10306 Land the family owns.....

Hoping someone legal can give me some advice :smile:

My Nonno owned a lot of land with other siblings. One by one they all moved - many to England and Scotland! 60 years ago one of his sisters died. Recently her daughter has appeared and demanded half of the money dad and his brother get from selling the wood on the land.

Does she have any rights? My Nonno, and then dad and his brother have tended the land and paid rates etc for the last 60 years, she hasn't paid a penny. If she is entitled then can they take off her share of expenses?

Dad does have an Italian solicitor, but it's a very small community, and he's just found out the woman has a plan of the land - which she could only have got from dads solicitor. And it's not been the first time this has happened :no: So he's hoping for a bit of impartial advice :)

Thanks in advance.

Category
Legal

Submitted by Anonymous (not verified) on Mon, 09/01/2008 - 06:38

Have you any idea who actually owns the land which your father and uncle farm? I enquire because it sounds as if there have been an awful lot of wills made (or most probably not made) over the last 100 years, and it is quite possible that your aunt's daughter is a part owner because of the way in which Italian estates are divided.

Really you need to follow the 'successione' of the land to know the position. You could, as a first step, obtain a visura catastale listing the owners of the land. (It might be of little help, but if there are names on that visura which are not only those of your father and uncle, you will need to investigate further.)

Submitted by Anonymous (not verified) on Mon, 09/01/2008 - 07:08

Hi Charles,

Thanks :smile:

This is the reply from my dad when I asked him the above

"We have got a list of all the different people listed and her mother is one of them, her mother has been dead for 60 year's +, there have been no wills, the list even has your dad's great great Nonno listed as well."

Not sure if that helps or not?

Submitted by Anonymous (not verified) on Mon, 09/01/2008 - 10:13

That confirms that you have the not uncommon mare's nest of successione involved, quite probably none of them properly registered! (Not an unusual situation)

Possibly your father can claim squatters rights (if he has had uninterrupted and unchallenged ownership for twenty years). Equally possibly this recent 'claim' by your niece could be an attempt to forestall this move. A notaio is the best placed to advise you, and then you will also need to engage either an avvocato or a legalistic geometra.

Submitted by Anonymous (not verified) on Mon, 09/01/2008 - 13:44

Thanks Charles,

Will let dad know tonight :)

Submitted by Anonymous (not verified) on Fri, 09/05/2008 - 10:46

Id say that if your cousin (2nd cousin?) hasnt done the succession of her mothers will she has no claim on the produce of the land. She would also have her share of taxes etc to pay since her mother died (if she is the only heir).