CADASTRAL SURVEY OF IKARIA ( ) ZACHARIAS KESSES - - - PowerPoint PPT Presentation

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CADASTRAL SURVEY OF IKARIA ( ) ZACHARIAS KESSES - - - PowerPoint PPT Presentation

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ATHENS LEGAL FIRM - LAW FIRM KESSES - NIKOLOPOULOS - STAMATIADIS Athens Bar Reg. No 80391 Mavrommateon 39, 10434, Athens, Greece EL: 210.8259320-1, FAX: 210.8259320 EMAIL: info@athenslegalfirm.gr Website: www.athenslegalfirm.gr CADASTRAL

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SLIDE 1
  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

CADASTRAL SURVEY OF IKARIA (ΚΤΗΜΑΤΟΓΡΑΦΗΣΗ ΙΚΑΡΙΑΣ)

ATHENS LEGAL FIRM - LAW FIRM KESSES - NIKOLOPOULOS - STAMATIADIS Athens Bar Reg. No 80391 Mavrommateon 39, 10434, Athens, Greece ΤEL: 210.8259320-1, FAX: 210.8259320 EMAIL: info@athenslegalfirm.gr Website: www.athenslegalfirm.gr

ZACHARIAS KESSES - NASOS NIKOLOPOULOS

Attorneys at law - Athens Legal Firm Detroit, 1 September 2019

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

  • A. CADASTRAL SURVEY
  • 1. What the Cadastral Survey is
  • 2. Cadastral Survey Stages
  • 3. Who must apply
  • 4. Ways of Submitting a Declaration
  • 5. Declaration Forms - Instructions for

filling out the Declarations

  • 6. Special Occasions
  • 7. Property Localization
  • 8. Deadline for submitting property

declarations

  • 9. Overdue Declaration
  • 10. Corrections after the Submission of

a Declaration

  • 11. Processing of declarations

Structure of presentation

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

  • B. SUSPENSION OF CADASTRAL

DATA

  • 1. What suspension of Cadastral data

is

  • 2. What should a beneficiary/owner do
  • 3. How to read the Excerpt
  • 4. Correction Requests / Appeals -

Deadlines & Forms for filing Correction Requests and Appeals

  • 5. Following Suspension -

What changes in Property Declaration procedure

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

  • A. CADASTRAL SURVEY
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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

The development of Cadastre (“cadastral survey” - Κτηματολόγιο) at a region is defined as the procedure of recording the real property(ies) or other registrable rights which a person or a legal entity has on real properties

  • f a specific region of the country and

the connection of these rights to a specific property(ies), as the latter are defined and depicted, after being checked and technically processed, on cadastral diagrams.

What the Cadastral Survey is?

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

Cadastre is different from the existing and functioning Land Registries (Υποθηκοφυλακείο), but they are associated and supplementary to each other. Irrespective of any similarities, previous and existing inscription to the Land Registry do not substitute the compulsory cadastral survey procedure.

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

The cadastral survey procedure includes the following stages:

  • i. Submission of property declarations
  • ii. Formation of interim cadastral tables

and diagrams

  • iii. Suspension of the interim cadastral

data

  • iv. Submission of objections
  • v. Reformation of cadastral data

vi.Commencement of the Cadastral Office’s operation in the particular area

Cadastral Survey Stages

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

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  • i. Private Person (individual)
  • ii. Legal entity

After the deadline for the submission of declarations expires and up until the beginning of the suspension

  • f cadastral data, any person or legal entity that

acquires a right on a property (e.g. by inheritance) must submit a declaration to the cadastre. This declaration is not an overdue one. The declaration is submitted to the competent Cadastral Survey Office within one month from the date when the right in question was acquired, meaning from the date when it was transcribed to the Land Registry Office.

Who must apply?

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You can submit your ownership declaration in the following ways: i) Going yourself or sending a third party to the competent Cadastral Survey Office. In case a third party submits the declaration, they must provide a simple authorisation document (without attestation of the originality of the signature). Upon submission of the declaration, you need a simple photocopy of your deed, your Identification Card or passport and to present a document reading the Tax ID Number of the declarer (e.g. revenue statement, power bill etc.) ii) On-line submission of the declaration.

Ways of Submitting a Declaration

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

IKARIA

  • i. The relevant forms D1 - Declaration Form of Law

2308/1995 and D2 -Declaration Form of Law 2308/1995 must be filled by each beneficiary for each

  • f the corresponding right, with a separate declaration

fee applying on each right. Fees vary from 20 to 35 Euro, depending on the declared right. In rural areas, persons who submit a declaration of more than two rights within the same municipality pay a fixed fee for two (2) rights only, irrespective of their total number.

Declaration Forms Instructions for filling out the Declarations

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i. Legacy Entitlement, acquired by inheritance, may be declared even if no inheritance acceptance or other equivalent act has been drawn up.

Special occasions 1/2

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  • II. Adverse possession

If someone has acquired the right to adverse possession, he is obliged to testify:

  • 1. A final judgment, if any, whether

2 . A t l e a s t t w o d o c u m e n t s , t h e combination of which proves the 20-year

  • wnership and possession of the

property. In this case, it is necessary a topographic diagram.

Special occasions 2/2

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Any person or legal entity is obliged to provide sufficient information to enable the location and limits of the declared property to be traced. In particular, it may be presented: I. Topographic diagram, which must contain coordinates in the National System Coordinates, which it uses the National Cadastre. This is the most reliable way of locating and identifying the

Property localization

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boundaries of the property. It can be presented a topographic diagram, which has already been drafted for any other reason, but it must contain coordinates as well.

