Landownership for the creation of a National cadastral. Following the collection of declarations of registered rights, the suspension of temporary cadastral tables and diagrams follows. Areas of N. Pieria in which temporary cadastral data began to be suspended. Registration of registered rights in the books kept in the Mortgage, after the publication of the Real Estate data. In particular, the submission of a declaration of the right to property, after the end of the suspension of the data of the real estate, for the purpose of obtaining the exceptional use, in so far as it concerns a property which was registered as an unknown owner in the suspension of the data of the real estate. Correction of suspension data. Time limits. Request for correction, objection, request for correction of manifest error. Exploitation of real estate.
GENERAL: Where an area is declared under real estate, persons who have been registered in the cadastral books are called upon to submit a statement describing the right and referring to the cause of its acquisition (paragraph 1 of Article 2 of Law 2308/1995).
The initial stage of the collection of written rights declarations during the cadastralisation process of an area for the preparation of a National Land Register shall follow the stage of suspension of temporary cadastral charts and provisional cadastral tables. Temporary cadastral diagrams and provisional cadastral tables shall be posted to the Landing Office. It's about O.K.E. a notice of the suspension, with a reference to the place and time of the suspension, published in two newspapers in the county or district, if any, and at least one daily newspaper of nationwide circulation and posted at the relevant municipal or community store (Article 4 of Law 2308/1995).
The law grants the right to correct the provisional data of the land registration by submitting an application for a correction or objection to registration, in accordance with Articles 6 and 7 of Law 2308/1995.
The diagrams and tables shall remain posted for two (2) months from the date referred to in Article 4(4) of Law 2308/1995.
AREAS OF THE GERITORIAL LAW IN WHICH A RECOVERY OF:
The temporary cadastral diagrams and tables were recently posted in some areas of the Pieria Prefecture and the dates for the start of the suspension and submission of applications for correction and objection were set.
In particular, the temporary cadastral elements were posted in the following areas of Pieria Prefecture: Agios Spyridonas, Ano Agios Ioannis, Aronas, Ganochora, Dion, Kallithea, Karitsa (Diios), Kato Agios Ioannis, Kontariotissa, Korinos, Nea Efesos, Nea Trabzonda, Neocaesaria, Paleo Keramidi, Beach, Peristasis, Svoronos.
In the above areas of Pieria Prefecture the suspension of temporary cadastral data is ongoing. The date of the start of the calculation of the deadlines for the submission of claims for correction and objections was 6 July 2020.
Consequently, the request for correction and objections to the data of the land registration must be submitted within a period of two (2) months, i.e. until 07/09/2020. For residents abroad and the Greek State the deadline for the submission of the application for correction is four (4) months and expires on 06/11/2020.
RECOGNITION OF RIGHTS IN THE ASSISTANCE AFTER RECOVERY OF THE RECOVERY REPORTS
A) After the beginning of the period laid down in paragraph 1 of Article 5 of Law 2308/1995, a declaration of a written right referred to in paragraph 1 shall be prohibited for the transfer, registration or note of any act in the books held in the mortgages provided for in the first subparagraph of Article 1 in respect of the right to which the act relates.
Unless a declaration is made, the preparation of a legal act for the right not declared and the granting of a building permit in the name of the person who failed to submit the declaration shall be prohibited.
Any prohibition and nullity from the application of this paragraph shall be lifted either by the ex post submission of a declaration by the person who failed to submit it on purpose, provided that he has not been completely alienated from his right to the property, or by the person who acquires a written right with the above legal act. The submission of the declarations shall be demonstrated by means of a certificate issued free of charge by the competent Real Estate Office.
Apart from the above (paragraphs 6 and 8 of Article 2 of Law 2308/1995), after the end of the suspension of the data of the real estate registration, no declaration of right may be submitted with an inadmissibility penalty, in the event of the acquisition of the extraordinary use, in so far as it concerns a property which was registered as an unknown owner if it is not granted to the Greek State.
During suspension, an objection shall be lodged as to the content of the suspension data.
The objection is inadmissible if it is not attributed to the Greek State.
In order to prove the objection lodged, the Office shall issue in this case a certificate of objection, which, together with proof of the performance to the State, is used for the drawing up of contracts, conduct of proceedings and registrations in the books of transcriptions and mortgages, instead of the declaration certificate provided for in Article 5 of Law 2308/1995 (paragraph 6, 8a, 9 of Article 2 of Law 2308/1995).
