8650 Sold 'by possession'

Just when I began to believe that everything was going well and we were nearing completion, I have received a message from our agent along the lines of:

Two rooms will be sold 'by possession' as the succession documents for these 2 rooms have not been presented. They have been in the family for years and years thus qualifying for the legal title 'possession of more than 20 years'.

I'm "assured" (actually I'm far from being assured!) that this is quite usual, nevertheless I'm anxious to ensure that I make the right decisions before ploughing headlong into something I may regret later.

If anyone has had a similar experience or could offer any advice it would be greatly appreciated.

Category
Legal

Submitted by Anonymous (not verified) on Wed, 01/23/2008 - 16:23

We had a similar situation years ago with a property in Granada (Spain) and we understand that it is quite common in many EU countries, particularly in the case of old properties. Check with a solicitor. We also had the property professionally surveyed and we asked the notary to add the surveyed plans to the title deed. When we sold the property, years later, we did not have any problems with this as we had taken the necessary measures; however, get a solicitor to handle the problem. It will save you lots of money in the long run.... and headaches.

Submitted by Anonymous (not verified) on Thu, 01/24/2008 - 16:28

"Usucapio" (possession of 20 yaers) is a mode of acquisition of property.
Usually it is settled by the Court, however this is not necessary.

You can ask to the vendor to declare in the act of sale that he acquired the property by usucapio.

All the best,
Massimo

Submitted by Anonymous (not verified) on Thu, 01/24/2008 - 16:40

Firstly, it isn't uncommon to find this sort of situation, but it is up to you to protect your own rights. You don't say in which region you are buying, or from how reputable an agent, and these are both rather significant considerations.

The advice to get some independent legal advice is very sound, and I believe that Charles Joseph, (who can be contacted by looking at his addresses in his user profile), is possibly your best first port of call.

Good luck

Submitted by Anonymous (not verified) on Fri, 01/25/2008 - 13:33

Many thanks to all those who took time to post a reply. Your advice is much appreciated.

Submitted by Anonymous (not verified) on Sat, 01/26/2008 - 04:48

Yes, I second that Charles will make treble sure all is safe before purchase. He has teamed up with a very good Italian lawyer for all conveyancing, their fees are very reasonable and they do go the extra mile. I recomend from personal experience and knowledge of the number of people they have helped get out of the s***!

Submitted by Anonymous (not verified) on Tue, 07/08/2008 - 14:12

Thought it only polite to tidy up this thread. I took your advice (many thanks again) and contacted Charles who has worked with us through the purchasing process; which I'm pleased to say was completed successfully a few weeks ago. I can only give positive feedback about the service we received.

I guess that it's difficult to say whether we were right to involve a lawyer, simply because we don't know what the outcome would have been if we hadn't! What I will say though is that I felt a whole lot more comfortable at the Notaio's office (speaking little Italian) knowing that I had someone batting for my side!!!