Hi, We are considering purchasing a

Well ....................... "................... The English owner has assured us that this man has no rights over the land ..................."Get him to confirm via a lawyer that this is correct - otherwise you could be in trouble later

To be entitled to first refusal on the purchase of the land, the farmer must have under the age of 67, and does not have in his family, a son or daughter, unemployed or otherwise without a proper activity or an employment working - Best security, would declarations, signed by this farmer, who cultivates the land, where he says that every year has been paid for the work of cultivation of the land - If one of the two options described above, not can be demonstrated, there is a serious risk that the farmer can demonstrate that they have the right to first refusal to purchase the land - and the only chance to have a security that is the farmer, signs, in front of  the notary, a statement inserted in the act of buying, where he claims not to be concerned to exercise the first refusal for the purchase of the land cultivated by him at any time and at any priceUgo , by  > www.lifeinitaly.it 

The declaration, to have a legal validity, must be signed before a notary, and the best thing is that it is inserted in the act of purchase, that you and the seller English, you will sign before the notary Italian – However, with regard to the deposit, since this risk existsing about land farmer - I suggest you sign the “ compromesso”  with the help of a notary, and leave the deposit in the hands of the notary, who will return it to the seller, or when this (the seller) have shown that the farmer can not exercise this right, (with a birth certificate for age greater than 67, or a family status which indicates that a person has no family able to exercise pre-emption, or receipts signed by the farmer, to the effect that was paid every year to the work of cultivation) or at the time of signature of the public deed, when the farmer will sign the renunciation of first refusal in front of the notary Ugo , by www.lifeinitaly.it

I guess with 80 trees it is a lot of land, that being the case do you really want to take care of it yourself? Most certainly there is a good chance this will be a bad start with what I assume are neighbours? There are others here (like Ugo) who have far more experience in these matters than I, but I would have thought this is something the current owner should be asked to sort now and get the document either now or as a condition of the compromesso?

some neighbors will be so impressed if the new buyers, "do not do stories for a few olive trees", but just as certain, new buyers will not be at all happy if tey find the farmer, in his garden, perhaps on Sunday at 5 in the morning, with the tractor to dig the olive trees or fertilize it i with great pig dung  at tea hour .. :) Another suggestion is that the seller registers, at the land registry of Perugia, the land surrounding the building, as – ENTE URBANO AGGRAFFATO AL FABBRICATO URBANO  - in this way, the soil loses the status of agricultural land and  receive this of  - ENTE URBANO  - On a land registered as ente urbano  - Italian law states that can not be exercised preemptive right agrarian – according italian laws can be AGGRAFFARE to the  the urban fabric, up to a maximum of 5,000-square meters of agricultural land.Ugo  by www.lifeinitaly.it  

Hi , many thanks again for your answers. We are leaving England tonight and will be in Italy tomorrow and we will hopefully have some more information on our return. We yet again thank you all for your experience and knowledge that you have shared with us.  

I would advise getting everything checked by professionals, from paperwork, to house itself, before buying, for a relatively small expense you could save yourselves from some very expensive burocratic matters that would need resoving. Try these guys, they can recommend english speaking law firms toowww.propertyexpertsitaly.com 

The right of prelation which Ugo refers to is different from any possible rights that the farmer could have on the land.   If he has been farming it for 20 years with no written contract, he could (I say could) say that the land is now his under a cessation by the owner.  This is different to the right of prelazione which he could excercise for the sale if he has the prerequisites for doing so .  The owner must accept all respinsibility for what he is selling, and must therefore give written guarantees that there will be no problem with the farmer when you tell him that his services are no longer required.  Getting all the olives for cleaning the land and then selling them back to the owner means he has had a very good deal for the last twenty years!  

Buongiorno , ModicasaIl diritto di prelazione , matura con  la coltivazione del terreno . Ove questa coltivazione , non  sia stata effettuata contro una remunerazione economica , che sia inequivocabilmente dimostrata  da una ricevuta o meglio da una fattura , entrambe  quietanzate ,  la coltivazione medesima , legalmente ricade nella fattispece di un contratto di affitto . Orbene ,   l'affitto  da automaticamente diritto all'esercizio della prelazione . sorry for my not proper english .. The right of first refusal, ripe with the cultivation of the land. If this cultivation, has not been carried out for pay economy, which is clearly demonstrated by a receipt or an invoice better, both receipted . The cultivation ,  legally it falls in the case of  a lease. The lease  will be automatically entitled to the exercise of pre-emption. see >> http://www.notariato.it/sites/default/files/5108.pdfpage 2 - a) prelazione a favore del conduttore del fondo ... and following -i am sorry ..in Italian ( but from Consiglio nazionale del Notariato = Italian Notary association) Ugo by > www.lifeinitaly.it 

Ugo  your post was about the right of prelazione which comes with the sale of land and asking the neighbours (if they have the right of prelazione) to sign a waiver.  I added the right of prelazione through cessation which is different and which you hadnt touched upon.  Both apply to the buyer/seller in this case, as you have showed in your last post.