Real estate: Risk of double involvement in undivided ownership

Thousands of property owners find out every day, especially at the time of transfer, that the area they own is not autonomous and independent, but that it is part of a larger plot of land on which they have exclusive use of a certain part and only…

The issue of the illegal subdivision of real estate is a problem that emerges to a great extent – ​​and – with the process of declaring real estate in the Land Registry.

Those roads created for the transport of agricultural products and existing before 1923 are considered public, while on the contrary those roads created after 1923 with private initiative are considered private.

“The division of a property, i.e. the slicing of it into smaller parts and their transfer to third parties, is a common practice in the Greek reality,” says the surveyor-urban engineer Grammati Baklatzi.

And this, as he points out, is happening “despite the passage – over time – of relevant laws, which prohibit the division of agricultural property with the obvious aim of its most profitable agricultural exploitation”.

“The rigidity of the relevant legislation and its inability to respond to today’s conditions has created not only legal but also very serious social problems in many parts of the country that require a solution, with the first example being Heraklion, Crete”, points out the president of POMIDA Stratos Paradias .

For plots within the plan, the rule is that subdivision is not allowed if the plots resulting from the faulty subdivision (new and old) do not meet the buildability conditions applicable to the specific area.

In contrast, the issue of the buildability of off-plan plots of land or lots is something entirely different.

“TA NEA” with the help of Secretary Baklatzi presents through 11 questions – answers all the basic information that those who are co-owners of undivided properties should keep in mind.

What is partitioning?

Partition is the process in which the owner or co-owners of a property detach from their immovable part a divisible part and transfer it to a third party.

In this way, the continuity of their land ceases and both the “single” characterization and the independent character of their property are abolished.

What prohibitions apply to subdivisions in off-plan areas?

The following apply:

a) It is prohibited to subdivide properties smaller than 1,000 square meters, when they are within a radius of 500 meters from the settlement boundaries. Attention: this provision applies to the old city plans relating to the period 1923-1983.

b) Subdivision in Residential Control Zones (ZOE) below the adequacy limits that apply to each area is prohibited. For example, the 20 acres for the off-plan area of ​​Attica.

c) Subdivision below the limits of adequacy is prohibited in areas that have been determined, according to the approved General Urban Planning Plan (GPS) or SHOOAP of the OTA.

d) It is prohibited to divide a large area into parts of four acres, if it does not appear that each parcel of land of four acres acquires at the same time a face of 25 meters on a recognized public road.

Today it is not allowed to create new roads between owners, roads must pre-exist.

The public roads to which this provision applies are specific: roads shown in distributions of the Ministry of Agriculture (residential areas), or beach zone if it is a paved road, roads constructed by Technical Services of Municipalities.

Attention: in any case, the existence of a deed confirming the shared use of the road is necessary.

The field was “cut” by the road, as a result of which it was divided into two sections. This applies
the partition?

According to a legislative decree of 1923 it is forbidden to create roads and “cut” the fields.

Thus, those roads created for the transport of agricultural products and existing before 1923 are considered public, while on the contrary those roads created after 1923 with private initiative are considered private.

However, a number of roads were formed in the 1960s and 1970s and to solve this issue there was a law, which recognizes the private roads that were formed until 1977 to serve the adjacent plots of land.

Therefore, through the “simulation” of illegally created private roads with “agricultural” ones (which are exempt from the ban) the parcels of land divided by the opening of the road in this particular way are considered independent and are transferred further without a problem.

What happens in the event that a road has been planned but not implemented? Does subdivision apply here and can the parcels created be sold separately?

The mere depiction on a topographic distribution diagram of a plot of land, without the division being accompanied by a transfer (e.g. sale, donation, parental provision) does not constitute division.

If there is a preliminary agreement for the sale of the plots, before 1977, then it is valid.

Otherwise, the parts of the fields facing this road cannot be transferred, as they are depicted in the distribution topography and are considered urbanistically unified.

An owner has a field, he wants to divide it and pass it on to his children even if they don’t build. He can do it;

In the event that the property is located entirely in an area outside the plan, outside the settlement zone and outside the Residential Control Zone, then yes, it can be subdivided to any size, but without the right to build.

If the plot is within a plan/settlement?

In this case, the division and transfer of the ownership of plots, which entails the creation of uneven plots, is prohibited.

Here, interested parties may proceed with a notarial deed establishing vertical divided ownership.

A parcel of land is divided into three. The partition was made 30 years ago due to no contract, but they are declared separately in E9. What happens in this case?

This problem is recurring and can be addressed using the legal tool of the user.

In current notarial practice, it is a common phenomenon to invoke usufruct and the simultaneous transfer of the property to which it refers.

Also, in the declaration of registrable rights in the National Land Registry under the title usufructuary, the ownership is registered accompanied by an affidavit of two persons.

When does partition apply when the property is inherited?

In the case of inheritance, the time of the creation of the stadium is taken into account the time of the death of the inheritor.

What about pre-contracts?

In the event of a notarial pre-agreement, pursuant to which a final court decision has been issued on the transfer of plot ownership, the date of transfer of the court decision is considered as the partition time.

What about the raffle tickets?

– For the lots granted by the Greek State (Government Gazette 115/A/1968) their division was prohibited until March 22, 2012. Exceptions were: a) plots of land b) lots for the purpose of building tourist facilities (with the permission of the National Tax Agency ) c) lots within a zoning plan or within settlement boundaries and d) fiscal or school lots for the construction of churches or schools.

– From March 22, 2023 onwards, the division of lots and the counting of county deeds are legally allowed to complete the statute of limitations on the portion of the lot.

Now, lots are treated like all parcels of land, which can be subdivided in any size and shape without the requirement of evenness (minimum face and area) unless they fall within a Residential Control Zone, GIS or zoning plan where there is a subdivision limit.

If there is a question of building?

In this case, it should be ensured that the face and the area meet the requirements arising from the ordinances for off-plan building.

What are these; Use on whole lotteries (allowed since May 23, 1968).

Use of parts of inheritances: allowed a) if the partitions were accepted with validation of anomalous deeds from the date of validation and later and b) partitions made from March 22, 2012 and later.

Note: the validation of anomalous legal acts is allowed until March 22, 2024 if they concern divisions with private agreements made before March 22, 2012.

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