ATHENS LEGAL FIRM - LAW FIRM KESSES - NIKOLOPOULOS - STAMATIADIS Athens Bar Reg. No 80391 Mavrommateon 39, 10434, Athens, Greece Τ EL: 210.8259320-1, FAX: 210.8259320 EMAIL: info@athenslegalfirm.gr Website: www.athenslegalfirm.gr CADASTRAL SURVEY OF IKARIA ( ΚΤΗΜΑΤΟΓΡΑΦΗΣΗ ΙΚΑΡΙΑΣ ) ZACHARIAS KESSES - NASOS NIKOLOPOULOS Attorneys at law - Athens Legal Firm Detroit, 1 September Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA 2019
Structure of presentation � A. CADASTRAL SURVEY 1. What the Cadastral Survey is 2. Cadastral Survey Stages 3. Who must apply 4. Ways of Submitting a Declaration 5. Declaration Forms - Instructions for filling out the Declarations 6. Special Occasions 7. Property Localization 8. Deadline for submitting property declarations 9. Overdue Declaration 10. Corrections after the Submission of a Declaration 11. Processing of declarations Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
� B. SUSPENSION OF CADASTRAL DATA 1. What suspension of Cadastral data is 2. What should a beneficiary/owner do 3. How to read the Excerpt 4. Correction Requests / Appeals - Deadlines & Forms for filing Correction Requests and Appeals 5. Following Suspension - What changes in Property Declaration procedure Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
A. CADASTRAL SURVEY Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
What the Cadastral Survey is? � The development of Cadastre (“cadastral survey” - Κτηματολόγιο ) at a region is defined as � the procedure of recording the real property(ies) or other registrable rights which a person or a legal entity has on real properties of a specific region of the country and � the connection of these rights to a specific property(ies) , as the latter are defined and depicted, after being checked and technically processed, on cadastral diagrams. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
� Cadastre is different from the existing and functioning Land Registries ( Υποθηκοφυλακείο ), but they are associated and supplementary to each other. � Irrespective of any similarities, previous and existing inscription to the Land Registry do not substitute the compulsory cadastral survey procedure. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Cadastral Survey Stages The cadastral survey procedure includes the following stages: i. Submission of property declarations ii. Formation of interim cadastral tables and diagrams iii. Suspension of the interim cadastral data iv. Submission of objections v. Reformation of cadastral data vi. Commencement of the Cadastral Office’s operation in the particular area Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Who must apply? � i. Private Person (individual) � ii. Legal entity � After the deadline for the submission of declarations expires and up until the beginning of the suspension of cadastral data, any person or legal entity that acquires a right on a property (e.g. by inheritance) must submit a declaration to the cadastre. This declaration is not an overdue one. The declaration is submitted to the competent Cadastral Survey Office within one month from the date when the right in question was acquired, meaning from the date when it was transcribed to the Land Registry Office. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Ways of Submitting a Declaration � You can submit your ownership declaration in the following ways: i) Going yourself or sending a third party to the competent Cadastral Survey Office . � In case a third party submits the declaration, they must provide a simple authorisation document (without attestation of the originality of the signature). � Upon submission of the declaration, you need a simple photocopy of your deed, your Identification Card or passport and to present a document reading the Tax ID Number of the declarer (e.g. revenue statement, power bill etc.) ii) On-line submission of the declaration . Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Declaration Forms Instructions for filling out the Declarations � i. The relevant forms D1 - Declaration Form of Law 2308/1995 and D2 -Declaration Form of Law 2308/1995 must be filled by each beneficiary for each of the corresponding right, with a separate declaration fee applying on each right. Fees vary from 20 to 35 Euro, depending on the declared right . � In rural areas, persons who submit a declaration of more than two rights within the same municipality pay a fixed fee for two (2) rights only, irrespective of their total number. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Special occasions 1/2 i. Legacy Entitlement, acquired by inheritance, may be declared even if no inheritance acceptance or other equivalent act has been drawn up. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Special occasions 2/2 II. Adverse possession If someone has acquired the right to adverse possession, he is obliged to testify: 1. A final judgment, if any, whether 2 . A t l e a s t t w o d o c u m e n t s , t h e combination of which proves the 20-year ownership and possession of the property. In this case, it is necessary a topographic diagram. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Property localization � Any person or legal entity is obliged to provide sufficient information to enable the location and limits of the declared property to be traced. In particular, it may be presented: I. Topographic diagram , which must contain coordinates in the National System Coordinates, which it uses the National Cadastre. This is the most reliable way of locating and identifying the Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
boundaries of the property. It can be presented a topographic diagram, which has already been drafted for any other reason, but it must contain coordinates as well. II. In case of no topographic diagram possible is the identification of the property through the "Orthographic v i e w i n g service" on the website www.ktimatologio.gr. And in this case we need to know the coordinates of the property in order t o Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Deadline for submitting property declarations � The usually prescribed period of declaration for Greek inhabitants is 3 months , while for those residing abroad is 6 months . However, the duration of the declaration period might vary from area to area. � Τ he procedure for submitting property declarations to the Hellenic Cadastre for the properties located within the Regional Unity of Ikaria commenced on the 14th of January 2019. � The deadline for submitting declarations for foreign residents expires on the 14th of October 2019. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Overdue declaration � If someone has not submit an ownership declaration to the Hellenic Cadastre in due time, they can submit an overdue declaration during the cadastral survey until the date that will be defined with a decision issued by the Ministry of Environment and Energy, filing the D2 - Declaration Form of Law 2308/1995. � However, a fine is prescribed in this case depending on the type and value of the properties. The fines range from 50 to 250 EURO and their imposition is expected at a later stage. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
Corrections after the Submission of a Declaration i. Correction of the declaration details � If you wish to correct details in your declaration you can submit to the competent Cadastral Survey Office an Application for Correction of Declaration Details , to which you will attach a declaration form having completed only the fields that need correction. ii. Correction of contact details � In case the contact details you declared have changed you should notify the competent Cadastral Survey Office about it by submitting an Application for Notification of Contact Details Change. Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF Z. KESSES - N. NIKOLOPOULOS - CADASTRAL SURVEY OF IKARIA IKARIA
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