What happens when a property is jointly owned — that is, belongs to several persons — and only one of the owners uses it exclusively?
Co-ownership of real property creates problems, which may be resolved by dividing the property into separate parcels for each owner. This can be done with the consent of all parties before a notary public. Where this is not possible, however, in certain cases — provided the strict statutory conditions are met — there may be an informal partition of the joint property without a notarial deed but through acquisitive prescription (chrisiktisia).
A co-owner cannot invoke that he has acquired possession by acquisitive prescription over the joint property unless he has notified the other co-owners in writing (by extra-judicial notice) of his decision to possess the property exclusively for himself from a specific moment onwards. The same applies to a co-heir who claims a share larger than his hereditary portion: if he does not give such notification, he is deemed to hold the property in the name of the other co-heirs.
What court rulings exist regarding acquisitive prescription between co-owners?
Extraordinary acquisitive prescription means acquisition of ownership “originally”, that is, the person who acquires ownership does not derive it from the previous owner. The undivided co-owner of a property is deemed to hold the joint thing in the name of the other co-owners as well, and therefore cannot invoke against them either acquisitive or extinctive prescription before he has made known to them his decision to possess henceforth a share larger than his portion, or the entire joint thing exclusively on his own account (Areios Pagos 1431/2010, AP 2238/2014). Consequently, a person who has held 100% of a portion of the property (formerly joint property) for twenty years with the intent of an owner satisfies the requirements of acquisitive prescription and becomes the owner of 100% of that specific portion of the (formerly) joint property.
The same case-law provides that “such notification, however, is not required where the co-owners proceed to an informal partition of the joint property, since from that point onwards each of them, with the knowledge of the others, possesses exclusively for himself the part of the property allocated to him by the informal partition” (AP 211/2010, AP 1431/2010, AP 337/2019; see also Plenary AP 485/1982, AP 610/2012, AP 784/2012, AP 1421/2011, NOMOS database).
Such notification is also not required: “when the other co-owners have become aware, by any means, of the decision expressed by the co-owner that he holds the entire joint property and that he henceforth possesses it exclusively for himself” (AP 1346/2010, AP 32/2000); “in the case of voluntary delivery of possession following an informal partition, provided that from that moment onwards the holder of the joint property clearly expresses his will to possess it exclusively on his own account, and the others who participated in the relevant agreement accepted that will” (Plenary AP 485/1982, AP 1475/2008 EllDni 50.1406, AP 1878/2007 EllDni 49.197, AP 298/2004 EllDni 46.757, AP 1410/2003 EllDni 45.1442).
Examples of notifications in cases of acquisitive prescription between co-owners
If the above condition of notification is met, the person who holds the entire joint property may invoke against the other co-owners his acquisition of it by extraordinary acquisitive prescription, the limitation period of which begins to run from the date of the said notification of his decision.
Such notification to the co-owners may be made either expressly or tacitly, that is, through acts that demonstrate the above decision of the co-owner who holds the property; while knowledge of the other co-owners regarding the adverse appropriation of possession may derive either from a declaration of the person appropriating possession of the joint property, or from any other person (their representative). It suffices that the co-owner becomes aware of the adverse appropriation of the joint property by the holder, regardless of the source of that knowledge.
The above provisions also apply to inherited real property and, consequently, the co-heir who holds the entire joint property is deemed to hold it in the name of the other co-heirs as well, and cannot invoke against them either extinctive or acquisitive prescription before he has made known to them that he possesses a share larger than his portion or the entire joint property exclusively on his own account.
- See also article Property Purchase
- See also article Property Sale
- See also article Fraud Against Property Buyers by Sellers
- See also article Action for Partition of Real Property
- See also article SYPOTHA – Unauthorized Constructions
- See also article Fines for Unauthorized Constructions
- See also article Annulment of SYPOTHA Decision
- See also article Acquisitive Prescription
- See also article What is the KAEK?
- See also article Pre-notation of Mortgage
- See also article Tenant Eviction
- See also article Professional and Commercial Leases
- See also article Correction of Manifest Error – Unknown Owner – National Land Registry
FREQUENTLY ASKED QUESTIONS ON ACQUISITIVE PRESCRIPTION BETWEEN CO-OWNERS
1. Can I become the sole owner of jointly owned property by acquisitive prescription?
Yes, but only under strict conditions. The law generally presumes that a co-owner who holds the joint property possesses it on behalf of the other co-owners as well. Therefore, mere use — even for decades — is not sufficient on its own to establish acquisitive prescription against the others. It is required that the other co-owners be notified, expressly or tacitly, of the decision to possess the property exclusively for oneself from that moment onwards. After such notification and the completion of twenty years with the intent of an owner, that person may be recognised as owner of the part he holds.
2. How is notification to the other co-owners proved?
The safest method is an extra-judicial notice served by a bailiff on the other co-owners, clearly setting out the will to possess exclusively on one’s own account. Case-law also accepts tacit notification, through acts that exclude the others from use (fencing, erection of a building, leasing to third parties, payment of taxes in one’s own name). In addition, where an informal partition of the property has previously taken place, notification is presumed. Proof is critical and requires a combination of documents, witness testimony, and factual evidence.
3. How long is needed for extraordinary acquisitive prescription?
Extraordinary acquisitive prescription requires possession with the intent of an owner for twenty consecutive years. The twenty-year period does not begin on the day the co-owner entered the property, but from the moment he notified the other co-owners of his will to possess exclusively for himself, or from the moment they became aware by any means. In the case of an informal partition, the period begins from the delivery of possession. The exact starting point is usually the most contested issue at trial, since it determines whether the required period has been completed.
4. What documents and evidence are required?
The following are gathered: title deeds (sale contracts, acceptances of inheritance), extracts from the National Land Registry, topographical diagrams, electricity (DEI), water (EYDAP) and shared expenses bills in the name of the holder, E9 declarations and proofs of payment of the Real Estate Property Tax (ENFIA), insurance policies, lease agreements if the property is rented to third parties, building permits and expenses for repairs or construction. Equally important are any extra-judicial notices or written communications with the other co-owners, as well as witnesses (neighbours, relatives) who can confirm the exclusive use over decades. The longer and more uninterrupted the evidence, the stronger the case.
5. What are the chances of success in court?
This depends on how clearly notification, exclusive possession, and the twenty-year period can be proved. When an informal partition has taken place, with clearly defined boundaries between portions, tacitly recognised by all co-owners over decades, the chances are significant. More difficult are cases where the other co-owners dispute whether they were aware, whether they participated periodically in the use, or whether they collected a share of the rent. Particular care is required in inherited real property, where possession is generally deemed to be exercised in the name of all co-heirs, until proven otherwise.
6. What is the role of the lawyer?
The lawyer assesses from the outset whether the conditions are met, identifies the appropriate starting point, and gathers the necessary evidence. He drafts the extra-judicial notice of notification when required, files a declaratory action of ownership before the competent Court of First Instance, or defends with a plea of acquisitive prescription against an action for partition brought by the other co-owners. He also arranges for the registration of the judgment with the National Land Registry and the transcription books, so that ownership is secured against third parties. Experience in property law and a sound evidentiary strategy determine the outcome.