DIVISION AND USE OR INVALIDITY OF DIVISION (PRIVATE ROAD PLAN) AND USE
of the Angel Cough
Based on article 20 of N.D. 17-07-1923 (on city plans) the creation of a private road plan is prohibited, and transfers made in violation of this provision are completely invalid.
By law 1448/1950 now, the above invalidity is removed if the area is included in a city plan.
However, the same does not apply to the divisions that take place after Law 720/77, because no similar law was issued to the one that legalizes them. Therefore, the violations are not settled even with the inclusion in the city plan, if in the meantime a Presidential Decree has been issued to determine Z.O.E. reference is made to it. Thus, e.g. for Attica, which are valid for 20 acres since 1983, when road decrees are published that urbanize areas e.g. B ‘residence, in the conditions of buildability, it is explicitly stated that apart from the minimum person and area, the real estate must not come from a violation of the well-known Government Gazette 284 / D / 83 (fault division).
Example: Government Gazette 559 / D / 2003 (case 3a).
Approval of urban planning study of parts of the areas of second residence “Iliakti”, “Resti”, “Blue Harbor”, “Batsi” and “Steno” of the Municipality of Salamina (Prefecture of Attica).
The minimum limits of area and persons, as well as the other terms and restrictions of building plots are defined as follows:
For building blocks with element A.
1. Minimum person: twelve (12) meters.
Minimum area: three hundred (300) sq.m.
2. By way of derogation from the provisions of the preceding paragraph, the plots are considered complete and buildable if:
a) during its publication from 22-6-1983 PD / D (284) had a minimum face of eight (8) meters, a minimum area of one hundred and fifty (150) sq.m. and
b) come from the final act of implementation of the urban planning study and have a minimum face of eight (8) meters and a minimum area of one hundred and fifty (150) sq.m.
3a. In addition to the conditions of the previous paragraph 1, the plots are considered complete and buildable, since they were not created by a division that was made in violation of its provisions from 22-6-1983 P / Dtos (D’284).
The described urban problem (invalidity) can be addressed using the legal tool of usufruct recognition:
Extraordinary usufruct exists when one rents a property for at least twenty years, continuously and uninterruptedly, with good faith and intellect of a master, practicing prefectural acts in it such as regular visits, fencing, fruit picking, etc.
The usufruct, which is also mentioned in the Civil Code, is an original title deed of a real estate in contrast to the derivative way of acquisition that is done through a notarial document.
In the current notarial practice is a common phenomenon e.g. invocation of usufruct and the simultaneous transfer of the property to which it refers. Also, in the declaration of registrable rights in the national cadastre with title referring to the usufruct, the property is registered accompanied by an affidavit of two persons.
A property within the city plan (plot now) with a title deed can not issue a building permit, unless there is a final court decision recognizing the ownership completed by 10-03-1982, which is the reference date for the calculation of land contributions and money.
Therefore, the beginning of the prefecture must be placed before 10-03-1962, in order to complete the twentieth year and then the property acquires urban status and independence.
The lawsuit must be filed against the licensor, if there has been no mediation of purchase or acceptance of inheritance, the corresponding times are added.
After the issuance of the Court Decision and its transfer to the competent Mortgage Office or Cadastral office, paying the corresponding tax, the procedure is completed and the property can be built legally.
The following are noted here:
• It does not mean usufruct in an ideal share of real estate
• The previously mentioned procedure does not apply to non-buildable properties (outside the plan), which can not be issued a permit. If fault has been partitioned, it is dormant as long as the area remains off-plan.
Circular 31111/2844/1999 of the Department of Topographic Applications of the (former) Ministry of Environment and Spatial Planning is also relevant. according to which the court decision that is presented (and has the status of a title deed), recognizing ownership in a plot of land, should be mentioned as it existed before the P.E. (implementing act) and not after it.
In conclusion, the recognition use usufruct gives urban autonomy to the plot, which would otherwise be considered as part of the major area from which it came.