We must distinguish the Land Registries in areas where cadastral data does not exist (a) or does exist (b):
a) The system in this case is “person based”, all enquiries concerning immovable property are based on the name of the owner. The certificates issued by the Land Registrar are the following:
1. Certificate of registration; it certifies that a specific act has been registered.
2. Certificate of encumbrances; it certifies the existence or not of a mortgage, pre-notice of a mortgage, seizure, temporary restraining order etc. of a specific plot (it is issued after a thorough control of all past and present owners of the specific plot, since encumbrances, under Greek property law, follow the plot independently of the person of the owner.
3. Certificate of vindication; it certifies whether or not a specific plot is vindicated, since under Greek property Law, all vindicatory actions concerning property rights must be registered in the Land registry.
4. Certificate of ownership; it certifies that a specific person who acquired ownership by a title dully registered in the Land Registry is still the owner of that property.
b) The system in this case is “plot based”, registration of all property rights concerning an immovable is being done under that specific immovable bearing a unique cadastral number. The excerpts of the cadastral data base bear the unique cadastral number of the immovable, and reflect, depending on the type of the excerpt, either the legal status of the immovable or the technical/graphic information about it.
The certificates and excerpts are dated and signed by the Land Registrar, who bears the full responsibility for their accuracy.
The information provided by the Land Registry, which functions with no cadastral data, is always related to a specific ownership title registered under a specific owner’s name. The certificate issued contains a very brief description of the immovable, but it makes reference to a specific ownership title (notarial act, court decision or administrative act) registered in the registry and containing a complete description of the immovable (location, address, type of the immovable according to land use, surface in square meters and boundaries of the plot or the condominium.)
The excerpts issued by the LR with cadastral data contain a full description of the immovable, which bears a unique cadastral number, with reference to all the above mentioned elements. In addition, they contain a sketch of the immovable as it is placed in the existing map and a graphic description containing photos of the immovable.
Regarding ownership, the information available in the land registry refers to full identity data of the owner, nature of right (i.e. full ownership, usus fructus etc.), share, title and date of acquisition, date of registration.
C) MORTGAGES AND BURDENS
The legal information provided by the Land registry contains the following data depending on the nature of the right:
a) Mortgage: Basis (causa) of the obligation ensured, description of the obligation ensured and reference to its amount, name of the secured creditor, amount of the mortgage (which is distinguished from that of the obligation), deadline for the payment of the obligation ensured. Under Greek law, it is possible to also register a pre-notice of a mortgage.
b) Easement: the notary act to be registered, which contains the easement, must describe the nature and causa of the easement, the conditions for the exercise of the right and the properties affected.
c) Usus Fructus: name of the holder and duration of the right. (To be noted that, under property law, simple use is not a property right and cannot be registered in the Land Registry)
d) Prohibition of disposal; it is imposed via a court decision which is registered in the Land registry and contains the cause of the prohibition, the forbidden acts and the deadline of the prohibition.
e) Seizure: the registration makes reference to the warrant of seizure, the cause of the seizure, name of the forwarding creditor and the amount for which it is imposed.
f) Vindication: all civil actions in rem must be registered (if not, they are rejected by the court), the information available concerns the names of the litigant parties, the competent court, the nature of the dispute, the basis of the plaintiff’s claim, the date of the trial.