have bought a house in Umbria purchase went well with

11/05/2020 - 17:10

have bought a house in Umbria purchase went well with no problems, but we are having border and access road issues with our neighbour who owns the land and road around us. Despite attempts by ourselves to reach agreements we have started receiving quite toxic emails from our neighbour, thinking now is the time to seek legal advice can anyone advise how best to go about it.

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The access should have been stipulated in the act of sale.  If your neighbour is the owner you will have an inalienable right of passage - ie you can access your property.   You cannot park on the neighbours land.  It would be worth talking to the people you bought from - if they knew there were problems and didnt tell you they ccould be in trouble.  Its impossible to give a specific answer to a general question, but you first stop should be the notary who stipulated the act of sale and ask him. 

There will be a historic right of access to the house - you cannot sell a property in ITaly which is inaccessible.  So it all depends what sort of problems you are having.  I would still check with the notary, and if the owner is just being unreasonable in the hope you will sell up and and he can get his hands on it all, an official lawyers letter may be a good idea. 

grinlowland ,

in which municipality of my region did you buy the house? , I would like to be able to direct you to a not very expensive lawyer, able to understand the English language - Although, I am completely in agreement with Modicasa, The Notary, who entered into the deed of purchase, and who is therefore guarantor, to the Italian law, of your access rights, to your home and from it to the public road, is the person, who, before anyone else, can call to order, a neighboring bully

In Perugia >  Antonino Ruggiano Lawyer

> http://www.mammoliruggiano.com/index.php?option=com_content&view=article&id=11&Itemid=109

Hi ,

We have a lawyer in Gubbio he has helped us in all kind of problems we had and has become our friend .

He doesn't speak English but he is extremely connected and well he is Calabrese, he will know how to speak to your neighbor. 

His name is Francesco Gagliardi  and if you wish I will send you his phone number.

 

Dear Glynrowland,

If your deed of purchase does not indicate your right of way (Servitù di Passaggio), you or your real estate lawyer can check at the Land Registry since all rights on properties are usually registered.

Once you have a proof/document showing your rights (which you surely have since you cannot buy a house with no possibility to access), it is suggested to hire a lawyer and send a letter in which a) you explain and show your rights, b) invite your neighbour to stop his illegal behavior.

In case the above does not give you any positive results, you can enforce your rights through specific actions. I hope this will not be necessary. 

Kind regards,

Luxury Law

 

Ugo,

I like your sense of humor..

I am sure compare Turiddu would surely sort any problems much faster.. but of course I meant "legal" action ;) 

For example art. 1079 of the Italian Civil Code gives specific protection to whom is in the same situation as Grynrowland.

LL