(b) From the date on which the suspension of the provisional cadastral tables and diagrams as defined in Article 4 of Law 2308/1995 and until the first entries, the drawing up of contracts for the establishment, transfer, alteration or removal of real estate rights or other registrants in the cadastral books of rights in real estate in the area shall be prohibited, if not mentioned in the contract and not attached to it a certificate of real estate, issued by the competent Landmark Office. The content of this certificate shall be determined by a decision of the company ‘ANOLOGY COMPANY’, as renamed.
During the period of validity of the prohibition referred to in the preceding paragraph, no discussion in a court of law of a case which is subject to a right in cadastral books shall be allowed without the presentation of the certificate of real estate as referred to in paragraph 1, provided that the person responsible has the opportunity to make a statement.
During its validity, as referred to in paragraph 1, a prohibition may not be entered in the records of transfers and mortgages of any document to which the person liable for a declaration is a party, unless it is stated to it that the certificate provided for in paragraph 1 is attached, and, if not annexed to the relevant application to the mortgage keeper, a declaration form, the content of which may be determined by a decision of the company ‘CUSTOMS ANNOUNCEMENT COMPANY’ as renamed, and a copy of the act. If a copy of that declaration has been attached to the transcriptor in accordance with the applicable legislation. After registration of the operation, transfer and mortgage keepers shall fill in the relevant fields of the declaration form the data of the transcription or registration or note of the act, respectively, and without delay, together with the copy of the survey chart provided for in the preceding subparagraph, shall be transmitted to the Landmark Office. The above supplementation of the data of the transcription or recording or note of the operation may be made in the relevant fields of the electronic application of the declaration. In the latter case, after completing the relevant fields of the electronic application of the declaration, the mortgager shall send an electronic copy to the Real Estate Office and any topographic diagram. The Landing Office shall inform the cadastral tables and diagrams without delay.
APPLICATION FOR CORRECTION OF THE REQUEST DATA – WHO IS LEGISLATED TO SUBMIT — SUBMISSION PROCEDURE
The application for a cadastral registration may be submitted by anyone having a legitimate interest. Together with the application all necessary documents supporting it shall be submitted. The application shall be submitted to the competent Landing Office.
The above deadlines shall apply if the application does not refer to the correction of a manifest error.
In particular, the application for a manifest error, without prejudice to the provisions laid down in Article 6(5) of Law 2308/1995, shall not be subject to a deadline. In any case, by decision of the O.C.E. the date after which an application for a manifest error correction may not be lodged. A manifest error shall in particular be considered to be the incorrect indication of the data of the holder of the right registered in the suspension, the incorrect indication of the type of right registered in the suspension and the incorrect indication of the right to the document registered in the suspension. Further specialization of the concept of manifest error can be done by decision of the O.C.E.
Furthermore, the provisions of paragraphs 4 and 4a of Article 6 of Law 2308/1995 specify the concept of manifest error in a case-by-case manner.
In the areas under reallocation, where either the procedure laid down in paragraph 6.7 of Chapter 6 of the Technical Specifications Issue approved by Article 1 of 15649/31.3.2016 by the Minister for Environment and Energy (B`923) or the procedure laid down in paragraph 6.7 of Chapter 6 of the Technical Specifications Issue, approved by Article 1 of 49439/16.9.2013 Decision of the Minister for Environment, Energy and Climate Change (B' 2362), with regard to the requests for correction, the provisions of Article 6a of Law 2308/1995, which was added by Article 56c.N.4602/2019, FEK A 45/93.2019 shall apply.
RECOMMENDATION AGAINST THE RECOVERY/PRETATION/PRETATION
Article 7 of Law 2308/1995 regulates the submission of objections against suspension elements. In particular, any person having a legitimate interest may object to the objection. The objection shall indicate the full details of the objector, as well as a telephone or other appropriate means (electronic address, teletype number, etc.) for the communication of the Landing Office or the Objection Committee with him.
The time limit for the appeal shall be two (2) months and shall be calculated, in accordance with Article 4(1), for residents of abroad and the Greek State, the time limit for objection shall be four (4) months. By decision of the company ‘NOMINAL COMPANY’, as renamed, an extension up to two (2) months of the above deadlines is allowed. The period of the objections to the areas under land ownership in Pieria Prefecture expires for domestic residents on 07-09-2020 and for residents abroad on 6-11-2020.
