Cadastral Mediation - MARIA DIMAKOPOULOU - KALOUSIOU

CADAMOLOGICAL MEDIATION
MARIA DIMAKOPOULOU - KALOUSIOU | Attorney at Law
& Accredited Farsala Mediator

Published in the Government Gazette (Government Gazette Β΄6444 / 31.12.2021) the joint ministerial decision on the operation of the institution of the Cadastral Ombudsman established by the article 8 of Law 4821/2021. According to this decision, the Special Register of Cadastral Mediators is kept in electronic form and mediators per District Court of First Instance are registered in it by Central Mediation Committee. The training program of the cadastral Ombudsmen has a duration of at least 20 hours and is carried out by a living organization or with modern distance education or in combination and includes at least the training of the participants in matters concerning in particular the law of property, Law 2308/1995 and 2664/1998, the training in technical issues concerning the registration of registrable deeds in the Land Registry and in particular in the procedure and the conditions of correction of inaccurate first declaration, and the use of the electronic services of the institution “Hellenic Land Registry“.

The beginning of the obligation to appeal to an initial mediation session of case d) of par. 2 of article 6 of law 2664/1998 (A '75) is set for April 1, 2022. It is obvious that after the issuance of the above JMC will follow the training seminars of the cadastral mediators so that it is possible from 1.4.2022 to conduct YAS.

I remind you that with the recently introduced regulation
of Article 8 thereof Law 4821/2021 defined that:

(a) before the hearing of the lawsuit and on the penalty of inadmissibility of the hearing, the plaintiff must summon, with the lawsuit or with a special petition, all the defendants to a mandatory initial mediation session (YAS);

(b) the YAS is conducted before a cadastral mediator selected by a special register, which is compiled and kept in electronic form by the Central Mediation Committee of article 10 of n. 4640/2019.

(c) The mediation procedure is mandatory for all lawsuits filed since its entry into force, regardless of the value of the object of the dispute, ie it also concerns lawsuits before the Single Member Court of First Instance with a value of less than € 30,000. It is not required in lawsuits with a necessary party the State, Local Government or other NPDD

(d) In case of agreement, the minutes of the mediator are registered in the cadastral sheet and the incorrect cadastral registration is corrected.

(e) If the lawsuit also requests geometric changes in the cadastral diagrams, the topographic diagram of geometric changes and the proof of its electronic submission to the electronic database of the Agency are attached to the mediation report, upon penalty of invalidity.

(f) The settlement of the dispute according to case d) is prohibited to conceal an informal transfer of the property and is subject to burglary under the terms of article 939 of the Civil Code.

(g) Regarding the issues related to the procedure of the mandatory initial mediation session, the content and the validity of the mediation minutes are applied according to the provisions of par. 2 and 3 of article 6, in article 7 and in par. 1 and 2 of article 8 of the law. 4640/2019 respectively.

(h) If the parties agree, a mediation report is drawn up which is registered in the cadastral sheet of the property.

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