiary acquired ownership of the property in question in some legal way, i.e. a derivative (e.g. a contract, a succession) or a prototype (a regular or exceptional use) or any other legal provision (e.g. a concession from the Greek State in accordance with the provisions of the Agricultural Code or with refugee legislation, a redevelopment, an act of application, etc.) during the period before the start of the National Land Register in an area and had such (priority) at the specific point of time (start of operation of the E.K.). Critical time for the existence of a real right, which is affected by the inaccurate first entries, is that of the start of the National Land Register in an area, as defined by a relevant decision of the OCT and more than the new land registrations by decision of the Minister of Environment and Energy and not that of the rise of the lawsuit of Article 6(2) of Law 2664/1998 (AP 148/2016, APR 1342/2015, APR 721/2015, APR 15001/2013, Eph. 600/2016, Eph 618/2015, Ephpatre 226/2012 all in Law). If the invoked method of ownership is the exceptional use referred to in Article 1045 of the CC, then the plaintiff must invoke the 20-year (974 of the CC) legal order and determine also its most partial material acts, from which, if proven, the will of the holder to hold the matter as his own will will be concluded. Such obvious acts, which are specific to the nature and destination of the property and in the objective transaction concept, are manifest of its authority, in a lasting and stable manner, with the mind of a gentleman, are also the supervision, supervision, visit, cultivation, concession to a third party with or without consideration, the storage, delimitation and counting of its dimensions, the walling and reconstruction, without requiring the calendar identification of the individual acts within the time of use (AP 80/2015, APO 27/2015, APO 26/2015, all in Law).
(b) The National Real Estate Code (C.A.E.K.) of the contested property, which is the 12-digit unique number for each property and identifies in a manner that is indisputable and clear, its location, extent and limits (Article 4(1) of Law 2664/1998). This is a special number of property IDs, encoded at territory level, the acquisition of which is done by cadastral act and thus achieves easy, safe and quick search in the National Land Register database. The connection of the property to the KAK lasts until the latter is abolished or modified in accordance with the cadastral law (Article 11(3) of Law 2664/1998). KAEK is at the same time a fundamental application of the principle of specialisation and effective publicity in the National Land Registry system (D. Papasteriou Property Law, ed. 2013 p. 687). Each of the digits constituting it identifies specific information and in particular the first two digits the Prefecture in which the plot is located, the next three digits the Municipality or Municipal Apartment etc., the next two digits the ‘construction sector’ (e.g. district), the two penultimate two digits the ‘construction unit’ (e.g. building block) and the last three digits the serial number of the parcel within the section (e.g. plot or parcel). The number after the first vertical indicates the number of vertical ownership if it has been set up on the buildings of the parcel and the number after the second vertical identifies the number of horizontal property if it has been set up so. For the purpose of the action, where the whole land parcel, as reflected in the cadastral chart, is the subject of the action and not part thereof, it is sufficient that the reference of the CEC, without requiring a location, borders, area, side dimensions or any attachment of a survey diagram, as required in the other actions in order to identify the identity of the defendant, as long as the risk of the property's description not being identified with the land parcel corresponding to the specific CEK, thus embodying ambiguity and contradictions in the action. If, of course, the contested part is part of a major parcel, so if the action is accepted, spatial changes will occur, then the description of the contested section must be made with a detailed description by location, boundaries, side dimensions and summit coordinates in accordance with the HSC 87 system, which should be identified with the topographic diagram of geometric changes, which should be presented during the inadmissibility penalty, in accordance with the amendment to Law 4164/2013 and
(c) The inaccurate entry, contained in the cadastral sheet and, where appropriate, in the cadastral chart and of which the correction is requested.
In order to avoid omissions that will lead to indefinite treatment, the cadastral sheet of the buildings in which spatial change occurs shall be attached to the treatment document, the excerpts of the cadastral diagram and the topographic diagram of the geometric changes, where any geometric change occurs with the requested correction. In the case of spatial changes, it is required with an inadmissibility penalty to present during the discussion of the application of the ‘S.A.’ proposal to assist the technical conditions of the depiction of the geometric change resulting from the requested correction to the cadastral diagrams (Article 6(3) (e) of Law 2664/1998). The action shall be registered within thirty (30) days of its lodging in the cadastral books of the competent Land Office. Even with a penalty of inadmissibility the action shall be notified to those who have brought an action, intervene, etc. for claiming from them a right to the same property.
THE chronic space within which it can be exercised THE STRENGTH PRODUCER
The action is brought by anyone who has a legitimate interest within the exclusive period of seven (7) years (Article 6(1a) of Law 2664/1998). Further according to Article 1 para.3 Law.4585/2018, FEK A 216/24.12.2018: "3. For the areas declared under land ownership before 2.8.2006, the exclusive period of the first paragraph of Article 6 of Law 2664/1998 (A’ 275) shall be fifteen (15) years, if it has not already expired by 30.11.2018. Especially for the areas in which the fourteen (14) period was extended by Articles 126 of Law 4514/2018 (I 14) and 18 of Law 4551/2018 (I 116) and has not expired, as extended, until 30.11.2018, the period of the previous subparagraph is extended by three more (3) months". (b) For the areas declared under real estate before the publication and entry into force of Law 3481/2006 (I 162), the exclusive period in case I of that paragraph shall be fourteen (14) years.'*** Cases (a) and (b) of paragraph 2 were replaced by Article 37 of Law No.4361/2016, FEK A 10/1.2.2016.
*** ATTENTION: According to Article 126 of Law.4514/2018, FEK A 14/30.1.2018:
"The deadline of case 2 of paragraph 2 of Article 6 of Law 2664/1998 (A'275) is extended for a period of three (3) months exclusively for the areas in which it expires within the year 2018".
*** ATTENTION: Pursuant to Article 18 L.4551/2018, FEK A 116/2.7.2018:
"The deadline of case 2 of paragraph 2 of Article 6 of Law 2664/1998 (I 275) is extended for a period of nine (9) months exclusively for the areas in which it expires within the year 2018. The validity of the preceding subparagraph shall begin from 3.1.2018".
The first registrations, whose accuracy was not contested before the courts within the time limit laid down in Article 6(2), shall become definitive and shall produce an irrefutable presumption in favour of those first registrations as beneficiaries for the rights to which they relate.