If the problem is to pay bills, taxes (such as IMU, etc.) you can find a solution even if you are far away. I can explain you how to do it.
Whilst if you need someone to look after the house, you may find a real estate agency (maybe the same that you are instructing for selling the property) willing to introduce you to the right professionals (cleaner, gardener, etc.).
Please tell us what you are exactly looking for and maybe someone in the forum might help.
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.
No problem in asking for clarification about one of the numerous cases in which we saved a client from a bad purchase. Always with the due respect, I do not believe to have posted “blatant accusation of building irregularities”.
The above example was not fully explanatory just for avoiding a longer post. I could even mention lots of other cases. My focus was to explain to the readers that sometimes it can be quite an advantage to have a professional checking all aspects.
Of course the Municipality did not issue a “permit to build a dog's kennel”. In our case the land was advertised as a building plot, and it actually was! However, we calculated the standard minimum distance between buildings and it came out that there was not enough space for building our client’s dreams-home. This plot, together with the neighboring ones would have allowed him to built a proper home.
If anyone wishes to have more clarification on this topic, I will be more than happy to explain, you can contact me privately. However this was not the crux of the debate, which was mainly focused on the reason why a lawyer due diligence is more than crucial in some cases.
Grazie comunque Ugo per la Sua precisazione che rende il dibattito ancora più interessante :)
With all due respect, I completely disagree with what mentioned about the unnecessity to hire a lawyer for buying a property in Italy!
A notary public and a lawyer have totally different roles.
A Notary is a public official, and, among others things, he/she collects taxes due and register the new ownership. Surely if his job is not done correctly there will be legal consequences such as an invalid deed.
Whilst a lawyer acts on the best interest of the sole client (often the buyer). He/she does not limit his work in making sure that all documents are in place, but also by informing the client on all aspects of the purchase (which I cannot mention here for obvious reasons).
Important to notice that if a lawyer mistakes, he/she will responde with his/her own money, and also risks to lose the title. Reason why all lawyers have an annual professional insurance, which also covers those professionals who work, same as me, in the Real Estate sector.
It is correct to say that there is no obligation to hire a lawyer, however it is in your best interest to do so.
I am a lawyer and proud to have saved many clients from a bad purchase in Italy or to have led them to a good buy. However we have also been in touch with people (expecially foreigners) who thought that a lawyer was not needed, and who eventually spent more money in not hiring one!
For example, one of our last clients is a guy who was almost ready to buy a building land in Italy. The Notary checked all documents, titles and everything was apparently fine. However he felt more protect in hiring us, and fortunately he did so. If he did not contact a lawyer, he would now be the owner of a large building land where he could actually built just a 4 square meters house, basically just a dog bed for his pet!! And this is just one of the numerous examples I can provide you with.
Before answering your question, I need to know if you and your husband got married in separate or joint assets.
In this last case, you can make a will for your part of the ownership.
One more information might be useful for you: under Italian law we have a so called "Quota di Legittima", which means that your children, but also your husband, are protected by law in terms of receiving a portion of the inheritance. This happens independently from drafting a Will or not.
Of course, we need to make sure that Italian law is the one which will be applied. This also depends on the Country where you have spent most of the time whilst married.
Comments posted
Hi Sand,
If the problem is to pay bills, taxes (such as IMU, etc.) you can find a solution even if you are far away. I can explain you how to do it.
Whilst if you need someone to look after the house, you may find a real estate agency (maybe the same that you are instructing for selling the property) willing to introduce you to the right professionals (cleaner, gardener, etc.).
Please tell us what you are exactly looking for and maybe someone in the forum might help.
Regards,
Luxury Law
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
Hi Veronica,
We understand your situation, since we have received many instructions from clients requiring similar help.
A preliminary valuation surely needs to be done before you proceed with your land purchase.
Please see this article which might help you to find some answers: https://www.luxury-law.com/how-to-buy-a-land-in-italy/
Luxury Law
Ciao e benvenuto!
