Correction of a manifest error in the land registry, unknown owner of real property, lawyer for land registry disputes.

Q: How long does the procedure for correcting the entry take?

The Head must respond within 15 working days. In properties of unknown owner, the 60-day waiting period for the State's response is added. Overall, the administrative procedure is typically completed within two to four months. If recourse to the Cadastral Judge becomes necessary, the timeframe extends to six to twelve months, while a lawsuit for correction before the Court of First Instance may take more than a year.

Q: What documents do I need in order to substantiate the application?

The titles of acquisition together with the certificates of registration, certificates of ownership and encumbrances, topographic plan tied to the EGSA '87 reference system, extract of the cadastral diagram and the cadastral sheet are gathered. In horizontal property, the deed of constitution and the regulation are required. In inherited properties, certificates of next of kin, the will and the acceptance of inheritance are added. The completeness of the file determines whether the error will be deemed manifest.

Q: What is the role of the lawyer in land registry disputes?

The lawyer reviews the ownership history, identifies the type of error, assesses whether the case meets the conditions of a manifest error or requires a lawsuit for correction, and drafts the application. The lawyer ensures timely service on the Greek State, monitors the deadlines and files recourse or a lawsuit if the administrative procedure fails. The firm's experience in land registry disputes, in cooperation with a surveyor engineer, ensures a complete and substantiated file.

What does manifest error mean?

An erroneous entry in a cadastral sheet which may concern either a “technical inaccuracy” of the entry, particularly with regard to the rightholder’s details deriving from the identity card or other public documents, or with regard to the registered right, its title and the proprietary object, or — in the case of initial entries — any element of the entry, particularly the rightholder, the right, the title of acquisition and the proprietary object.

What are the conditions for correcting a manifest error?

– Correction of a manifest error is not permitted where a subsequent entry incompatible with the requested correction has previously taken place, unless the rightholder of the subsequent entry consents to the correction.
– Correction of a manifest error in the initial entries is, in principle, permitted only until they become final, while exceptionally it is also permitted thereafter, where the error arises in an indisputable manner from the registered act and its accompanying documents.
– Manifest errors which the law allows to be corrected until the initial entries become final are, by way of indication, those whose inaccuracy arises:

From a public document registered in the books of the land registry office (ypothikofylakeio) before the posting of the cadastral mapping data, or even after such posting, provided it is based on a previous act registered in the books of the land registry office before the said posting, on condition that the correction does not displace the right of a third party (unless the third party consents thereto).
From the comparison of the initial entry with the data of the posting or of the final cadastral mapping table, from which it deviates.
From the comparison of the initial entry with the data of an administrative act or judicial decision.
From a total or partial absence of details concerning horizontal or vertical properties (which can be remedied by reference to the deed of constitution or the regulation of horizontal property).

– Manifest errors which the law allows to be corrected even after the finalisation of the initial entries are those concerning the erroneous recording in the cadastral sheets of the rightholder’s details deriving from the identity card or other public documents, or relating to the registered right (e.g. percentage), or to the title of the registrable right (e.g. registration details), or to the proprietary object (e.g. horizontal property).

What is the procedure for correcting a manifest error?

– An application by a person having a legal interest is required, addressed to the Head of the Cadastral Office, which is recorded in the cadastral sheet of the property without payment of fees or charges, unless the said Head proceeds to correction ex officio.
– The Head of the Cadastral Office must respond within 15 working days from the submission of the application; otherwise, the applicant — upon the lapse of the said deadline without action or upon rejection of the application — has the right to apply to the Cadastral Judge by means of an application that is recorded in the cadastral sheets.
– The procedure for correction of a manifest error is not a necessary preliminary procedure for the hearing of a lawsuit or application for correction of cadastral entries before the court.

What does “property of unknown owner” mean?

