Property without a deed in Greece: acquisitive prescription and evidence

Start with the property's history

Being unable to locate a deed does not mean no title ever existed. There may be an earlier transaction, an inheritance or a document held in a notarial archive. The first enquiry is how the property came into the family's possession, who used it and in what capacity.

Acquisitive prescription is a separate way of acquiring ownership, subject to legal requirements concerning possession and time. Under the general rule, extraordinary prescription involves twenty years of possession exercised as owner. Ordinary prescription has additional requirements, including good faith and a lawful title. Simply using property does not automatically make someone its owner.

Evidence of possession over time

Gather documents from different periods and identify the precise property to which each relates. Cultivation, letting, maintenance and fencing may be relevant depending on the nature of the land. Each item must be assessed alongside the wider history and any competing claims.

An E9 is a tax declaration, not conclusive proof resolving an ownership dispute. The Cadastre's guidance for declarations based on extraordinary prescription without a registered final judgment calls for evidence of twenty years' possession, including an E9. Requirements for submitting a declaration are not the same as proving disputed ownership in court.

• Earlier E9 declarations, leases and rental receipts
• Utility bills, charges and records connected with use
• Old private agreements, plans and neighbouring property deeds
• Details of people who know specific events and periods

Boundaries and cadastral records

The evidence must relate to an identifiable property: location, boundaries, area and any cadastral reference, known as a KAEK. An old place name or a description such as 'grandfather's field' may be insufficient. A lawyer and surveyor may need to work together to match the documents to the correct parcel.

Check whether the area is undergoing cadastral surveying or already has an operating Land Registry, and what the current entry records. If it names another person or an 'unknown owner', the applicable correction procedure and deadlines require specific review. Filing a declaration does not automatically correct every inaccurate entry.

Situations requiring particular care

Holding property as a tenant or with another person's permission is not automatically possession as owner. Family property may also involve co-heirs or co-owners. Exclusive use by one person does not, on its own, eliminate the rights of the others.

Public property, common-use property and land subject to special rules cannot simply be treated under the general twenty-year rule. Before a sale, fencing works or an ownership declaration, establish the property's status and the appropriate procedure. Bring a timeline of use and the available identification documents to the first meeting.