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Free Guide to Hiring a Real Estate Lawyer
Conveyancing is the legal process that transfers ownership of real estate from one person to another. In Xanthi, Greece, conveyancing follows national Greek law while also involving local offices and authorities in the Xanthi region. The process typically includes preparation and review of contracts, legal due diligence on the property, satisfying tax and municipal obligations, the signing of the final deed before a public notary, and registration of the new ownership in the relevant land registry or the Hellenic Cadastre. Because Greece is updating and expanding its national cadastre, some properties are registered in the new system while others remain in the older registry - each path has its own procedural steps.
A lawyer experienced in conveyancing protects your interests and helps avoid costly mistakes. Common situations where legal help is beneficial include:
- Buying residential or commercial property - to perform title searches, confirm boundaries and check for encumbrances.
- Selling property - to prepare sale documents, clear liens, and ensure taxes and municipal obligations are settled.
- Inheriting property - to confirm legal heirship, distribute shares and clear succession-related matters.
- Resolving disputes - boundary disputes, co-ownership disagreements, liens or mortgage complications.
- Properties in border or restricted zones - certain areas near national borders require government approvals for non-EU buyers.
- Properties with building irregularities - illegal constructions or missing permits can block transactions unless handled legally.
Lawyers coordinate with notaries, the cadastre, tax authorities and local municipalities, and they can advise on tax planning and registration requirements.
Key legal and administrative matters to know when dealing with conveyancing in Xanthi:
- Hellenic Civil Code and Property Law - govern ownership rights, contracts, mortgages, and inheritance.
- Hellenic Cadastre - national cadastre system where formal ownership records, cadastral maps and encumbrances are maintained. Whether a property is already recorded in the cadastre affects the transfer steps.
- Notarial formalities - property transfers are executed as a notarial deed in the presence of a public notary, who verifies identification, prepares or certifies the deed and ensures necessary certificates are obtained.
- Municipal and planning laws - municipal authorities control zoning, building permits and changes of use. Building violations can impede sales unless regularized.
- Tax and fiscal obligations - transfers require settlement of outstanding municipal charges, property taxes and the payment or calculation of transfer taxes. Capital gains and income tax implications may apply on sale depending on circumstances.
- Border-zone restrictions - properties near state borders can be subject to purchase restrictions or require permits by non-EU nationals. Xanthi is in northern Greece near sensitive border areas, so check whether special approvals apply.
- Environmental, archaeological and forestry protections - certain areas can be subject to environmental or archaeological restrictions that affect permitted use or require additional approvals.
Start by instructing a local lawyer to perform due diligence. This includes checking title documents, the land registry or cadastre records, verifying that there are no mortgages or liens, confirming building permit history, and checking municipal tax and utility obligations. A lawyer will also advise on any necessary approvals for foreign buyers.
Yes. Both buyers and sellers need a Greek tax identification number to complete property transactions. Foreign buyers normally obtain this number through the local tax office or with the help of their lawyer.
The notary is a neutral public officer who prepares or certifies the final deed of transfer, verifies identities, ensures that legal formalities are followed, and confirms that required certificates and tax matters are in order before the deed is executed. After signing, the notary typically files the deed for registration with the land registry or cadastre.
Timing varies depending on whether the property is registered in the Hellenic Cadastre or an older registry, the complexity of due diligence, and whether any irregularities must be addressed. Simple transactions can take a few weeks, while more complex transfers - for example where documents are missing or building violations exist - can take several months.
Common costs include transfer taxes, notary fees, lawyer fees, land registry or cadastre registration fees, and potential municipal charges or outstanding property taxes. There may also be capital gains tax implications for sellers. Exact amounts depend on the transaction and current tax rules, so get a written estimate from your lawyer and accountant.
Yes. EU and many non-EU citizens can buy property in Greece. However, purchases close to national borders or in specific restricted zones may require governmental permission from relevant authorities. Your lawyer will check the property location and advise on any special approval requirements.
Illegal constructions or missing building permits can complicate or block a sale. Options include regularizing the works through the municipal planning process, obtaining retrospective permits when possible, negotiating price adjustments, or, in some cases, withdrawing from the transaction. Legal advice is essential to assess feasibility and risk.
Your lawyer will obtain official searches from the land registry or cadastre and request mortgage certificates and encumbrance certificates. These searches reveal registered mortgages, charges, easements and other encumbrances so you can assess the true status of the title.
Typical documents include the title deed or last transfer deed, cadastral extract or registry certificate, proof of identity and tax numbers for buyer and seller, proof of payment of property taxes and municipal fees, energy performance certificate, and any documents related to mortgages or outstanding charges. The exact list depends on the property and local requirements.
It is common to sign a preliminary contract that sets out the terms of sale and a deposit is often paid as security. The terms, including deposit amount, timeline and conditions, should be negotiated and documented by your lawyer to protect your interests and clarify remedies if the other party defaults.
When dealing with conveyancing in Xanthi, these local and national bodies and professional organizations can provide authoritative information or services:
- Hellenic Cadastre - for cadastral maps, registration and official extracts.
- Local Land Registry office in the Xanthi region - for property registry searches where cadastre records are not yet in place.
- Municipality of Xanthi - for zoning, building permits, municipal charges and certificates.
- Local tax office - for obtaining tax numbers and clearance certificates.
- Hellenic Notarial Chamber - for information on notarial procedures and locating a notary.
- Local Bar Association - for lists of licensed lawyers in Xanthi with property law experience.
- Professional accountants or tax advisors - for transaction tax planning, transfer tax and capital gains advice.
If you need legal assistance with conveyancing in Xanthi, follow these practical steps:
- Choose a qualified local lawyer with experience in property transactions in Xanthi. Ask for references and a clear fee estimate.
- Provide your lawyer with all available documents and be prepared to obtain identification and a Greek tax number if you do not already have one.
- Authorize the lawyer to perform due diligence searches in the cadastre or land registry, and to request municipal and tax certificates.
- Review preliminary terms and request a written engagement letter that describes services, fees and payment arrangements.
- Discuss tax implications with a tax advisor if your transaction involves significant capital gains or cross-border issues.
- Arrange secure payment methods and receipts - transfers should be traceable and comply with Greek banking and tax rules.
- Before signing the final deed, ensure all searches are clear, required permits are in place or regularization steps are agreed, and that the notary and registration process are planned.
Legal guidance during each stage reduces risk and helps ensure a smooth transfer of ownership. If you are unsure about any step, consult a qualified conveyancing lawyer in Xanthi before proceeding.
