Greece’s Cadastre is introducing a new mandatory—and costly—procedure for property owners seeking to reclaim real estate registered as ‘owner unknown’ and claimed through extraordinary adverse possession (usucaption). Under a draft bill from the Ministry of Justice, claimants can no longer proceed directly to court. Instead, they must first complete a compulsory initial mediation session, pay a fixed registration fee, and compile a comprehensive file of evidence proving continuous possession and use of the property.
Mediation Before Litigation
The process will take place before a certified cadastral mediator, selected from a dedicated electronic registry. Applicants must register the core details of their case with the Cadastre and pay the associated fixed fee—its amount to be set by ministerial decision. Registration must be completed within one working day, and the mandatory first mediation session must be held at least 30 days later. Failure to meet this deadline renders the mediation minutes null and void; if the session does not occur at all, the lawsuit will be dismissed as inadmissible.
Evidence Requirements: A Heavy Burden
The financial burden extends well beyond the fixed fee. Applicants must also cover the mediator’s fee, legal representation, and—depending on the case—the cost of topographic surveys, technical documentation, notarial deeds, or sworn affidavits.
Acceptable supporting documents include utility bills (electricity, water, telephone) in the applicant’s name; lease agreements and rent receipts; tax or official declarations; building permits; and dated topographic diagrams. Of particular importance is the Form E9—the annual property declaration submitted to the Greek tax authorities. The draft law requires submission of an E9 in which the disputed property was declared at least ten years before the mandatory mediation session.
In addition, applicants must provide at least two sworn affidavits describing a 20-year period of uninterrupted possession—including the property’s location, boundaries, and surface area. This means past tax compliance will now serve as critical evidence in establishing ownership rights. Individuals who used a property for decades but failed to declare it timely on their E9 may find themselves at a significant evidentiary disadvantage.
Tax Declaration Required Before Correction
If the Greek state does not assert any rights over the property and the evidence is deemed sufficient, a mediation minutes document may be drawn up. Once signed, it will be recorded in the Cadastre to correct the official entry. However, prior to registration, the applicant must have already filed a tax declaration for adverse possession—and a copy of that declaration must accompany the mediation minutes.
The legal basis for acquisition recorded in the cadastral sheet will be ‘extraordinary adverse possession.’