It really depends on how much you want to invest and how long time you wish to stay in Italy every year.
At the moment the market is good for those who wish to buy, especially in the South of the Country.
About being easy to buy a property in Italy, opinions are different since it depends on how lucky you are.
If you buy as a first house you have fiscal benefits, however you need to move your residency to Italy within a certain time.
Annual property taxes depend on the property income. If you tell us more, we might be able to give you stronger advices.
Anyway, I would pay for a mortgage rather then wasting money on a property rent, but this is up to you.
I hope the above info are of help.
Luxury Law
Hello Ugo,
No problem in asking for clarification about one of the numerous cases in which we saved a client from a bad purchase. Always with the due respect, I do not believe to have posted “blatant accusation of building irregularities”.
The above example was not fully explanatory just for avoiding a longer post. I could even mention lots of other cases. My focus was to explain to the readers that sometimes it can be quite an advantage to have a professional checking all aspects.
Of course the Municipality did not issue a “permit to build a dog's kennel”. In our case the land was advertised as a building plot, and it actually was! However, we calculated the standard minimum distance between buildings and it came out that there was not enough space for building our client’s dreams-home. This plot, together with the neighboring ones would have allowed him to built a proper home.
If anyone wishes to have more clarification on this topic, I will be more than happy to explain, you can contact me privately. However this was not the crux of the debate, which was mainly focused on the reason why a lawyer due diligence is more than crucial in some cases.
Grazie comunque Ugo per la Sua precisazione che rende il dibattito ancora più interessante :)
Luxury Law
With all due respect, I completely disagree with what mentioned about the unnecessity to hire a lawyer for buying a property in Italy!
A notary public and a lawyer have totally different roles.
A Notary is a public official, and, among others things, he/she collects taxes due and register the new ownership. Surely if his job is not done correctly there will be legal consequences such as an invalid deed.
Whilst a lawyer acts on the best interest of the sole client (often the buyer). He/she does not limit his work in making sure that all documents are in place, but also by informing the client on all aspects of the purchase (which I cannot mention here for obvious reasons).
Important to notice that if a lawyer mistakes, he/she will responde with his/her own money, and also risks to lose the title. Reason why all lawyers have an annual professional insurance, which also covers those professionals who work, same as me, in the Real Estate sector.
It is correct to say that there is no obligation to hire a lawyer, however it is in your best interest to do so.
I am a lawyer and proud to have saved many clients from a bad purchase in Italy or to have led them to a good buy. However we have also been in touch with people (expecially foreigners) who thought that a lawyer was not needed, and who eventually spent more money in not hiring one!
For example, one of our last clients is a guy who was almost ready to buy a building land in Italy. The Notary checked all documents, titles and everything was apparently fine. However he felt more protect in hiring us, and fortunately he did so. If he did not contact a lawyer, he would now be the owner of a large building land where he could actually built just a 4 square meters house, basically just a dog bed for his pet!! And this is just one of the numerous examples I can provide you with.
You can click on this article: https://www.luxury-law.com/italian-super-bonus-110-relaunch-decree/ , all information are in English.
Please let me know if you find it useful.
Thank you!
You can click on this article: https://www.luxury-law.com/italian-super-bonus-110-relaunch-decree/ , all information are in English.
Please let me know if you find it useful.
Thank you!
Hello Balilee7,
Before answering your question, I need to know if you and your husband got married in separate or joint assets.
In this last case, you can make a will for your part of the ownership.
One more information might be useful for you: under Italian law we have a so called "Quota di Legittima", which means that your children, but also your husband, are protected by law in terms of receiving a portion of the inheritance. This happens independently from drafting a Will or not.
Of course, we need to make sure that Italian law is the one which will be applied. This also depends on the Country where you have spent most of the time whilst married.
Luxury Law
I hope your friend will sort it out. You can count on me if you need any help, no worries!
Luxury Law