Correction of the Initial registrations can be performed following the administrative procedure of obvious error with an application to the Head of the Cadastral Office, indicatively for the following cases:
a. As to the beneficiary:
Erroneous details regarding the beneficiary’s full name, ID number, father’s name, mother’s name, date of birth, etc.
b. As to the right:
Erroneous details regarding the type of entered right (e.g. full or limited ownership, usufruct, etc.) and / or the ownership reason (e.g. donation, parental benefit, etc.).
c. As to the ownership title:
Erroneous details regarding the notary deed, judicial decision, administrative act etc. (e.g. document number, details of the issuer / issuing authority etc.), erroneous details regarding the transcription / registration of the title (e.g. Land Registry Office, volume, number, date, etc.).
The obvious error procedure also settles the following cases of correcting initial cadastral registrations:
- When the property belongs to more than one owner and they have a common ownership title, provided that some of the co-owners have already been entered in the initial registrations based on this specific title.
- When the property is included in a joint acquisition title together with other properties of the same cadastrally surveyed region, which have already been recorded under an already known owner.
- When the right that was not registered in the Cadastre results from an ownership title that has been transcribed to the Land Registry Office, provided the person registered as the beneficiary accedes to this correction; moreover, if the property is flagged as belonging to an “unknown owner”, then the Greek State must accede to this correction.
- When the non-registration of a right in the cadastral books is due to an error or oversight during the transfer of cadastral data from the final cadastral survey tables.
- When it involves a partitioned property, which has either been registered on a separate cadastral sheet flagged as belonging to an “Unknown Owner”, meaning that this property was allocated a Hellenic Cadastre Code Number (KAEK), or it has been included in one, total “Unknown Owner” registration, meaning that it was not allocated a KAEK number.
- When the property (land parcel or partitioned property) has been acquired with a concession deed by the Greek State or a Legal Entity governed by Public Law.
Filing Applications Procedures
1. Application for the correction of an obvious error (articles 18, 20a, law 2664/98)
The correction of an obvious error is performed with filing a standardized form, namely the Application for Obvious Error Correction either by the beneficiary or a third party who has a legal interest (e.g. creditor, heir) to the Cadastral Office to which the property pertains.
Procedure:
- Completion of the printed form with reference of the Hellenic Cadastre Code Number (KAEK) of the property/properties; the form includes a full report of the error and a correction application.
- Filing the application to the local official Cadastral Office. The application must have attached copies of the documents which prove the correct details of the erroneous registration.
The Head of the Cadastral Office is competent according to law to accept or reject the correction petition and issue the relevant decision. If the Head of the Cadastral Office does not adjudicate the petition within fifteen (15) work days from the application’s filing date or if they reject it, the applicant has the right to have recourse to the Cadastral Judge within fifteen (15) work days from the expiry of the aforementioned deadline or after they have taken cognizance of the application’s rejection.
2. Application for the correction of geometric data (article 19, par. 2, law 2664/98)
It is a prerequisite to issue a cadastral diagram for the property/-ies (KAEK) of which the correction of geometric data is petitioned (see the relevant procedure for the issuance of a cadastral diagram).
Procedure:
- Completion of the corresponding printed application. It is noted that the application can be filed jointly, provided all adjacent / bordering beneficiaries affected by the acceptance of this application consent to it.
- Filing of the application accompanied by an up-to-date cadastral diagram that depicts the correction of the geometric data together with a topographic diagram. It is noted that the relevant documents must mention the Hellenic Cadastre Code Numbers (KAEKs) that the correction involves.
- The applicant is informed by the Cadastral Office about the result of the formal check of their application and about the actions which he/she must take (e.g. notification of the bordering beneficiaries if the acceptance of the application affects their rights, definition of a deadline for the submission of the adjacent beneficiaries’ opinions in writing).