Conveyance-Lawyer & Notary duties

Conveyance is the legal term for processing the paperwork involved in buying and selling a property and transferring the deeds of ownership. In Greece, some aspects of conveyance such as drawing up the deeds and witnessing the signatures can be performed only by a public notary. A notary represents the government and one of his main tasks is to ensure that state taxes are paid on the completion of a sale. However he doesn't verify or guarantee the accuracy of statements made in a contract or protect you against fraud, so it is vital to employ a lawyer to carry out the following checks:

· Verifying that a property belongs to the vendor or that he has legal authority to sell it. Note that the final transfer of ownership cannot take place until a separate title deed has been issued. The lawyer should also verify that trees on rural properties belong to the owner.
· Making sure that there are no tenants. If there are, you must ensure that you will obtain vacant possession.
· Checking that there are no pre-emption rights over the property and that there are no plans to construct anything that would adversely affect the value, enjoyment or use of the property such as roads, railway lines, airports, shops, factories or any other developments.
· Checking that the boundaries and measurements in the deeds are accurate. Obtain a certificate from the property register containing an accurate physical description of the property and maps. When buying a property of land the boundaries must be surveyed.
· Ensuring that building permits and planning permissions e.g. building license, water and electricity supply exists.
· Checking that there are no encumbrances or liens e.g. mortgages or loans, against a property or any outstanding debts, such as local taxes (rates),community charges.
· Ensuring that proper title is obtained and arranging the necessary registration of ownership

Notary's Duties

In Greece, the sales contract is prepared by a public notary , who is responsible for ensuring that it's drawn up correctly and that the purchase price is paid to the vendor , in this case to our company. He also certifies the identities of the parties, witnesses the signing of the deed, arranges for its registration ( in the name of the new owner) in the local property register and collects any fees or taxes due.