Adverse possession (“Hrisiktisia”) on Greek property.
Greek Australians
beware!
By John Tripidakis LL.B. (Athens ),
LL.M. (London )
Australian registered foreign (Greek) lawyer, entitled to
practice foreign (Greek) law only (www.greeklawyers.com.au)
Ownership on real estate property
in Greece
can be acquired not only through a conveyance Deed (purchase, gift etc), but
also through adverse possession (“Hrisiktisia”). According to the Hrisiktisia
provisions, any person that is exercising acts of possession on any property
(even be longing to a third person), claiming it as his, for an uninterrupted
period of 20 years, becomes the undisputed owner of such property.
It is obvious that the main
danger that Greek Australians neglecting their property in Greece run, is
to lose it, to the benefit of any potential trespasser.
The acts of possession leading to
Hrisiktisia, include the: use, cultivation, fencing, renting it further,
parking the car, storing objects, building upon, walking or moaning the sheep
through it, etc.
Legally speaking, the only way to
stop Hrisiktisia, is the filing of an eviction lawsuit (“diekdikitiki agogi”)
before the Greek Courts against the trespasser. Protests to the squatter,
complaints to the local Police etc, do not interrupt the Hrisiktisia. However,
realistically speaking, the main advise is not to neglect your property. How
can this be effected? Well, I would suggest the following acts, as general
guidelines to Greek Australians, so their Title is not in jeopardy:
– Take care of all the necessary ownership and inheritance legal
procedures including probate of the Estate and Acceptance of the Inheritance
(if you have inherited it). Comply to the annual tax requirements (E1, E2, E9
etc.).
– Make sure that your Title is uncontested and properly recorded in the
competent Land Registry (“Ypothikofilakeion”) and/or Land Registry Cadastral
(“Ktimatologio”). Safe keep a certified copy of your Title together with its
Certificate of Registration from the Land Registry.
– Fence it, to keep squatters off; affix a sign on the fence with your
name.
– Beware of Greek relatives “taking care” of your property. If you have
somebody using or cultivating it (even a relative co-owner), make sure that you
have executed the proper legal documents to protect you.
– Visit it (yourself or your relatives or friends) whilst traveling to Greece and
confirm its actual status. Take pictures of your family (or your friends) at
your property.
– If you are not in a position to visit, then employ a trusted person
(preferably a professional lawyer or other) and ask him to visit, take pictures
and e-mail them to you. Ask for his report in writing. Any signs of trespassing
(e.g. a vehicle parked on your land) should alarm you.
– Have a survey (topographic diagram) of your land drawn. This will
also help you get a price idea of your property.
Al the above will help you avoid infringements on your
property leading to potential loss of your Title.
Keep always in mind that you should not be a “sitting duck”
for potential squatters, but a “vigilant owner” instead!
πηγή: The Kytherian
