Archive for March, 2020
Why is a title search with the Land Registry/National Cadastre Office recommended for your inheritance matter?
According to Greek Civil Law, in order for a Deed referring to real estate property (of whatever legal reason, i.e. Parental Gift Deed, Sale/Purchase Deed, Donation Deed, etc) to be effective, it has to be registered with the competent Land Registry and National Cadastre Office; the registration is a prerequisite for the Deed to be effective and to result in the legal transfer of the ownership to the grantee (buyer, person accepting the Donation, child receiving the Parental Gift). Additionally, all liens, encumbrances, mortgages/pre notice of a mortgage or seizures, in general every burden against the property, has to be registered with the same Public Records in order to be effective.
When one is proceeding with accepting an inheritance, which requires a signed Acceptance of Inheritance Deed registered with the Land Registry/National Cadastre, the grantor’s title Deed is always required, so that the property can be described. Also, the volume and number of the registration with the competent Land Registry/National Cadastre must be mentioned.
It is true that in many cases, you may be in possession of your grantor’s title Deed. Yet, this does not ensure that it has been properly registered nor that any liens, etc. haven’t been registered against the property nor even that the grantor had not proceeded with selling the property in the meantime, without the grantee’s knowledge. This can only be confirmed via a title search conducted by a lawyer, which will determine the legal status of the property and the grantor’s non contested ownership.
So, in order for you to be certain of what you are inheriting, in order to be certain that the property is free of encumbrances, a title search is necessary. Yet, at your discretion, especially when you are quite certain of your right and of the property’s status, we can order certain certificates, which will confirm that your grantor’s title Deed is in order (i.e. certificate of ownership, certificate of no liens, encumbrances, etc having been registered against the property, etc). This can be recommended in cases of remote Land Registries, however it has the disadvantage that, due to the workload of said Authorities, it can take some time to have the certificates in hand, as opposed to a lawyer conducting the title search which is much more prompt.