  • II. In case of no topographic diagram

possible is the identification of the property through the "Orthographic v i e w i n g service" on the website www.ktimatologio.gr. And in this case we need to know the coordinates of the property in order t

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The usually prescribed period of declaration for Greek inhabitants is 3 months, while for those residing abroad is 6 months. However, the duration of the declaration period might vary from area to area. Τhe procedure for submitting property declarations to the Hellenic Cadastre for the properties located within the Regional Unity of Ikaria commenced on the 14th of January 2019. The deadline for submitting declarations for foreign residents expires on the 14th of October 2019.

Deadline for submitting property declarations

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If someone has not submit an ownership declaration to the Hellenic Cadastre in due time, they can submit an overdue declaration during the cadastral survey until the date that will be defined with a decision issued by the Ministry of Environment and Energy, filing the D2 - Declaration Form of Law 2308/1995. However, a fine is prescribed in this case depending on the type and value of the properties. The fines range from 50 to 250 EURO and their imposition is expected at a later stage.

Overdue declaration

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  • i. Correction of the declaration details

If you wish to correct details in your declaration you can submit to the competent Cadastral Survey Office an Application for Correction of Declaration Details , to which you will attach a declaration form having completed only the fields that need correction.

  • ii. Correction of contact details

In case the contact details you declared have changed you should notify the competent Cadastral Survey Office about it by submitting an Application for Notification of Contact Details Change.

Corrections after the Submission of a Declaration

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  • iii. Pendency in the declaration dossier or Contract Not Transcribed to the

Land Registry Office If you submitted an ownership declaration to the Hellenic Cadastre for a property that you had not transcribed to the Land Registry Office, once the transcription procedure is completed, you can submit an Application for Lodgment of Supplementary Data to the competent Cadastral Survey Office, attaching to it the Transcription Certificate. It is noted that the transcription of contracts to the Land Registry Office is compulsory.

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Today the cadastral survey is continued with the processing of declarations and the exact demarcation of land parcels. The second phase will end with the formation of the interim cadastral tables. The tables will be suspended at the Cadastral Offices. The Suspension will allow citizens to check the content of registrations and to submit

  • bjections to any errors or oversights.

Processing of declarations

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  • Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF

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  • B. SUSPENSION OF CADASTRAL

DATA

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The Suspension of cadastral data (tables and plans) is through this posting that the recording of property declared during the first stage of the survey, and subsequently processed by lawyers and topographers, is made public. The Suspension consists of: a) The Cadastral Table b) The Cadastral Plan This stage includes the submission and consideration of appeals and applications for correction, as well as the corresponding rectifications to the cadastral tables. Upon its completion, interim cadastral data is finalized, the cadastral survey is completed and the National Cadastre begins to operate in place of the Land Registry.

What is suspension of Cadastral data

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Beside the suspension of Cadastral Data in Cadastral Offices excerpts will be delivered by mail to each beneficiary’s stated mailing address. Therefore, it is crucial to state a secure and stable contact address and email address or declare an attorney’s address for reasons of communication certainty. This way, everybody is duly informed about the registration of his rights and the geographical depiction of his property and as far as one is in agreement with these data he does not need to take any kind of action. In case one disagrees with any of the recorded data, he or she may submit either a correction request or an appeal.

What should a beneficiary / owner do

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After registering the rights into a singular electronic database, the point of reference is the property, which is assigned a unique number called National Cadastre Code Number (KAEK) irrespective of the number of possible co- beneficiaries and/or rights pertaining to the property. Apart from the beneficiary’s identification data you will find crucial information concerning the overall picture of your rights within the specific

  • Municipality. Specifically, you will find:

How to read the Excerpt

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a) Rights included in the Suspension. b) Rights which were rejected due to insufficient data. c) Rights which have been impossible to locate. d) Rights arising from other evidence.

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A beneficiary who is dissatisfied with any of the elements of the Suspension, as well as anyone with an interest in bringing an action, may file an application for correction of land registration or an appeal before the relevant Cadastral Office, within a period of two (2) months if he/she resides in Greece, or within a period of four (4) months if he/she resides abroad. The starting date period is set by NCMA S.A. through public announcement. Correction requests and appeals are to be submitted by a third party with a simple authorisation document to the Cadastral Office responsible for the region of the property involved, at a cost of 5 Euro. Correction requests are examined and processed by the Cadastral Office, whereas . appeals are judged by a three-member committee chaired by a judge.

Correction Requests / Appeals - Deadlines & Forms

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At the beginning of Suspension for a region, attaching a Certificate of property under cadastral survey becomes mandatory for all transactions involving property of this region. This certificate is issued by the region’s Cadastral Office, and notaries have to require it upon drafting of contracts. It is also required in all procedures involving real-estate property before the courts, as well as in the registering of all transactions in the Land Registry.

Following Suspension

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CADASTRAL SURVEY OF IKARIA (ΚΤΗΜΑΤΟΓΡΑΦΗΣΗ ΙΚΑΡΙΑΣ)

ATHENS LEGAL FIRM - LAW FIRM KESSES - NIKOLOPOULOS - STAMATIADIS Athens Bar Reg. No 80391 Mavrommateon 39, 10434, Athens, Greece ΤEL: 210.8259320-1, FAX: 210.8259320 EMAIL: info@athenslegalfirm.gr Website: www.athenslegalfirm.gr

ZACHARIAS KESSES - NASOS NIKOLOPOULOS

Attorneys at law - Athens Legal Firm Detroit, 1 September 2019