The clock is ticking for the return of afforested fields up to 30 acres to private individuals who can register ownership of these areas, which were recently declassified by legislation, as the Ministry of the Environment gave the green light with a relevant amendment it submitted to the climate law currently under discussion.

The «The Land Registry will serve as the vehicle for the transfer of these plots, which are estimated to cover 6.9 million acres.. Specifically, based on the proposed regulations, the relevant Cadastral Offices will make internal corrections to the cadastral tables registering as owners the individuals who have submitted a relevant declaration of registrable rights. At the same time, the Greek State will withdraw the lawsuits and applications filed concerning the correction of inaccurate initial cadastral registrations relating to these areas.

This amendment introduces regulations for the cadastral registration of forested land that changed form after the waiver of ownership rights. Greek State on these areas. Specifically, it is provided that:

Statements by the State regarding forested farmland are rejected, for which the right of the State is not established and decisions issued by the appeals committees are automatically revoked, which recognized the State's rights over these areas, while pending cases before these committees are abolished.
The Land Registry Office makes internal corrections to the land registry tables, registering as owners of these properties the individuals who have submitted the relevant declaration. registered right, while the Greek State waives the lawsuits and applications filed concerning the correction of inaccurate initial cadastral registrations relating to these areas.

As pointed out in the explanatory memorandum to the amendment, the aim is to restore, through immediate procedures and avoiding time-consuming legal disputes, the property rights of private individuals who hold title deeds to land that has been afforested but was claimed by the State and was either already registered or was about to be registered asowner of their properties due to its presumption of ownership of forest areas or the ratified forest map. These reasons are now considered insufficient, while From now on, the Greek State will only be able to assert ownership rights if there is strong evidence and it can substantiate these rights through title.

It is essentially the implementation and application by the Greek Land Registry the recently passed regulation on forested farmland.

In the case of wooded fields for which no declaration has been submitted to the Land Registry or for which ownership rights are not sufficiently established, they will be recorded in the provisional land registry tables as «owner unknown.».

What applies to wooded fields

The law that has already been passed stipulates that the Greek State will not be able to assert ownership rights to land appearing in aerial photographs from 1945, or, if these are not clear, from 1960, with an agricultural form that was subsequently afforested, regardless of the form they later acquired, on which the State does not establish ownership rights based on title. In addition, administrative expulsion protocols issued for the above areas are revoked even if they have been finalized by the courts.

These regulations apply to areas of up to 30 acres.

It should be noted that The total area of forested land is approximately 6.9 million acres. Most of the land is located in Arcadia (approximately half a million acres), Ioannina (391,000 acres), and Messinia (349,000 acres). However, the most impressive percentage of the total regional unit is found in Lefkada with Meganisi (15%), followed by Arcadia (12.5%), Messinia (11.7%), Kastoria (11.4%) and Chalkidiki (10.1%).).

In the case of areas designated as «forest areas» and not as «forests,» the process is extremely simple and the requirements are almost non-existent, since proof of ownership is sufficient with only the E9 form.

Specifically, it is stipulated that, in order to prove their legal interest in requesting the removal of forest vegetation, interested parties must submit, together with their application, either notarial deeds, or declaration of real estate details (E9), or sworn statements, or any other evidence suggesting a legal connection with the property. Administrative acts issued pursuant to forestry legislation for the protection of the above areas, revokingi.

The provisions of the regulation also apply to forest properties that were distributed as inheritance plots., which appear in the aerial photographs closest to the time of the concession in agricultural form and were subsequently afforested, regardless of the form they later acquired.

If the areas have been designated as «forest», then an area of up to 30 acres can be used for agriculture and arboriculture, without allowing any further change in their use. Those who claim ownership rights over the above areas, by virtue of legally registered titles, have the right to request a change of use for agricultural and arboricultural exploitation.. The change of use is permitted, subject to a permit issued by the Director General of Forests to whom the competent Forestry Service reports, following a recommendation by the relevant Forestry Officer or Director of Forests, if there is no Forestry Office in the prefecture.

Specifically, for areas larger than five acres, in order for the relevant permit to be granted, it is established, on the basis of a relevant economic and technical study, that the following conditions are cumulatively met:

– Soil and ecological conditions favor this type of farming.,

The necessary conditions are met so that the slope of the land is less than 25% and the depth of the soil is suitable for agricultural cultivation, there is no risk of soil erosion (otherwise the necessary protective measures must be taken), they are not forests with a protective effect on soil and groundwater, they are not located in parks and groves within cities or residential areas, and they are located outside the Attica region.
Due to its location, interdependence, and connection with neighboring forest areas, this specific area can recover its forest vegetation through natural regeneration after the end of agricultural exploitation.

The economic and technical study, accompanied by a topographical diagram of the area, is drafted, signed, and approved with the permit for change of use of the area.

Lifting of reforestation

Another article of the same amendment provides for the mandatory exclusion from reforestation of areas that have been declared reforestable but do not appear on the ratified forest maps as having the character and form of forests or forest areas, while the procedure for reforming the ratified forest maps, in whole or in part, is specified. To this end, the relevant decisions declaring the areas as suitable for reforestation are revoked or amended.

Furthermore, it is stipulated that the State shall not assert ownership rights in the cases of the above areas and the relevant administrative expulsion protocols shall be revoked.

Maria Liliopoulou