IMPORTANT NOTICE: The answers on the questionnaire reflect the relation between Land Registries and the Cadastre before the entry into force of Law 4512/2018 (on 17.01.2018). The latter entails radical changes as it entirely abolishes Land Registries.
To date, the provisions of the said law have not been implemented since they have been challenged judicially as being against the Greek Constitution and the administrative
acts required have not yet been issued.
What is the status of the Land Registrar in your country:
a) Who is responsible for performing the act of registration of property rights?
The Land Registrar is exclusively responsible for registration of property rights.
b) In case of doubt/appeal, who decides?
In case of doubt, the law provides for a procedure of appeal before the Judge of the non-contentious jurisdiction
c) Must he/she have a legal educational background?
The profession of the Land Registrar is among the legal professions provided for by the Greek Constitution. The Land Registrar must hold a Law Degree and is appointed after a successful participation in a special public contest organized by the Ministry of Justice.
d) Could you characterize the act of registration as a purely administrative duty or a quasi-judicial one?
According to the law and the jurisprudence of the Greek Courts, the act of registration is considered to be a quasi-judicial one.
e) Is the Land Registrar independent in his/her decision making? If yes, how does your legal system assures such functional independence (i.e. the decisions are only challenged before a court).
The functional independence of the Land Registrar is inherent in the nature of the profession. It is assured by the fact that the decisions of the Land Registrar are controlled exclusively by judicial authorities and not administrative ones. I.e. the Registrar cannot receive any kind of orders by the Minister of Justice or any other officer.
The Registrars decisions are only challenged before a Judge and it is only the Public Prosecutor who, in rare cases, can order the Registrar to register a deed or to abstain from registration.