2548 Pre emption rights

[QUOTE=John and Liz Collis]It has been suggested to us by an Italian estate agent that difficulties arising over pre-emption rights can be ruled out by the prospective purchaser of house and land buying only the house and renting the land from the vendor. After a period of time the person renting the land then has pre emption rights over and above anyone else.
Is this the case? If so what are the pitfalls? How can the arrangement be enshrined in a contract?

We were quite interested in the alternative option of incapsulating the plot of land purchased within the owners own land. We wonder whether this could be done leaving a tiny strip 1 metre wide of the owners land around the plot to be purchased.
John and Liz Collis[/QUOTE]

You can follow option a) (renting) but you have to cultivate personally the land as farmers: in this way the pre-emption rights go to the tenant, excluding the bordering owners.
Moreover you have to wait at least a couple of years for the final purchase contract, otherwise the other neighbours might contend that all the procedure is a mere simulation of a single purchase (as it really is).
It is a risky option anyway, because in the gap between the house purchase and the land purchase could happen a lot problems (vendor's bankrupt, death, non-fulfilment etc) so if you choose to follow this route, you better find appropriate guaranties.

The option b) (incapsulating) is a "no hope" solution.
There are diverse decisions of Cassazione (the italian High Court) stating that this is a mere simulation, because the "tiny strip" is not a land autonomously cultivable and has no economic reason, but its only reason is to avoid the pre-emption rights: in other words it is a fraud and the neighbours might challenge it successfully before a court.

.........from a non-legal standpoint, I'd consider the impact that taking such a decision might have on the re-sale[i]ability[/i] of the property/land ....... if you proceed down this route and [i]if[/i] you decide to sell at a later date, [i]if[/i] I (as a potential buyer) was advised of a somewhat complex situation like this, I'd run a mile.

It may be totally justifiable & within the law, but as a prospective buyer, I'd see it as faff, hassle & too much like hard work.

.......as I say, it's an outsider's view that is emotional, rather than intellectual. Hope it helps ;)

Why can't you just sort out pre-emtion rights in the normal way?

you can find more info about pre-emption rights on this page:

[url]http://www.italymag.co.uk/forums/showthread.php?t=1873&highlight=pre-emption+rights[/url]

I hope this helps! :D

As the pre-emption is valid ONLY on the land for uso agrario , that's registred to NCT (nuovo catasto terreni) , and the Italia Territory agency (catasto ) allow until 5000 sqm of land attached to buiding , my advise is :

1. certify as residential (accatastate all'urbano = NCEU ) all the buiding withi 5000 sqm of land - you can buy this unity as " prima casa " , declare the lowest value , and pay only 3% of declared value.

2. declare all the value (maybe bigger) on the land for agricolture use an pay ONLY for this , the 17%

Ugo
[url]http://www.lifeinitaly.it[/url]

[quote=Ugo;20600]As the pre-emption is valid ONLY on the land for uso agrario , that's registred to NCT (nuovo catasto terreni) , and the Italia Territory agency (catasto ) allow until 5000 sqm of land attached to buiding , my advise is :

1. certify as residential (accatastate all'urbano = NCEU ) all the buiding withi 5000 sqm of land - you can buy this unity as " prima casa " , declare the lowest value , and pay only 3% of declared value.

2. declare all the value (maybe bigger) on the land for agricolture use an pay ONLY for this , the 17%

Ugo
[url=http://www.lifeinitaly.it]Lifeinitaly, Italian Real Estate mortgages to non-italians to buy restore build residential properties in Italy[/url][/quote]

Dear Ugo,

If I understand you correctly, does this mean that if the agricultural plot of land is within 5000 sq. m. of the surrounding land attached to a house, that one is able to "certify" the land as residential? As the buyer, by what authority may I do this? In our case the agricultural plot (1225 sq. metres) it is just about 15 metres or so from the back door (house terrain of about 2000 sq.m). This is a all a bit of a hasstle becasue we have just found out that the vendor has neglected to offer it to the adjacent farmer and we are only 3 weeks away from the rogito. Thanks for any clear information. Cheers.