Help! I have a complicated situation on

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02/08/2017 - 04:49

Help! I have a complicated situation on my hands with regards to property in Italy.A lovely neighbour has stolen my land by renumbering the land in question  causing confusion by "fractionating "the original peice and pretending my original peice of land still exists by pushing it up further onto land belonging to her family who then placed a gate on the higher peice of land  .So she was claiming it back not that i want it ,it was never mine!These modifications were made on the catasto at the same time as she was registering  her house modifications , I am certain the tecnico who submitted this did so on pupose because by satelite measurments it is all out of place.It is clearly seen even by google maps.Unfortunatly consulted with a local solicitor and tecnico who did their level best to probably protect the local tecnico who did this work so they obviously were not working on my behalf, received no information at all.Is there any cheap way to rectify this mess ,I am a mature student and really struggling but am quite frightened and now my atto is wrong ....Italy is beautiful but unfortunatly there's also another side...The stress is becoming unbearable and is affecting my little family. 

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Go and visit the comune planning office.  The house plans and land plans held by this department are in fact the legal plans.  It is possible to change the plans held at the Land Registry - planimetria catasatale - by making a false declaration.The Comune Planning office and the Land Registry are two different departments in Italy - and they don't communicate with each other - apparently.  The Land Registry relys on the declaration of an owner that the changes that they are registering have gone through the appropriate legal/planning process and they don't check.I know this to be a fact as I am in legal action with the previous owner of my property who registered plans at the Land Registry without applying for planning permission at the Comune.  According to the Comune the only legal plans are those held by them.

Your act of sale is not wrong - that is your title deed, and the proof of what the real state of the matter is.  I dont know when you bought, but from 2012 onwards there would have been a planimetria of the land attached to the act of sale which showed what is yours.  Your neighbour cando what they like at the catasto, but unless you live in Aosta or Friuli it is not legal proof of the situation.  However, you mustnt just keep your mouth shut.  As you dont have the money to start legal action, and will not want to, you need to stop the attempts of your neighbour closing off your land.  You obvioulsy have rights of access - as it is yours, and a gate is not permitted, especially if it has a lock on it.  If the comune is not helpful, call the carabinieri and ask them - if nothing else your denuncia will be on public record that you dispute the neighbours/your boundaries.    Italy has many problems but the law is on hte side of the property owner, and if your neighbour has decided to help herself to your land, then it is easy to stop it.  The thing to do is not remain silent.  You must say something on public record.  Good luck. 

Unfortunately tried doing something early on but then the solicitor could not draft a letter to say get your gate down from my clients land because of the change in numbers .I.e I could not clearly show it was mine because of the change in the Catasto.
I tried employing 3 different geometri (locally)
Whom as soon as they spotted something wrong just wanted to wash their hands of it.
This change occurred in April last year. (Catasto)
But her gate went up August 2015
Time has lapsed because I don't have strong contacts or money to throw around (yet!)
I need to do something because I can t put my property up for sale even and yet if I denounce her I'm afraid of repercussions.
I will have to ...she has left me no choice.
Thank you very much for your advice.