10129 Freehold ownership

[FONT=Arial]How do I make sure the house I’m buying is 100% free hold and no one else can make a claim over elements of the estate and that it does NOT include property rights ‘diritto di superficie’, surface rights, allowing someone to build on a piece of land, yet not own the land itself??????[/FONT]

Category
Property Sales/Rental Advice

Your estate agent can easily get you a copy of the present/existing deed from the municipio where the property is registered -- read it carefully, and if your Italian is not up to it, hire an independent translator (not the vendor's, attorney's, or estate agent's). For the 40 euros or so you can get some peace of mind.

An act of provenance will usually supply the necessary details. This is a public act, not held at the municipio, but at the Conservatoria dei registri dei beni immobili - but it is usually easier to ask the vendor for a copy and he can get it or direct you to the notaio who did the previous act. Any rights of existing servitu o rights of superficie, if pre-existing- will be in this act. Bear in mind that the vendor is selling guaranteeing the property to be free of pesi, gravami o servitu unless otherwise notified. The right of superficie if granted, extinguishes automatically after 20 years if not used. However it is something that the vendor must tell you otherwise he is making a false declaration in the act of rogito.