In accordance with the legislation applicable to the National Land Registry, those who have real estate or another right registered in the cadastral registers to real estate in the area under cadastral registration, are invited to submit a statement with a description of the right and a reference to the reason for its acquisition (article 2 par. 1 of the 2308/95, F.E.K. A’ 114). Furthermore, according to article 12 par. 1 of law 2308/1995, as amended by article 1 par. 27 of law 3127/2003: “after the issuance of the deed of verification according to the previous article, the competent Land Registry Office , provided for in Law 2664/98, makes the first entries in the cadastral books for all properties in the area that was cadastral. The date of registration of the first entries is noted in these books.”

However, although during the critical time period of the drafting and submission of the relevant initial declarations of deeds or other registrable rights of Law 2308/95 by the legal beneficiaries, the real right of the true beneficiary by virtue of his legal transcribed titles is not registered, in initial entries of the books of K.G. Kalamata, with the result that the relevant real right of ownership is affected and disputed and the above entry in the books of K.G. needs to be corrected.

Because according to article 7 of Law 2664/98 (F.E.K. A’ 275): “1. The first registrations, the accuracy of which was not disputed before the courts within the deadline of par. 2 of article 6, become final and produce an irrefutable presumption in favor of those alleged with these first registrations as beneficiaries of the rights to which they relate…”.

Because according to article 18 of Law 2664/98 (F.E.K. A’ 275): “1.a) The Head of the Land Registry Office may, upon application by anyone with a legal interest or ex officio, proceed with the correction of manifest errors in the cadastral records, in particular…….., as well as data related to the registered right, its title and the property object, as long as the error in the registration arises in an undeniable way from the registered deed and its accompanying documents. …….. .b) In the case of initial registrations, the manifest error may concern any element of the registration and in particular the beneficiary, the right, the title deed and the property object. …….. For example, the error is obvious when the inaccuracy in the registration data: aa) results from a public document registered in the books of the Mortgage Registry…, provided that the correction does not replace (displace) a third party’s right, unless the third party consents to the correction, by co-signing the application, and this consent does not imply an informal transfer or change of title to the property. ……. .”

Because at the time of the commencement of the operation of the competent Land Office and at the time of the posting of the initial land registrations, he was already the owner, notary and owner with legal transcribed title deeds, for this reason he must be registered in the Land Books of the competent land office as legal their owner, owner and assignee.

When the undisputed and non-negotiable right of the applicant clearly and indisputably emerges from the documents provided as well as from the title deeds registered during the initial registrations, while the inaccuracy in the details of the registrations results from public documents that have been transcribed both in the books of the Mortgage Registry and registered during the initial entries in the cadastral books, and through the correction no right of a third party is replaced (displaced) and therefore no rights of third parties are infringed.

Then, based on the procedure of Article 18 of Law 2664/98, of the obviously incorrect first entries in the relevant cadastral sheets, it may be requested that the original incorrect entry be corrected and that the correct one be created and registered in the cadastral books and charts as determined by the legal his transcribed titles in the transfer books of the competent Mortgage Office.