I've recently been informed by the

Bibi Image
08/09/2015 - 05:48

I've recently been informed by the new owners of the farmhouse I once owned in Piemonte that the piece of land attached to the house is still in my name and that they would like to purchase it or have me donate it to them.  I had no idea that it still belonged to me as I assumed at the sale in 1996 when I then returned to the UK, that house and land were sold together. I had forgotten that at the purchase in 1990, there was a second signing for the land. The current owners have lived in the house for 3 years and I am aware of the Usocapione law that states that after 10 years the property automatically goes to who lives/uses/maintains it. The couple who now run the property as a business (B&B) and recording studio are already using the plot as vegetable garden ( almost a hectare) as it has a valuable water spring on the site and they would like to add some donkeys at some point as the lady is interested in running an animal assisted therapy retreat. Does anyone have any tips for how I should move on this situation? On one hand I wasn't expecting to sell and profit from a sale but on the other I did buy this land back in the day and it would be nice to have a little windfall. I don't really have any italian contacts over there who I can ask to help but someone has suggested I get hold of the Mappa Catastale to see exactly what is what. How do I get hold of this please?

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You say you sold the property but fogot that this bit was included.  Presumably when you sold it, the  buyers assumed they were buying that piece too?  If so, you leaglly (and morally) cannot ask for money for the piece of land you forgot to include in the original sale.  If on the other hand, that piece of land is entirely separate to what was included in the original sale you can ask market price.     Whoever was your agent for the sale, should be taken to task.   However for the mappa catastale you need to contact someone such as a sbrigapratica, pr the agent who sold your property.  Even the act of sale whcih the notary will have will have the mappa catastaele attached, so you need to ask the notary for a 'copia conforma' of the act which will have all the attachments.

Thank you for your reply. I can only assume that the succession of owners (at least 3) since I left have been unaware that the land was still in my name and have been using it. The current owner says she was surprised to find out at the Notary's at the time of purchase 3 years ago, that the land was still in my name so she must have been led to believe up until then by previous owners or an estate agent that house and land were together. Why any of the previous owners were not told if that were the case that they didn't own the land as well, I can only put down to bad conveyancing. Thank you for your advice.

It is always possible that the land was sold, but the voltura wasnt done at the catasto office.  The act of sale is your deed, not the visura - so its depends what the act of sales say.  the visura is not legal proof, onlny a guide - and its easy to update.