2602 Sila Property help

My father passed away several months ago. I found a deed filed in his important papers for property in the Sila "Opera per Valorizzazione della Sila"1951. Everything is in tack. The deed, the bill of Sale and his work log book.

I am coming to Italy this spring. Is this property worth looking into or has it been too long. From what I can make out the vicinity is near Camigliotto. (Not sure if I spelt that right)

I believe the property is forestry/agriculture. I saw the property 9 or 10 years ago while I was in Italy with my father. My father said that he used to grow potatos on the property. I didn't realize that he owned the property until I found the deed.

I would like to claim the property if it is worthwhile. Can anyone advise me of what I should do and how to go about it, or if they think it is worthwhile to persue and how much would 50 years of unpaid taxes cost me.

Josie (Pina)

Category
Legal

Submitted by Anonymous (not verified) on Thu, 02/09/2006 - 12:19

Suggest you Pm the notaio who is active on this forum and most helpful with his guidance to forum members.

Submitted by Anonymous (not verified) on Thu, 02/09/2006 - 12:53

[QUOTE=chausjm]My father passed away several months ago. I found a deed filed in his important papers for property in the Sila "Opera per Valorizzazione della Sila"1951. Everything is in tack. The deed, the bill of Sale and his work log book.

I am coming to Italy this spring. Is this property worth looking into or has it been too long. From what I can make out the vicinity is near Camigliotto. (Not sure if I spelt that right)

I believe the property is forestry/agriculture. I saw the property 9 or 10 years ago while I was in Italy with my father. My father said that he used to grow potatos on the property. I didn't realize that he owned the property until I found the deed.

I would like to claim the property if it is worthwhile. Can anyone advise me of what I should do and how to go about it, or if they think it is worthwhile to persue and how much would 50 years of unpaid taxes cost me.

Josie (Pina)[/QUOTE]

If your father bougth the land legally it is part of his inheritance, so it goes to his heirs (offspring and spouse): you have 10 years from your father's decease to present the "dichiarazione di successione", that is a declaration with whom you claim the property before the tax office and pay a tax equal to 3% of its cadastrial value.
If I understand correctly your post, however, it seems that the property hasn't been used in years: this might be a problem, because, if someone used the land acting as an owner for more than 20 years, he/she could claim the property before a court with a civil action called "usucapione" (adverse possession) and gain the property.

Submitted by Anonymous (not verified) on Thu, 02/09/2006 - 13:39

If someone should claim the property with a civil action "usucapione" after I apply for a succession for title to the property, will I be noified, and can I appeal their action ? because I know the property has not been used by anyone, re: photos and movies. I have been there and saw that and no one has farmed the land.

Submitted by Anonymous (not verified) on Thu, 02/09/2006 - 13:51

if nobody is owning or has owned the land, there should be no problems