Restrictions on the acquisition of property rights (ΙΙ)

20 Jan 2015, Νομικά, by Athina Ledaki, Lawyer/Accredited Mediator (CEDR)

 

B. Defence areas - Maritime forts

 

The prohibition regarding the acquisition of property located in defence areas or maritimeforts is the other restriction laid down by the provisions of the Law 1892/1990 which still remains valid. It refers tospecific areas of the country including Crete, which are defined in detail in article 32 of the Law 1892/1990 based on geographical coordinates (including indicatively the areas of Souda, Akrotiri, Almyrida, Kalyves, Gavalohori, Maleme etc.)

However, even in these cases the prohibition is not absolute. The restrictionsregarding the acquisition ofreal rights on property situated within the limits of these areas can be lifted if a permission by the prefect/head of the region is granted, at the request of the person concerned following theconsent of the competent military authoritywhich is responsible for the zone where the property is located.

Practically, the topographer engineer of the owner prepares a topographical planwith a necessary statement aboutthe inclusion or not of the transferred property in the defensive areas or the maritime forts. Then the notary, before whom the transfer contract is going to be signed, prepares the application of thecontracting parties for the relevantpermission for the transfer of the property, which along with the topographical plan of the transferred property drawn according to EGSA'87 system coordinates, a map of the area in scale 1: 5000 and a certified copy of the passport/identity of the buyer, is submitted to the prefecture of the location of the property. The prefecture will forward the application to the competent authority (military, aviation, maritime unit) which grants the permission for the impending transfer. The written reply/permission to the contracting parties' request is explicitly mentioned in the transfer contract, which is absolutely void if the aforementioned permission according to the provisions of the law isn't attached.

 

athina.ledaki@gmail.com

 

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