The objection shall be submitted in writing to the competent Landmark Office. By decision of the O.C.E. the type of objection form may be determined.
Objections concerning the correction of geometric elements of the parcel within the "limiting zone" and within the "acceptable deviation", as defined in Article 13a of Law 2664/1998, shall not be forwarded by the Landing Office to the Commission for judgment, but shall be dealt with by it as requests for correction, as defined in Article 6.
Objection concerning replacement (displacement) of the provisional lists in whole or in part of a registered right of another person shall not be transmitted by the Office for the Acquisition to the Commission for judgment, but shall be dealt with by it as a request for correction as referred to in Article 6, where the third party is either consented to in writing by withdrawal of his declaration or by a declaration thereof before a notary or by a responsible statement confirming the authenticity of his signature or has requested, due to an incorrect entry in the provisional lists, the total or partial deletion of his right to the property concerned by that objection.
The Commission shall decide on the objections by applying the provisions in question and on the basis of: The Commission shall give a reasoned ruling on the objections within two (2) months of delivery to it by the competent Office for the Realization of the objections dossiers. This period may be extended for two more (2) months by decision of the O.C.E. It is not considered sufficient to make a simple reference to the Commission's memorandum to assist its work, the Landing Office.
The record of the Office for the Real Estate of Objections may be posted on the Agency's website as defined in Article 6(7).
The Commission may, by its Registrar, invite at least ten (10) days before the meeting to attend the debate of those having a legitimate interest. Before the Committees, persons concerned may be present, either in person, with or through a proxy lawyer. This procedure allows technical advisers to participate.
Issues relating to the submission and examination of objections, the manner in which those having a legitimate interest, as well as any relevant technical and detailed issues, are addressed by decision of the Minister for Environment, Energy and Climate Change, published in the Government Gazette. The above decision as a way of informing interested parties about the place and time of the Commission meeting may provide for the publication of the relevant exhibits for the Commission meetings on the website of the company ‘CHOTOLOGY ANNOUNCEMENT COMPANY’ as it is renamed. In any event, a condition of the admissibility of the objection, where the objector is requested to replace (the displacement) from the cadastral tables, in whole or in part, a registered right of another person, constitutes the statement by the objector in every appropriate manner of the objection to the affected person (Article 7 of Law 2308/1995).
TERMINATION OF THE STATION
After completion of the procedures as provided for in Articles 6, 7, 8, 8a and 8b of Law 2308/1995, the competent Landing Office shall reform the cadastral diagrams and cadastral tables, taking into account any other evidence collected in the meantime, in accordance with the provisions of that Act. A registered right, for which a late declaration referred to in Article 2(8) was submitted after suspension, shall not be entered in the cadastral table, provided that its inclusion would result in the replacement (the displacement) of a right included in the cadastral table of suspension. This restriction shall not apply in cases of special and universal succession to the right included in the cadastral tables of suspension, nor to cases where a judicial decision is presented, whereby a difference is resolved between the applicants. In any case, the column of observations in the cadastral table shall indicate a brief justification for changes in relation to the corresponding cadastral table of the suspension. Immediately after the completion of this reform, it is published by the O.C.E. a document to close the entire cadastralisation process.
Reformed cadastral tables and diagrams are posted on the company's website "CHOTOLOGY ANNOUNCEMENT COMPANY", as it is renamed. By decision of the Minister for Environment, Energy and Climate Change, published in the Journal of Government, issues of technical and detailed nature are identified for suspension. The same decision may provide for the dispatch of extracts from the reformed cadastral tables and diagrams to the listed beneficiaries.
By way of exception to those set out in paragraph 1, a reasoned decision by the Minister for the Environment, Energy and Climate Change may establish the closure of the cadastral unit cadastral unit cadastral unit cadastralisation process where no objection has been lodged in accordance with Article 7 or is not affected in any way by the submission of an objection. In such a case, the content of the provisional cadastral tables and diagrams referred to in Article 4, as revised after the completion of the procedures referred to in Articles 6, 8, 8a and 8b, shall be transferred to the final cadastral tables and diagrams and the first entries shall be made in the cadastral books referred to in Article 12.