Forest maps: New circular clarifies ownership issues in forest areas

The problem concerns all areas where the presumption of the State does not apply, i.e. the Ionian Islands, Crete, the northeastern Aegean islands, the Cyclades, Kythera, Antikythera, Mani and the Dodecanese - except Rhodes, Kos and part of Leros.

The biggest blunder

After the publication of the forest maps, most of the aforementioned areas were recorded as forest. The protests of residents and stakeholders were strong, as no account had been taken of the special ownership regime in force, with the State having no rights to the forest areas, which belonged to private individuals.

This is exactly the significant omission come to cover the interventions of the Ministry and the Land Registry, but the burden of proof of ownership to be charged in many areas of private individuals. In particular, the circular of the Ministry of the Environment stipulates that, except for the Ionian Islands, Crete, the northeastern Aegean Islands, the Cyclades, Kythera and Antikythera, Mani and the Dodecanese, in the other regions the burden of proof of ownership between the State and a private individual of forests, woodland, grassland and rocky areas falls on the private individual.

In order to establish area of forest and grassland character and not to be claimed by the State, the owners must produce title deeds before 1 July 2001 (even if the land has been subsequently transferred). The title deeds should be accompanied by topographical drawings, which show the area described in the titles, based on the data held by the Forestry Service.

Any land located in the above-mentioned areas and attributed on the Forest Map as grassland or rocky areas will be Excluding from the Forest Map by the procedure of manifest error.

When does the State withdraw?

«The Greek State does not claim ownership rights in forests, woodland and grassland, located in the areas referred to in the second subparagraph of Article 62 of Law No. 998/1979, if the following two conditions are met(a) the State does not have evidence of its ownership, such as the acts of lease, concession, development and protection of the land as public, as referred to in the provision, and (b) the claimants to the land have title deeds, themselves or their licensors, which were drawn up by 1 July 2001 at the latest, even if they have been transcribed afterwards», says the circular (YPEN/DPD/115255/6217/02.12.2021), signed by the Secretary General of the Natural Environment and Waters Konstantinos Aravosis.

If both of the above conditions are not met, the Greek State continues to claim ownership rights on these lands, as it has done until today.

Evidence of State ownership, for example, may be the following:

1. Title deed, i.e. any notarial deed by which land is transferred to the State, e.g. by sale or donation.
2. Deeds of lease or concession or other exploitation.
3. Acts of exploitation and protection of the land as public.
4. Judicial decisions and negative opinions of the Forest Ownership Councils, as well as ministerial decisions accepting them.

What applies per region of Greece

Specializing the circular of the Ministry, the «Hellenic Cadastre» clarifies what applies per region and in which cases forests, woodland, grassland and rocky areas are owned by the State and in which cases by private individuals.

Specifically:

• Crete and the islands of the eastern Aegean: The private individual is preferred, if the Greek State does not have title deeds or other sufficient evidence of ownership, either with a title until 1/07/2001 (for him/her and his/her beneficiaries) or the private individual has proven to have completed the required period of oracleship until 1915 (the institution of oracleship was in force in Crete until 12/09/1915).
• Ionian: The private person is preferred, if the Greek State does not have title deeds or other sufficient evidence of ownership, either with a title until 1/07/2001 (of the Greek State and its beneficiaries) or the private person has proven to have completed the required period of usufruct on 22/02/1946 (when the Ionian Civil Code, which provided for usufruct, was in force in these areas).
• Kythera - Antikythera: The State is only qualified with titles, otherwise the same applies as between private individuals.
• Mani: If the Greek State does not have title deeds or other sufficient evidence of ownership, the same applies as between private individuals.
• Cyclades: The private party cannot claim usufruct, so to qualify they must have title by 1/07/2021.
• Dodecanese (except Rhodes, Kos and part of Leros):
  • For land that has been classified as forest land, for which the State has titles of ownership, while the private party relies on a transcribed title of ownership that was drawn up by 1/07/2001, the private party is eligible only if it proves a) ten years of ownership and possession by 10/01/1949 and b) undisturbed and bona fide ownership and possession with the mentality of the owner since then, otherwise it is attributed to the State.
  • For land that has been classified as forest land, for which the State has title deeds, while the private party claims usufruct, the private party shall be qualified only if it proves a) ten years of possession and occupation until 10/01/1949 and b) undisturbed and bona fide possession and occupation with the mentality of the owner since then, otherwise it shall be attributed to the State.
  • For land classified as forest land, for which the State does not have title deeds or other sufficient evidence of its ownership, such as deeds of lease, concession or other exploitation, utilization and protection of the land as public, while the private party relies on a transcribed title deed drawn up before 1/07/2001, the private party is preferred.
  • For land that has been classified as forest land, for which the State has no title deeds, while the private party claims usufruct, the private party shall be qualified only if it proves a) ten years of possession and occupation until 10/01/1949 and b) undisturbed and bona fide possession and occupation with the mentality of the owner since then, otherwise it shall be attributed to the State.