from 1 July any act of sale must include a certificate of energy saving which every house in Italy will eventually need and should be displayed next to the numero civico of the property.
Italian succession is handled by the notaio, so that is the first stop with a copy of the will. The notaio should handle the nuts and bolts of the succession, so a lawyer isnt necessary unless you are intending to contest the will. However, a translator would help, if your Italian is not fluent. (or an English speaking notaio) - but they will all be on holiday till the end of August.
Possession is the equivalent to squatting in the UK - but it requires only 20 days uninterrupted habitation to claim the right - as there is no house on the land, he cant live there, so can't claim possession ... its a right which is falling into disuse, and exists more on paper than in fact.
If the previous owner is still in the village and is known to the old man, he'll never be able to take the land in usucapione, (I assume there is no building on it?). If the road is communal and it has a particella number, the land is not confinant with yours, however, your act explicitly states that the seller guaranteed you full ownership and free from any transcription or burden, so ultimately its your sellers problem, not yours. The lawyer is being bluff, though I have to say, it sounds like a small village and your argument is with the son, not his dad. HOwever, it's worth having something in writing from the seller as to their arrangement. If you're going to terminate the agreement give the old man some notice, or things will turn nasty - if he's just planted his autumn crops... There can be no usucapione on the land, but he might claim possession - but i assume he goes there to work and doesnt actually live on the land.....
Well, as Fillide says, its not simple. usucapione will depend on lots of things - primarily, did he ever pay rent for the land, and did he know the previous owners. Its difficult to prove usucapione if the owners of the land can be easily traced. However, in any case, all of this will start from the date he started cultivating the land,not the date of your act. When you say old... how old? It may be that the easiest thing to do is let any right die with the old man, he cannot will or leave the land to anyone if it is yours. And if he has taken in usucapione, I doubt very much that it has been transcribed. If you accepted gifts, you could argue that the gifts constituted a peppercorn rent. Also its worth looking at this piece of land, whether it is actually staccato from your land or results confinant, which would depend on whether the road, poderal interpoderal or communal. If its the first two, there would be no problem proving that the land is yours. But, check your act and check the catasto maps before making any rash moves.
The state incentives for PV are deductible from your IRPEF (income tax) so require that you are resident. The incentives finish at the end of the year, which means that your plant must be installed and working by 31 December. The paperwork can be extended till June 2011. The figures quoted seem high to me - 3Kw should be about 14-18000 euros. you get the highest rate of incentive if the panels are part of the house, slightly less if they're on a garage roof for example, and less till if they're apart from the house on the ground.
Your electrician is right.... If your fiancee buys in her name only, and you are not married, she owns 100% of the property. Even when you are married, the property remains hers. I think that you could only ever recoup the amount of money you had contributed to the purchase, and that would have to be proved in court. If you buy in both names, she can claim prima casa on her half - and pay 3% of the catastal value and you will pay 7% in tax It will cost you a bit more on the purchase, but bear in mind the taxes are based on the rateable value and not the price you are paying, but you will have more peace of mind.
Due to legal system, auctions as exist in other countries cannot exist in Italy. The only auctions you will find for property are for repossessions or expropriation. Technically it is fine buying at auction. However, for most foreigners it is more risky than in other countries. You have very limited time, sometimes 10 days, to pay - there is no 'out' clause, and sometimes, especially in the south, the only people who are 'allowed' to buy the house are those who are selling - be careful not to tread on the wrong toes - some auctions in my experience are so rigged as to be ridiculous. Unless you have a yen for adventure and risk, I would avoid auctions, especially if you are not fluent in Italian, and have a pet geometra who can do all your searches in record time...
It all depends where you were married and whether you signed a marriage contract. Brits are automaticlly married in communion of goods unless specifically stipulated otherwise. This means that if you buy a place in Italy, in communion of goods (the default) your wife automatically owns 50%. If you are in separation of goods, she doesnt. If you inherit a property during your marriage it remains with you, if you buy before your marriage it remains with you, but anything bought during your marriage is 50% your spouses. The implications are: If you want prima casa, you both need to sign the act or you can only take 50% of the prima casa incentives each, you both need and agree to sell, and both have to sign the act of sale (or give a procura to do so). If one of you dies, an act of succession must be done for the other 50% of the property, which according to Italian law, does not necessarily revert to the owner of the other 50% (depends on legal state and heirs). You cannot just opt for separation of goods, you need certificates. Without the official documentation the notary should allow the purchase under the default regime for the country where you were married - important if you got married on a beach in Kenya, but are Brits, for example....
The founders of the NHS made it a basis of the system that it was free at the point of delivery. A sort of consitution, so more of a principle than a fixation. The same that here in Italy there is a 'right to a job' a 'right to a home' and all the things that teh Brits left behind many years ago. As far as being in thrall to medical companies, its worth remembering that in the UK there are over 50.000 drugs that can be prescribed, here the medical companies have 'incentives' and there are less than 6000 - so its much more of a closed shop that benefits 2 drug companies directly, one of which has its owner in prison at the moment......
