According to the law in Greece, ‘foreigners’ are not allowed to acquire real estate property, or to obtain a lease on it for a period of more than six years, in the borderline areas of Greece.

It would be unjust to deny for example to a Greek expatriate, who lives today in the US, Australia or Canada, his or her, right to obtain property in the island of Samos, where his ancestors lived until the beginning of the 20th century, simply because we can’t find today his ancestor’s registration in the municipal archives, especially when that Greek expatriate, citizen of the US today, speaks Greek, has a Greek name and can produce a plethora of old baptism and marriage certificates which show Greek Orthodox weddings and so on.

The logic behind this law is to protect the integrity of the Greek territory. In other words, the prohibition exists for reasons of national security.

The bottom line of this legislation is that, as a matter of principle, all transactions regarding real estate properties in most borderline areas of Greece are not allowed, even for Greek citizens.

However, Greek and European (European Union – EU) citizens are allowed to apply to a local committee for an exemption to the prohibition and for these citizens (Greek / EU) the exemption is usually granted.

The law states that those who have the Greek citizenship and people of Greek origin (Greek expatriates), including Cypriots, as well as citizens of any other European Union member-state, can apply for permission to obtain real estate as an exemption to the blanket prohibition of the law.

The exemption is granted provided some conditions are met and the applicant declares how he/she will use the property.

It is interesting to note that this law allows Greek expatriates, including those who do not officially have the Greek citizenship, to apply to the committee in order to obtain permission to acquire real estate property in the borderline areas of Greece.

This is very important for many people around the world, who have Greek roots and want to re-establish links with Greece, but they can’t trace their Greek ancestors to the official municipal archives (Demotologion – main book of citizens and Mitroon Arenon, Male Registry for the army).

The fact that they can’t obtain official birth certificates from a Greek local municipality for their ancestors means that they can’t obtain the Greek citizenship/passport, at least according to the easier procedure for citizenship acquisition.

There are plenty of cases, though, where such expatriates are more “Greek” than many of us, since their ethnically Greek ancestors may have lived for millennia in Turkey for example, before they were persecuted or murdered by the Turkish regime (1915, the genocide against the Greeks of Pontos, 1922, killings and persecutions of 2.5 millions of Greeks or Asia Minor etc.).

It would be unjust to deny for example to a Greek expatriate, who lives today in the US, Australia or Canada, his or her, right to obtain property in the island of Samos, where his ancestors lived until the beginning of the 20th century, simply because we can’t find today his ancestor’s registration in the municipal archives, especially when that Greek expatriate, citizen of the US today, speaks Greek, has a Greek name and can produce a plethora of old baptism and marriage certificates which show Greek Orthodox weddings and so on.

People of Greek origin, who trace their ancestors to Imvros and Tenedos, Smyrna – Asia Minor, Konstantinople, or the Eastern Thrace, or to places of Greek territory, like Kastelorizo etc. are treated by the law in the same way as the official Greek and EU citizens, as far as their right to obtain property in Greece is concerned.

Christos Iliopoulos, attorney at  the Supreme Court of Greece, LL.M.  bm-bioxoi@otenet.gr