In reply to A newbie all over again! by Annec
In reply to A newbie all over again! by Annec
There has been a few posts about this right in the past, but this is the best thread on the topic and there is a very good and short answer by CMJ Oliver:
[url]http://www.italymag.co.uk/forums/legal/10262-25-year-use-becomes-ownership.html[/url]
There is actually a correction on the number of year-use. It is 20.
In reply to A newbie all over again! by Annec
If you do a search of the forum using usucapione as the key word you will find a number of threads dicussing it. The advice given in those threads alway came down to the advice to [B]talk to a notaio about it:[/B] nobody else, a notaio!
It means, more or less, "squatter's rights", or the right to ownership gained by having benefited from the land/building for twenty years. (I don't understand pasta shooter's mention of the ten year consolidation period).
In reply to A newbie all over again! by Annec
ownership via the use of... ie dont know if you are english but say in common law if you walk the same path for a hundred years it becaomes yours or for public use because you have always used it...well that sort of thing
you get it here via using something for a defined period without any major interruptions and providing you haven't used force
for instance in Italy it is quite common that a farmer will farm land for a certain length of time without a contract and it could them become his
other problems occur for people from abroad that suddenly realise their relatives had land which might be of some value...only to arrive in Italy and find someone else has been using it for a number of years and now has the ownership from that use
better than talk myself around in circles
here's a link
[url=http://www.tutelati.it/l'usucapione.htm]L'usucapione dei beni immobili. Cos'è l'usucapione[/url]
and this is the reason why the person is asking the question
[url=http://www.tutelati.it/abbreviato.htm]Abbreviato[/url]
i would say that mt reply to pasta shooter would be to have a solicitor work with him on it unless the value of the land is very low and that if he lost it there would be no problem for him....either in terms of money or loosing the use of it... any purchase subject to laws outside the norm...although this is slightly normal is worth having a legal person on your side to check...
i almost always suggest charlotte oliver ... because in terms of legal ability and i know its sometimes seen as a contradiction...an honest solicitor... who checks things properly
[url=http://www.italymag.co.uk/forums/members/cmj-oliver-solicitor.html]Italy Magazine Forums - View Profile: CMJ Oliver, Solicitor[/url]
shes a member of the forum and her practice is in rome.. and her advice is sound
took me too long to type
In reply to A newbie all over again! by Annec
It is not easy to provide you with a precise answer without knowing the full details of the property. However, in essence, the conveyance of real estate subject to usucapione normally takes place once the court has passed what is called a sentenza dichiarativa. In this case, there are no problems, even if the owner is as you have described.
On the other hand, the procedure (not so common) would be that the owner declares the usucapione because he has possessed the property for many years without dispute or controversy. However, this scenario requires greater care because the risks are much higher, especially in your case, given the age of this owner.
Whoever you engage to resolve this issue will need to carry out the relevant searches and due diligence on the property first.
Hiya
Sorry to be asking, rather than advising, but what is usucapione.
Thanks.