Comments posted
Italian succession is handled by the notaio, so that is the first stop with a copy of the will. The notaio should handle the nuts and bolts of the succession, so a lawyer isnt necessary unless you are intending to contest the will. However, a translator would help, if your Italian is not fluent. (or an English speaking notaio) - but they will all be on holiday till the end of August.
They have discovered that people who eat vitamin B1 have a different smell that mosquitoes dont like - so eat the marmite and they'll leave you alone.
Possession is the equivalent to squatting in the UK - but it requires only 20 days uninterrupted habitation to claim the right - as there is no house on the land, he cant live there, so can't claim possession ... its a right which is falling into disuse, and exists more on paper than in fact.
If the previous owner is still in the village and is known to the old man, he'll never be able to take the land in usucapione, (I assume there is no building on it?). If the road is communal and it has a particella number, the land is not confinant with yours, however, your act explicitly states that the seller guaranteed you full ownership and free from any transcription or burden, so ultimately its your sellers problem, not yours. The lawyer is being bluff, though I have to say, it sounds like a small village and your argument is with the son, not his dad. HOwever, it's worth having something in writing from the seller as to their arrangement. If you're going to terminate the agreement give the old man some notice, or things will turn nasty - if he's just planted his autumn crops... There can be no usucapione on the land, but he might claim possession - but i assume he goes there to work and doesnt actually live on the land.....
Well, as Fillide says, its not simple. usucapione will depend on lots of things - primarily, did he ever pay rent for the land, and did he know the previous owners. Its difficult to prove usucapione if the owners of the land can be easily traced. However, in any case, all of this will start from the date he started cultivating the land,not the date of your act. When you say old... how old? It may be that the easiest thing to do is let any right die with the old man, he cannot will or leave the land to anyone if it is yours. And if he has taken in usucapione, I doubt very much that it has been transcribed. If you accepted gifts, you could argue that the gifts constituted a peppercorn rent. Also its worth looking at this piece of land, whether it is actually staccato from your land or results confinant, which would depend on whether the road, poderal interpoderal or communal. If its the first two, there would be no problem proving that the land is yours. But, check your act and check the catasto maps before making any rash moves.
The state incentives for PV are deductible from your IRPEF (income tax) so require that you are resident. The incentives finish at the end of the year, which means that your plant must be installed and working by 31 December. The paperwork can be extended till June 2011. The figures quoted seem high to me - 3Kw should be about 14-18000 euros. you get the highest rate of incentive if the panels are part of the house, slightly less if they're on a garage roof for example, and less till if they're apart from the house on the ground.
Your electrician is right.... If your fiancee buys in her name only, and you are not married, she owns 100% of the property. Even when you are married, the property remains hers. I think that you could only ever recoup the amount of money you had contributed to the purchase, and that would have to be proved in court. If you buy in both names, she can claim prima casa on her half - and pay 3% of the catastal value and you will pay 7% in tax It will cost you a bit more on the purchase, but bear in mind the taxes are based on the rateable value and not the price you are paying, but you will have more peace of mind.
Due to legal system, auctions as exist in other countries cannot exist in Italy. The only auctions you will find for property are for repossessions or expropriation. Technically it is fine buying at auction. However, for most foreigners it is more risky than in other countries. You have very limited time, sometimes 10 days, to pay - there is no 'out' clause, and sometimes, especially in the south, the only people who are 'allowed' to buy the house are those who are selling - be careful not to tread on the wrong toes - some auctions in my experience are so rigged as to be ridiculous. Unless you have a yen for adventure and risk, I would avoid auctions, especially if you are not fluent in Italian, and have a pet geometra who can do all your searches in record time...
It all depends where you were married and whether you signed a marriage contract. Brits are automaticlly married in communion of goods unless specifically stipulated otherwise. This means that if you buy a place in Italy, in communion of goods (the default) your wife automatically owns 50%. If you are in separation of goods, she doesnt. If you inherit a property during your marriage it remains with you, if you buy before your marriage it remains with you, but anything bought during your marriage is 50% your spouses. The implications are: If you want prima casa, you both need to sign the act or you can only take 50% of the prima casa incentives each, you both need and agree to sell, and both have to sign the act of sale (or give a procura to do so). If one of you dies, an act of succession must be done for the other 50% of the property, which according to Italian law, does not necessarily revert to the owner of the other 50% (depends on legal state and heirs). You cannot just opt for separation of goods, you need certificates. Without the official documentation the notary should allow the purchase under the default regime for the country where you were married - important if you got married on a beach in Kenya, but are Brits, for example....
The founders of the NHS made it a basis of the system that it was free at the point of delivery. A sort of consitution, so more of a principle than a fixation. The same that here in Italy there is a 'right to a job' a 'right to a home' and all the things that teh Brits left behind many years ago. As far as being in thrall to medical companies, its worth remembering that in the UK there are over 50.000 drugs that can be prescribed, here the medical companies have 'incentives' and there are less than 6000 - so its much more of a closed shop that benefits 2 drug companies directly, one of which has its owner in prison at the moment......