Land Register Search – Verification of ownership at the Land Registry and/or Ktimatologio before purchasing property in Greece
Before the transfer of a property, every buyer should retain the services of a lawyer to review and verify the ownership status of the plot to be acquired, in particular the seller’s ownership deed. The purpose is to avoid acquisition or disposition by a person who is not entitled to do so. Unlike German law, good‑faith acquisition of real estate is not possible in Greece. Good‑faith acquisition is only possible under law for movable property.
The former land registry system in Greece was name-based (a register of persons) rather than organized by parcel or property location. As a result, the land registry of a particular district or municipality only shows the real estate owned by a specific person in that area—that is, which notarial transactions the person has completed for properties located there.
The land registry essentially consists of several books:
- The transcription book
- The mortgage book
- The book of attachments (seizures)
- The vindication book
These books together form a single system, always maintained in the same office, and collectively provide the information necessary to determine a person’s real estate holdings within a given municipality. In addition to encumbrances recorded in the mortgage book, the book of attachments includes any relevant entries on seizures.
In many regions of Greece, the new land registry/cadastre (Ktimatologio) is now operational. Unlike the old system, it is object-based rather than name-based, recording properties by parcel rather than by owner.
Land registry entries in Greece do not enjoy public faith
In Greece, neither a person’s entire real estate holdings nor all transactions concerning a specific plot are recorded centrally. As a result, land registry searches are necessarily limited. If a person owns multiple properties in different locations, searches must be conducted at each relevant land registry office. For an effective search, one requires not only the owner’s full personal details but also the precise location of the property, as only the land registry office competent for the district can perform the search.
It is important to note that, under Greek law, land registry entries do not enjoy public faith. Traditionally, land registry offices have only checked the formal regularity of entries, not their substantive legality. Therefore, an invalid transfer of ownership is not cured by a land registry entry. Conversely, a formally valid deed and registration do not guarantee ownership if the seller was not the true owner.
The establishment of the cadastre (Ktimatologio) is gradually changing this system. Now operational in numerous regions, the cadastre records plots by parcel rather than by owner, creating a land registration system more comparable to Germany. For further details, see “Land Register and Cadastre in Greece (Ktimatologio).”
Land Registry Search Procedure
The search begins with inspection of the index registers, or vivlia meridon, which list all registered owners and right-holders alphabetically and provide cross-references to other registry books (transcription, mortgage, attachments, vindication).
Advantages of the Legacy Land Registry:
- It allows creditors to initiate enforcement measures by performing name-based searches for attachable real estate.
- Encumbrances can be verified by checking the mortgage book, which is organized by owner name, requiring cross-references with the transcription records.
Comparison with Ktimatologio:
In the cadastre, encumbrances are listed directly on the parcel’s folio, allowing direct verification without person-based searches. Like in Germany, a review of ownership and encumbrances is essential before purchase. Unlike Germany, however, Greek law does not provide public faith protection for real estate, making verification critical.
Verification of Ownership
Because good-faith acquisition applies only to movable property in Greece, prospective buyers must ensure that the seller is the true owner. This requires reviewing both the seller’s acquisition and that of their predecessors, typically over a 20–30 year period, to identify possible claims or encumbrances, including acquisitive prescription (usucapion).
Usucapion:
Governed by Articles 1045 et seq. of the Greek Civil Code.
- Ownership may be acquired originally after 10 years (regular usucapion) or 20 years (extraordinary usucapion).
- Land registry checks must verify whether the seller meets these criteria for potential original acquisition of ownership.
- In regions where the Ktimatologio has been introduced, searches should be conducted in both the cadastre and the legacy land registry to ensure comprehensive verification.
Conducting searches at land registry offices and the Ktimatologio in Greece
Our law firm conducts searches at both the land registry and the Ktimatologio. The duration of these searches primarily depends on the number of historical transfers and the type of previous contracts involved. Fees are agreed separately, based on the scope of the search.
In enforcement matters, locating attachable assets can be particularly time-consuming—especially if research must be carried out across multiple locations or if the real estate is spread over several districts. Thanks to our nationwide network of colleagues throughout Greece, we can perform land registry searches at any location on short notice. Only after these searches yield positive results do we proceed to the signing of notarial deeds.
A prospective buyer may also request a certificate of register entries directly from the land registry. However, this certificate provides only an extract of the merides—a brief overview of entries. Retracing previous transfers, including inspecting the relevant contracts, is not performed unless expressly requested. In complex cases with long transfer histories, processing times can be considerable due to the number of predecessors in title.
From both a cost and quality perspective, relying solely on the registry certificate is generally not advisable: contracts are not examined, and there is a risk of errors by the caseworker. For these reasons, it is strongly recommended to instruct a lawyer experienced in real estate law to carry out the search comprehensively.
(As of March 2023. All information is provided subject to change and without guarantee.)