Real estate sales

Real estate sales / Expropriations

The presence of a lawyer when selling a property is important and especially for the buyer is essential. The purchase of real estate includes some stages, from the collection of the required documents to the signing of the purchase contract. In particular, during the first stage of the procedure, the lawyer checks the title deed of the property in the competent mortgage office and land registry, in order to ensure to his client that the property is free of encumbrances, that is, he is not encumbered with a mortgage or mortgages, that he has not exercised or that no claims or pending lawsuits have been filed against the property.

Then, if the lawyer ensures that the property is free of encumbrances, it is important to check in the competent town planning, in order to ensure that there are no arbitrary constructions or that any arbitrariness of the property has been legalized. Then, the submission of the required documents to the notary, the payment of the tax to the competent public financial service, the control of the contract before signing, are stages in which the lawyer has a decisive role.

In particular, the correct description of the property to be purchased, the control and the agreement of the method of payment of the price, especially if on the one hand there is a loan from a credit institution, require great care to avoid mistakes. After the signing of the contract and without delay, the contract must be transferred to the competent mortgage office / land registry. Only with the transfer of the contract, the process of buying and selling and the ownership of the property is completed and officially secured in the share of the buyer and the new owner.

Our office deals particularly with the part of expropriations. Regarding the institution of forced expropriation, the latter is of particular interest, both in theory and in jurisprudence. In particular, the concept of property, on the deprivation of which the forced expropriation is based, has from time to time undergone various interpretive approaches, especially if one takes into account the European origin of securing the broader concept of "property". Thus, in addition to the constitutional and jurisprudential acquisition of property, European-level legislation has made a decisive contribution to the fuller and more effective protection of the right, which responds to the ever-increasing economic reality and the possibilities of State intervention in individual rights.

Greek jurisprudence, which from time to time complied with the requirements of European law and the needs of the modern welfare rule of law, could not remain indifferent to these rhythms. In addition, the institution of forced expropriation contains a rather complex set of provisions, with a rich case study of special forms of expropriation, which need special treatment. The increased procedural guarantees, the set of court and out-of-court procedures that are followed, the multiple jurisdictions of different courts and the successive amendments that the institution has undergone, are issues that make the latter not only complicated, but also remarkable.

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