Updated: Dec 2, 2018
According to the provisions of the n.d. 3958/1959, article 15.- 1. "Transfers of agricultural lots of plots of land or buildings made before the validity of this document through a public document, in violation of the provisions of the Agricultural Legislation regarding the limitations of transactions during the lifetime of transfers of lots, are sanctioned by virtue of the present, from the fact, with respect to only these violations, as long as …. 2. The aforementioned transfers made before the validity of the present by means of a private document bearing a certain date, proven either according to article 413 of the Civil Procedure, or by providing full proof of the actual establishment and exercise of possession deeds for the exploitation of the property other than the one to whom the transfer is made, before the validity of the present, are valid, from the event, with regard to the aforementioned violations, following a decision of the competent, as to the location of the property, a Justice of the Peace decision and on the transfer of ownership, issued on the request in favor of the transfer or his heirs, in accordance with the procedure of Law B.X.H. as subsequently amended. Against this decision, only the legal remedy of the Appeal is allowed, tried before the President of the First Instance of the same location of the property. The issued decision, rendered final, constitutes a transferable ownership title".
Even according to the provisions of article 31 of Law 4061/2012: "1. The provisions of article 15 of the n.d. 3958/1959 apply to transfers of agricultural lots or plots made before the publication of this law. For the rest, the provisions of paragraphs 2, 3, and 5 of article 2 of Law 666/1977 apply. The deadline referred to in paragraph 2 is extended from the time it expired for another five (5) years from the publication of this law. …… 2. The deadline provided for in paragraph 1 of article 12 of Law 634/1977 (A` 186) for the submission of a declaration to the Public Financial Services, in the cases of validation of anomalous legal acts, in accordance with Article 15 of Law 3958/1959, is extended from the time it expired for another five (5) years from the publication of this law. 3. By joint decision of the Ministers of Finance and Rural Development and Food, the deadlines of the previous paragraphs may be extended for two (2) more years". And according to the article only of the YA 2128/95263 (Government Gazette B` 3311/20.09.2017): "We extend, from the date of expiry, that is from 22-03-2017 the deadline for validating irregular legal acts, based on the provisions of article 31 of Law 4061/2012, for two more years, until 22-03-2019 as well as the deadline for the submission of the relevant declaration to the Public Financial Services, in accordance with the provisions of par. 3 of article 31 of Law 4061/2012 (Government Gazette A`/66/22-3-2012)".
In accordance with the above provisions, transfers of agricultural lots of plots of land or buildings which were made up to 22-3-2012 by private agreement, which bears a certain date, proven either according to article 413 of the Civil Code, or by providing full proof (e.g. examination of a witness) of the actual establishment and exercise of possession deeds through the exploitation of property, regardless of the person to whom the transfer was made before 22-3-2012, are validated with the prescribed procedure. The competent court for the validation of these is the Magistrate's Court of the location of the property, which hears the application during the voluntary jurisdiction procedure. During the discussion of the relevant application, all supporting documents specified in article 1 of the B.D. of 13/9-6/10/1959 "on determining the required supporting documents, etc.", as later amended by article 1 of the B.D. 471/10-26 July 1961, issued in view of paragraph 3 of article 15 of the N.D. 3958/1959 and in particular: 1) the private agreement to be ratified, 2) the title deed under which the lot was granted, 3) the certificate of the political land address of the competent P.E., which proves that the disputed property has been granted and that no price is owed to the State, 4) the relevant transfer tax statement to the competent D.O.Y.
This procedure does not validate other shortcomings, such as the lack of legal capacity in the person of the parties to the private agreement. The contracting parties may bring the private agreements to be ratified and submit their relevant application to the competent Magistrate's Court until 22-3-2019.