With the new Law 4164/2013, significant amendments were introduced to Law 2308/1995, concerning cadastral surveying, as well as to Law 2664/1998, which governs the operation of the Land Registry.
The most important changes are the following:
A. By virtue of Article 1, the public legal entity “Organization for Cadastre and Mapping of Greece” (O.K.X.E.) is abolished and its responsibilities are transferred to the société anonyme “KTIMATOLOGIO S.A.”, which is renamed “NATIONAL CADASTRE AND MAPPING S.A.”.
B. Article 2 par. 2 amends Article 6 par. 2 of Law 2664/1998 and further extends the deadline for filing a lawsuit for the correction of initial registrations concerning areas declared under cadastral survey before the entry into force of Law 3481/2006, to twelve (12) years and to fourteen (14) years for the Greek State and residents abroad. It should be noted that for cadastral surveys initiated after the entry into force of Law 3481/2006, the original deadlines of five (5) and seven (7) years respectively remain applicable.
With the amendment of Article 6 par. 3 of Law 2664/1998 (Article 2 par. 3 of Law 4164/2013), it is provided that when correction of an initial registration is sought for a right registered partly as “unknown owner” and partly in favor of a specific person, the correction lawsuit under Article 6 par. 2 of Law 2664/1998 must be filed, and not an application for correction under Article 6 par. 3, against both the Greek State and the person registered as beneficiary of the right in question.
Furthermore, an application for correction under the voluntary jurisdiction procedure may also be filed if the applicant invokes as a title of acquisition a registrable act which has not been registered, provided that all substantive law requirements for the acquisition of the right are met.
Under Article 2 par. 7 of Law 4164/2013, it is provided that after the filing and registration of a correction lawsuit concerning a subsequent registration, the transfer or encumbrance of the right for which correction is sought is permitted, in accordance with Article 7a of Law 2664/1998. Additionally, the possibility is provided for the disposal or encumbrance of a right subject to an initial registration by a person not registered.