Related Counsel: Aris Goulandris

Related expertise: Real Estate , Litigation & ADR

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In a recent decision, the Supreme Court (Areios Pagos) recognized the ownership rights of private owners over a property (within registered public land) located in the coastal settlement of Kato Agios Petros on the island of Andros. In a long-standing dispute with the Greek State, the Supreme Court, with its decision No. 1490/2023, affirmed the importance of long-term possession and good faith in disputes between private individuals and the State over public lands.

Significance of the Decision: The Supreme Court emphasized that the State is also required to prove its claims of acquiring property ownership as ownerless, as well as its claims of the private possessor's bad faith. Highlighting the importance of the historical context in the legal and ownership status of the Cyclades, the Court clarified that the act of registering an area as public land does not, by itself, constitute an obstacle to recognizing private ownership based on extraordinary usufruct."

Case Details: The legal dispute began in 2017 with a lawsuit filed by the private owners, which was accepted by the Multimember Court of First Instance. Subsequently, they were vindicated by the Court of Appeal, which rejected the State's appeal. The case culminated with the Greek State filing for cassation, which was dismissed by the Supreme Court (Areios Pagos). The plaintiffs, represented by lawyer Aristidis Goulandris, a partner at the law firm Tsibanoulis & Partners, argued their ownership of the disputed property based on extraordinary usufruct, emphasizing the long-term good faith possession by themselves and their predecessors. The Supreme Court dismissed the State's claims of acquiring ownership of the property either as a successor to the Turkish State or as ownerless, taking into account the specific circumstances of the case and the entirety of the evidence.

Statement from the Plaintiffs' Counsel: This decision by the Supreme Court (Areios Pagos) is of great significance as it clarifies issues of property law in disputes between private individuals and the Greek State, and confirms the possibility of recognizing private ownership based on extraordinary usufruct over public lands," said Aristeidis Goulandris, the counsel who represented the plaintiffs. "We are pleased with the court's decision, which not only vindicates our clients but also sets an important jurisprudential precedent for similar public property cases. This is particularly relevant for the Cyclades, where there are many similar public property disputes."

Positive Impact: The decision is expected to have significant positive implications for thousands of other owners who happen to have rights in the specific area of Andros. Despite the initial registration of the public land 22 years ago and the related opinions of the Advisory Council on Public Properties, the State's claim continues to exist, and the issue remains unresolved.