Legal due diligence before a property purchase or investment has a practical purpose: before becoming legally committed, the buyer or investor should understand what right is being acquired, whether registered encumbrances or ownership issues exist, and which contractual or Cadastre matters need to be resolved before completion.
What title due diligence reviews
The scope depends on the property and the transaction. The review may cover title deeds and the chain of title, the transferor’s legal right, registered mortgages, prenotations, attachments or other encumbrances, and third-party rights that may affect transfer or use. Where more than one person has rights over the property, co-ownership, usufruct, easements and other property rights may also need to be assessed.
Hellenic Cadastre records and consistency of information
Available Cadastre registrations are reviewed against title documents and the contemplated transaction. An inaccurate registration, a pending correction or inconsistency as to the registered right or holder may require additional steps before completion. Legal review of Cadastre records is distinct from a technical property inspection and, where appropriate, should be coordinated with an engineer and notary.
Leases, contracts and restrictions affecting use
For investment or income-producing property, existing leases and other agreements affecting the asset may be relevant. A buyer should understand their duration, material terms and any pending disputes that could affect exploitation. Where the transaction involves development, construction or a specific business use, legal due diligence should be coordinated with the technical and permitting information supplied by the relevant professionals.
How findings affect the transaction documents
Due-diligence findings are not merely a list of problems. They inform whether the transaction can proceed, whether prior corrective action or release of security is required, and which protections should be reflected in the agreement. Depending on the facts, this may involve representations and warranties, conditions to completion, specified deliverables or contractual mechanisms allocating identified risks.
Legal and technical due diligence are different
The lawyer reviews legal title, rights, obligations and contractual exposure. Planning, construction, surveying, energy or other technical issues are matters for the appropriate engineer or specialist. In a properly organised transaction these reviews complement each other and their findings should be considered before final commitment.
Property due diligence is not a formality before signature. It is the process by which a buyer understands what is being acquired and which risks need to be addressed before completion.
Iphigenia Andonakou Law Office in Athens handles legal due diligence of property, title and Cadastre records and supports property transactions from negotiation through completion, coordinating with notaries, engineers and other professionals where required.