– In the case of correction of a manifest error in property of “unknown owner”, the application must be served compulsorily within 10 days of its filing on the Greek State, save for exceptions expressly provided by law, such as where the applicant’s title is a grant deed of the Greek State or of a public-law legal entity, or where it concerns a public document by which the rights of co-rightholders have been recorded in the cadastral sheet.
– A presumption of consent to the application by the Greek State arises, which obliges the Head of the Cadastral Office to correct the entry, if no negative response is sent to him by the competent State service within 60 days.

See also article Purchase of Real Property
See also article Sale of Real Property
See also article Fraud against Buyers of Real Property by Sellers
See also article Lawsuit for Partition of Real Property
See also article SYPOTHA – Unauthorised Constructions
See also article Fines for Unauthorised 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 Eviction of Tenant
See also article Professional and Commercial Leases

FREQUENTLY ASKED QUESTIONS ON MANIFEST ERROR – UNKNOWN OWNER – LAND REGISTRY

1. What does manifest error mean in a cadastral entry?

This refers to an erroneous recording in the cadastral sheet, the inaccuracy of which arises in an indisputable manner from public documents or from the entry data themselves. It may concern an error in the rightholder’s identity details, in the percentage of co-ownership, in the registration details of the title, in the surface area, or in the details of horizontal or vertical property. A typical example is the recording of property as being of “unknown owner”, while a lawful title of ownership exists, registered with the land registry office (ypothikofylakeio) prior to the cadastral mapping. The correction is made by application and judicial recourse is not always required.

2. What can I do if my property appears as being of unknown owner?

As a rule, an application for correction of a manifest error is submitted to the Head of the competent Cadastral Office, accompanied by the titles of ownership and the topographic plans. Where the property is shown as being of unknown owner, the application must be served compulsorily within 10 days on the Greek State, so that the presumption of consent is triggered after 60 days without a negative response. If the Head rejects the application or fails to respond within 15 working days, recourse is filed before the Cadastral Judge. Alternatively, a lawsuit for correction of the cadastral entry may be filed directly before the Single-Member Court of First Instance.

3. How long does the procedure for correcting the entry take?

Where the error is manifest and the supporting documents are complete, the Head of the Cadastral Office must respond within 15 working days from the filing of the application. In properties of unknown owner, the 60-day waiting period for the State’s response is added. Overall, the administrative procedure is typically completed within two to four months. If recourse to the Cadastral Judge becomes necessary, the timeframe extends to six to twelve months, while a lawsuit for correction before the Court of First Instance may take more than a year, depending on the court’s caseload.

4. What documents do I need in order to substantiate the application?

The titles of acquisition (deeds of purchase, parental gifts, donations, acceptances of inheritance) are gathered together with their certificates of registration with the land registry office, certificates of ownership and encumbrances, a topographic plan tied to the EGSA ’87 reference system, an extract of the cadastral diagram, and the cadastral sheet showing the erroneous entry. Where the matter concerns horizontal property, the deed of constitution of horizontal property together with the regulation are also required. In inherited properties, certificates of next of kin, the will and the acceptance of inheritance must be added. The completeness of the file is what determines whether the error will be deemed “manifest”.

5. What chances of success do I have in the correction?

Where the inaccuracy arises indisputably from a title registered prior to the cadastral mapping and no third-party right is displaced, the prospects of a positive outcome are particularly high, especially in properties of unknown owner where the State’s presumption of consent applies. Difficulties arise where there is a subsequent incompatible entry or a challenge by a third party invoking their own rights, in which case judicial recourse is required. Furthermore, if the initial entries have become final, correction is permitted only where the error is so evident as not to admit of any dispute. Each case depends on the particular elements of the file.

6. What is the role of the lawyer in land registry disputes?

The lawyer reviews the ownership history back in time, identifies the type and extent of the error, assesses whether the case meets the conditions of a manifest error or requires a lawsuit for correction, and drafts the application with the proper legal foundation. The lawyer ensures timely service on the Greek State where the property is of unknown owner, monitors the deadlines and files recourse or a lawsuit if the administrative procedure fails. The firm’s experience in land registry disputes, in cooperation with a surveyor engineer, ensures that the file will be filed in a complete and substantiated manner, increasing the prospects of success.