Unsealing of Property in Greece
Unsealing of Property in Greece
What is the sealing of property, why is it carried out, and by whom?
We often hear of cases, especially in large cities like Athens, where individuals living alone without close family or social ties are found deceased in their homes after several days. In such cases, the police seal the deceased’s residence to protect their personal belongings located within the property.
According to Article 826, first paragraph of the Greek Code of Civil Procedure, “The Court, upon the request of any person with a legitimate interest or ex officio, may order the sealing of assets to prevent any risk, simultaneously appointing a notary to carry it out.”
Based on the above provision, it is clear that sealing is ordered by a decision of the Court. In urgent cases, the police may perform a temporary sealing and subsequently submit a report of the provisional sealing, along with an informational note and the keys of the property, to the competent Court. The Court then appoints a notary to proceed with the formal sealing of the residence.
Once the property is sealed, no one, not even the heirs of the deceased, is permitted to enter. Any breach of the seals constitutes a criminal offense under Article 178 of the Greek Penal Code and is punishable by imprisonment of up to two years.
Of course, besides the police, anyone with a legitimate interest, such as one of the heirs, may also request the sealing of the property. In this case, an application must be filed with the Court following the non-contentious jurisdiction procedure.
Who can request the unsealing of property and what is the procedure?
The unsealing of property can be requested by anyone with a legitimate interest, typically the heirs of the deceased or the owners of the property if the deceased was a tenant.
According to Article 831 paragraph 1 of the Greek Code of Civil Procedure, “If the maintenance of the sealing is no longer necessary or if an inventory is to be made, the Justice of the Peace who ordered the sealing, upon the request of any person with a legitimate interest or ex officio, orders the unsealing.”
Thus, the unsealing of property is conducted by a notary following a judicial order issued by the competent Justice of the Peace, according to the following stages:
1. Filing an application by a party with a legitimate interest at the Court that ordered the sealing
After the sealing is completed and the notary drafts the corresponding sealing report, persons with a legitimate interest may file an application before the same Court, under the non-contentious jurisdiction procedure.
This application must be served to the Police Department or any other party that requested the sealing. Some legal scholars argue that the application should also be served to the notary who performed the sealing, although this opinion is rarely accepted in practice.
2. Hearing of the unsealing application
Once the application is filed, a hearing date is set, at which the applicants must appear with their attorney. They must prove that the reason for the sealing no longer exists — namely, that there is no longer any risk of loss or destruction of the deceased’s belongings. They must also demonstrate that the sealed items are not of high financial value, in which case appointing an expert for an inventory would not be necessary.
The Court then issues a decision appointing a notary to carry out the unsealing and designates a custodian of the belongings, who is usually the applicant.
3. Unsealing by the notary
After the court decision is issued, the appointed notary is immediately notified to proceed with the unsealing and to draft a relevant unsealing report listing the items found inside the property. Afterwards, the keys and the possession of the property are handed over to the custodian.
4. Inventory of the sealed assets
If it turns out that the sealed items are of high economic value (for example, collectible paintings), the Justice of the Peace may appoint an expert by the same decision to conduct an inventory of the objects after the unsealing.
If you are seeking a lawyer for the unsealing of property, or other residence, you can contact Economou & Economou law office in Athens Greece. We will undertake the entire procedure, offering:
• Detailed guidance on the procedure
• Affordable legal fees for the unsealing process
• Prompt execution of the procedure
• Legal advice and continuous updates on the progress of the case
For expert legal assistance regarding unsealing of property in Greece, contact the best law attorneys in Greece at Economou & Economou Law Office in Athens — named among the Best Law Office in Greece by Lawzana. Reach us at econlaw@live.com, call us at (+30) 2103603824, or fill out our contact form.