PROPERTY LAW
Our continuous and uninterrupted involvement, for over thirty years, with the institution of "real estate", offers all the guarantees for the most complete treatment of all issues that arise both with the acquisition or transfer of such properties and with their most profitable management.
With a comprehensive team of experienced Associates, Notaries, Civil Engineers, Surveyors, Appraisers, Real Estate Agents, etc. and with constant updates on all the regulations that are enacted and in force each time, our office is a pioneer in this field, offering comprehensive legal services to our clients (natural or legal persons and local authorities) both at the level of advice and in the field of implementation of the relevant legal transactions.
For example, we provide secure and accurate property title control services at the competent Mortgage Registries and Land Registry Offices, issuing relevant certificates to banks and organizations, negotiating loan terms and checking loan agreements with credit institutions, preparing and representing at the signing of contracts and other acts, registering and lifting encumbrances, registering and correcting cadastral records, drafting agreements on behalf of builders and/or landowners, and we offer specialized and specific proposals and advice - opinions on issues of expropriations and street planning, by conducting file checks at Urban Planning Offices throughout the country.
The constant monitoring of market requirements and our specialization in current, emerging real estate taxation practices, enable us to provide our clients with appropriate guidance and advice for the most profitable exploitation of their properties, placing particular emphasis on the protection of property and the rights arising from it.
Therefore, we offer full property management services, negotiation and preparation of agreements, collection of rents, settlement of property tax obligations as well as any legal action towards the judicial pursuit of rent payments and the general representation of owners. At the same time, we resort to Justice for the claim of properties, expulsion of third parties from the prefecture, dealing with urban planning violations, arbitrary constructions, community of rights, etc.
In the difficult times we are going through, the protection of the real estate of Greek citizens against all the dangers that are constantly threatened against it is a priority and a special responsibility for us, devoting all our attention and legal experience to its defense.
Distribution pipeline
Many times it happens that two or more people find themselves owners of the same property with a specific percentage each. When there is co-ownership, the owners often disagree regarding the use or exploitation of their common property. For this reason, each of the co-owners is given the right to request the distribution of the common property through the courts, in order to either divide it into as many parts as there are co-owners according to the percentage to which they are entitled, or, if such distribution is not possible or not profitable, the property is sold at auction and the co-owners receive the value of their percentage in cash. If the shares in the property are equal, then the distribution is certainly easier and is done by drawing lots before a court or a notary. You should know that the court decision of distribution or any lottery and its results constitute the legal title deeds that must be registered with the relevant mortgage registry and land registry office. Distribution can be requested by anyone, even a co-owner who has a share of less than 50% of the property. The distribution lawsuit is necessarily directed against all co-owners and everyone must participate in the trial as parties, either on the side of the one who is filing the lawsuit or on the side of the one against whom the lawsuit is filed. In these cases, full information about the ownership status is needed, because if a co-owner of a property files a distribution lawsuit and does not include one or more of the other co-owners in it, then the lawsuit is rejected. Many times, someone who is entitled to accept an inheritance either ignores the procedure or neglects to proceed with the actions of accepting the inheritance. In this case, the co-owner who has accepted his share of the inheritance is entitled to proceed on behalf of the other co-heir who does not accept his share of the inheritance to a forced acceptance of the inheritance, in order to also become a co-owner of the common property of the inheritance and thus to be able to file an action for the distribution of said property. For this forced acceptance, the issuance of a certificate of closest relatives, a certificate of non-publication of a will and a certificate of non-renunciation of the inheritance is required. The above documents must be transferred to the mortgage registry/land registry of the area where the property is located, so that the co-heir who had not accepted his share until then becomes a co-owner of the property and an action for the distribution of the joint property can now be brought against him.
Protection of the prefecture
A domain is the natural power over something exercised by the domain owner with the intention of ownership. Sometimes the domain is violated and then there is a need to protect it. Its protection is done either independently or through legal means.
Self-sufficient protection is considered to be the repelling of disturbance or expulsion from the territory by forcibly retaking the thing that was illegally removed. swiss replica watches aaa+ gradereplica watches onlineIn this case, the use of force, provided that it takes place within the limits and conditions set by law, does not constitute an illegal act.
However, the law also provides for the judicial protection of the prefecture, that is, its protection through the courts. This can be done through a relevant action for expulsion and disturbance or through the procedure of interim measures.
The action for expulsion aims at returning the thing to the plaintiff. On the contrary, with the action for disturbance the possessor is protected from harassment in the exercise of his physical power over the thing.
If, due to the violation of the prefecture, there is a risk of conflicts and violence, the law provides for a relevant rapid procedure for taking precautionary measures to prevent any quarrels or tensions.
Enforcement can also be considered an infringement of the jurisdiction, a possibility that is quite common in our time. Therefore, if a creditor proceeds to seize the debtor's property, the debtor may defend his jurisdiction by filing an objection and a request for suspension against the enforcement with the aim of canceling and suspending, respectively, the execution against his asset.
Insult to the Prefecture
Any expulsion or disturbance of the nome that is carried out illegally without the will of the nome is considered an infringement of the nome.
Expulsion occurs when the possessor loses physical power over a thing that belongs to him or a part of it. Cases of expulsion that are often encountered are the fencing of another's land, the prevention of the possessor from entering his property, the locking of the property, the counterfeiting of the possession, etc. Expulsion in movable things is accomplished by removal from possession, for example by theft.
Disruption of tenure occurs when the natural power over the thing is obstructed without the removal of the holder. This act constitutes a partial violation of tenure, because the holder is not completely deprived of natural power, but is prevented from using or exploiting it.
Disturbance can be by act or omission. An example of the former is the passage of the landowner without the consent of the landowner, while the latter is the falling of objects onto the land from a neighboring property. Other common examples of disturbance of tenure are the throwing of garbage or rubbish on another's property, animal feces or grazing on another's land, and the generation of noise that exceeds the permitted limit.
Also, a common case is the violation of the tenancy by a co-owner and co-owner of a property, who does not respect the co-owner's share. This concerns the limits of the use of the thing that is appropriate for each of the co-owners. We often encounter such cases in inheritance law.
All of the above constitute an infringement of the precinct and the precinct owner is protected by law. In particular, in the event of an infringement of the precinct by disturbance or expulsion, there may be an urgent need to take interim measures through the courts, when waiting until the regular action is heard would cause substantial harm to the precinct owner.
Advocacy
The owner of a thing is considered to be its owner, that is, the person to whom the thing belongs. Ownership of a thing is a right that can be violated by any third party and in any way. This violation can be done, for example, by removing the thing, illegally retaining it or by destroying and damaging it.
Therefore, the law grants the owner the right to protect his ownership through the courts, demanding from the aggressor the return of the thing or the correction of the damage by means of a claim action. This action is brought only by the owner and has a dual purpose, since, on the one hand, his ownership is recognized, on the other hand, the return of the thing or the correction of the damage is achieved. With the return of the thing, the owner's ownership of it is simultaneously recognized. Thus, the claim action takes on a simultaneously declaratory and revocable nature. The subject of a claim action may be not only one, but many things, such as two properties or a set of properties. Also, under specific conditions, it is possible to claim money.
A co-owner whose right to co-ownership is violated may also file a claim, requesting the return of the co-ownership in accordance with the ideal portion that belongs to him.
The defendant, in addition to the right to refute the claim, is also given the right by law to counterclaim. In this way, the defendant can achieve not only the rejection of the claim but also the recognition of his own ownership of the disputed thing.
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