As stated by the Cadastre in a relevant announcement, the process of completing the land registry has revealed thousands of cases where the State is claiming ownership of properties or entire areas.
The six-month suspension provides the opportunity to establish clear criteria, based on the case law of the Supreme Court, in the coming period. These criteria will guide the Administration and the State Legal Council, in order to avoid unjustified claims, reduce the burden on the courts, and minimize the involvement of services in cases with no substantial benefit to the State.
Are there cases where the State files lawsuits without having legal title? Yes. Today, the State files lawsuits even in cases where it does not have legal title, especially as the successor of the Ottoman Empire.
For example, state land services claim land either without citing any specific documents or with poorly defined descriptions of properties from the Ottoman period. They argue that Greece succeeded the Ottoman Empire in property ownership, without considering the actual status of the property from the time of independence until today, or even the existence of titles from real private owners. Furthermore, there are cases where the state targets owners who have established rights through adverse possession for decades.
Another key reason the state considers itself the owner of certain properties is their alleged forest classification, even in cases where they have been declassified. Additionally, many expropriation actions before 1950 have never been implemented.
How many such cases exist to date? The total number of these claims will be determined after the completion of land registration and when correction lawsuits are filed for properties of "unknown owners," expected between the end of 2025 and December 2026. According to the latest report from the State Legal Council, only in 2023, 857 new land registration lawsuits were filed, along with 465 appeals and 179 cassations. Additionally, there were 3,106 appearances at the Single-Member Court of First Instance, 207 at the Multi-Member Court of First Instance, and 545 at the Court of Appeals, which concerned land registration lawsuits from previous years. It is worth noting that according to the same data, the state loses almost three-quarters of the cases it appeals.
What should I do if a lawsuit has been filed but I do not wish to be included in the new regulation? The new regulation provides an option for citizens involved in lawsuits with the State to request that the case proceed as scheduled. Specifically, any citizen can, through their lawyer, submit a request to the President of the Three-Member Council of the Court of First Instance to have their case heard.
What should someone do if they see their property listed as "unknown owner"?
The issue of properties listed as "unknown owner" can now be resolved extrajudicially by submitting an application for obvious error, which is done electronically.
A private owner who, for any reason, has not declared their property in the land registry, if they have legal title (such as a notarial deed or court decision), can submit an electronic application to the relevant cadastre office. The land registry officer is then obliged to correct the property's record, officially listing them as the owner.
This process has been simplified, and the correction in favor of the private owner is binding for the Cadastre, thanks to legislative initiatives by the Ministry of Digital Governance, ensuring that citizens avoid legal hassles.
For submitting an obvious error application: Link to application
What happens with properties that have been declassified as forested? Under Article 15 of Law 5142/2024, which was passed by the initiative of the Ministry of Digital Governance, the owner of a property that has been declassified as forested can, with the relevant decision and title, correct the record in the Cadastre and have the relevant KAEK (land registration code) officially returned to the legal owner.
For submitting a correction application: Link to application
