Property legal due diligence before a purchase or investment

Before a preliminary agreement, private agreement or final deed is signed, legal due diligence examines whether the seller holds the right to be transferred and which matters may affect the security of the transaction. Depending on the asset and transaction structure, review may cover the chain of title, registered encumbrances, mortgage prenotations and mortgages, seizures, claims, easements, co-ownership issues and consistency between title documents and Cadastre registrations.

The purpose is not merely to confirm that documents exist, but to establish what right the purchaser or investor is acquiring, which restrictions apply and which legal steps should be completed before closing or addressed in the transaction documents. Where technical or tax review is required, the legal work is coordinated with the engineer, notary or financial adviser involved in the transaction.

Property transactions, development and exploitation

The office supports property sales and purchases, negotiations and agreements connected with development or exploitation. Work may include construction agreements, land-for-flats arrangements, the creation or amendment of horizontal and vertical ownership, arrangements concerning hotel properties or parking facilities and long-term property exploitation structures, including sale-and-lease-back transactions where appropriate.

For investments connected with residence permits through property, the office addresses the legal aspects of the transaction and coordinates the legal steps with the professionals handling the other required elements. Eligibility is assessed under the applicable framework and the facts of the specific investment; no property or transaction structure is assumed automatically to satisfy the relevant conditions.

Residential, commercial and investment leases

Legal support includes drafting, reviewing and negotiating residential leases, commercial leases and long- or short-term exploitation agreements. Matters considered may include duration, rent and adjustment clauses, guarantees, permitted use, works and improvements, maintenance obligations, termination rights and the consequences of expiry or breach.

Where a dispute arises, the office assesses whether an out-of-court arrangement is realistic and, where necessary, handles court steps including rent claims, payment orders and proceedings for recovery of leased property, subject to the legal requirements of the particular matter.

Hellenic Cadastre, title and correction of registrations

The office handles initial declarations and corrections of inaccurate initial or subsequent Cadastre registrations, title review and matters involving acquisitive prescription, the boundaries of rights or disputed ownership. The appropriate procedure depends on the nature of the error, the relevant Cadastre stage, the available evidence and whether there is a dispute with another private party or the State.

Iphigenia Andonakou has served on objection committees of the National Cadastre and as President of a Judging Committee for Objections, experience that contributes to a practical understanding of how factual and legal evidence is assessed in Cadastre proceedings.

Co-ownership, possession, ownership and property disputes

The office handles disputes involving ownership, possession, co-ownership, partition, acquisitive prescription and easements. Depending on the issue, formal notices, interim measures, possession or ownership claims, partition actions or other proceedings may be required to protect the relevant property right.

Where a transfer is alleged to have been made to prejudice a creditor, the office may also assess whether the legal conditions exist for challenging a fraudulent disposition. The appropriate action is selected after reviewing title, the chronology of events and the available evidence.

Mortgage prenotations, mortgages and other encumbrances

Property purchases, finance transactions and debt arrangements may require the registration, conversion, release or cancellation of a mortgage prenotation or other encumbrance. The office reviews the legal basis of the security, the transaction or claim it secures and the documentation required for the specific step, coordinating with banks, notaries and other participants where necessary.