The new law (5293/2026) creates a favorable framework for thousands of properties involved in claims by the State in the Land Registry, with provisions designed to make the State more citizen-friendly.
However, for the practical implementation of specific procedures and the State’s claims on citizens’ real estate, a series of ministerial decisions must be published, which will begin to be issued in the very near future.
The law gives four categories of owners the opportunity to avoid or halt legal disputes, provided they can prove they meet specific conditions. Without these conditions, the State may continue to assert claims.
The same legislative package also introduces changes to property transfers, including an enhanced role for notaries, a reduction in the requirement for a topographic survey in specific cases, and a procedure for lifting a lien in anticipation of a property sale.
The four categories
The favorable provisions of the new framework apply to the following categories:
- Old titles. This category applies to those who acquired the property through a title obtained for valuable consideration (e.g., purchase) that was registered by June 5, 1993, or through another derivative means (e.g., inheritance) with registration by June 11, 1975. There is also a crucial detail: the current owner must not only examine their own deed but the entire chain of previous owners (transferors). If they had registered their titles in a timely manner, then the current owner is also covered by the favorable provision.
- Concessions and land distributions. The second category includes those who hold property based on a provisional concession or through agricultural land distribution and land readjustment procedures, provided that the final concession was not completed through no fault of their own.
- Properties of the Ministry of Rural Development. This includes title deeds registered by June 5, 1993, for land managed by this Ministry.
- Recommendation by a public authority. The fourth category includes cases where the state itself, pursuant to resettlement legislation, recommended that the individual or their ancestors settle on the specific property (e.g., resettlement of refugees or populations).
The 40-year period
Of particular importance is the provision for judicial recognition of ownership against the State, when the State has not exercised acts of possession since February 23, 1946, and the private individual has possessed the property in good faith for at least 40 years prior to March 19, 2003. The period of possession by the individual’s predecessors in title may also be counted toward this period, provided the same conditions are met.
This is practically significant for families who have owned a property for decades but are facing registration issues, disputes, or difficulties with transfer. However, mere use or the belief that “we’ve had it for a long time” is not enough. Evidence is required to demonstrate possession, good faith, and continuity from grantor to successor.
If there is a trial
The new framework does not apply only before the case reaches court. If the conditions are established before a lawsuit or main intervention is filed, the competent authority does not assert rights, refrains from filing a lawsuit, or withdraws a previous relevant request. A correction procedure is then initiated in the Land Registry, with an application and the supporting documents required by law.
If there is already a pending lawsuit in which the State is the plaintiff or a principal intervenor regarding properties that meet the conditions, the lawsuit is dismissed. If the determination is made at a later stage, procedures are provided for through mediation or through the State Legal Council to issue a deed or minutes regarding the non-assertion of rights and to correct the initial registration.
For the owner, the practical message is that even a case that has already entered the judicial process is not necessarily “lost” or doomed to proceed to its conclusion. However, it is necessary to assess the stage the case is at and the documents that can support eligibility for the settlement.
The documents
For older titles, the critical documents are the notarial deeds and the corresponding registration records. For provisional deeds of conveyance or incomplete transfers, the provisional title, the administrative act, the distribution tables, or a relevant certification from the competent authority are required. For cases involving the Ministry of Rural Development, the following are required: titles, deeds of concession, delivery and acceptance protocols, committee decisions, or certifications from the agency.
In cases of long-standing possession and good faith, proof is provided before the competent court by any appropriate means. This may include documents, evidence of possession, succession of use, statements, prior acts, and anything else that may substantiate the continuity of possession.
Herein lies the main pitfall. The regulation provides a possibility, but it does not replace title verification. The owner must know exactly what they have in their possession, what has been registered, when, at which land registry or cadastral office, and whether the property falls under any exceptions.
The Exceptions
There are explicit exceptions. The favorable provisions do not apply to properties subject to forestry laws, properties within designated watercourses or within a 50-meter zone from the designated banks, as well as to the foreshore, beach, bank, riparian zone, or seabed. Furthermore, they do not apply to non-marketable assets, cultural heritage properties, or properties falling under special categories of public protection.
Twoconditions
This means that an owner with an old title deed should not automatically assume they are covered. The first filter is whether the property falls into an exempt category. The second is whether there are any legal actions or evidence indicating that the State has already taken steps to challenge ownership.
Transfers
The same legislation also introduces changes to real estate transfers. The notary public is established as a one-stop service for transfers by onerous or gratuitous cause or by reason of death. In this context, the notary drafts the contract, collects supporting documents from public agencies through interoperability, and submits the notarial deed to the Land Registry via interoperability for registration.
The supporting documents collected include proof of tax and social security compliance, an electronic property ID, a cadastral sheet, cadastral map, and certificate of cadastral registration, as well as information regarding declarations of transfer tax, inheritance tax, gift tax, or parental gift tax.
For citizens, the change promises fewer trips between government offices. However, this does not mean that the need for preparation disappears. The property file must be in order, the details must match, and any outstanding issues must be identified before the contract is signed.
Survey
There is also a change regarding the topographic survey. It is not required to be attached to legal acts of property transfer located in an area where a Land Registry is in operation, provided that the implementation deed has been ratified and registered and the legal act does not alter the boundaries of the transferred property.
The exception is useful but narrow. It does not apply to every transfer in an area with a Land Registry. It requires, cumulatively, that a Land Registry be in operation, that an implementation deed be ratified and registered, and that the boundaries of the property remain unchanged.
Lifting of Seizure and Taxes
The law also provides for the possibility of transferring real estate acquired due to death, gift, or parental gift without attaching the relevant certificate, provided that the declaration is submitted together with the declaration of transfer tax or the establishment of real rights in real estate. The notary withholds from the purchase price and remits to the Tax Administration the amount corresponding to the prescribed withholding limit.
For properties subject to tax lien, which fall under the four categories provided for by law, the lien may be lifted in the event of a transfer for consideration (e.g., purchase), under the following conditions:
- A certificate of good standing must be issued, or a debt acknowledgment must exist.
- The transfer price must not be less than the market value (as determined at the time of seizure).
- A percentage of the price is withheld in favor of the Tax Office. This percentage cannot be less than 25% of the current value of the seizure.
The Check
Anyone who owns a property with an outstanding issue in the Land Registry or with a potential dispute with the government first needs a clear picture of four points.
First, what is the title of acquisition and when was it registered? Second, are there any older titles from previous owners covering the critical dates? Third, whether the property is linked to a concession, agricultural land distribution, land readjustment, or a designation by a public authority. Fourth, whether it falls under any exceptions, such as forest land, coastal zone, watercourse, or archaeological/cultural protection.
For a transfer, the review must also extend to a second level: whether a topographic survey is required, whether there are any outstanding inheritance, gift, or parental gift taxes, whether there is a seizure by the Tax Administration, and whether the new lifting procedure can be used.
The new framework can resolve cases that have been pending for years. However, it does not work automatically and does not cover all cases. The key for the owner is not to rely on the general statement “the State will not claim,” but to verify whether their specific property, their specific titles, and their specific history of ownership meet the requirements of the law.