Process of Registration
1. How many stages are there in the conveyancing process?
Depending on single cases, the process may include the following steps:
- search of the property to buy, for example through a real estate agency;
- possible drafting of a preliminary contract (through the same agency, or through a notary if the interest party wants to register the contract);
- check of the situation of the property at the land registers and the cadastre;
- drafting of the deed by a notary;
- registration of the deed.
2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
Possibly, the Civil Registry for physical persons and the Business Registers for juridical persons.
3. Who is responsible for dealing with other departments/agencies?
The party or a professional on his behalf.
4. At what stage of the overall conveyancing process is your organisation involved
Before signing the contract for checking the situation of the property, and after the signing for the registration of the deed.
5. Is any or all of the conveyancing process dealt with electronically?
As explained above, information from the land registers can be obtained on line.
6. Is any or all of the registration process dealt with electronically?
All the registration process must be made in electronic format.
7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
When a deed is submitted for registration, there is a procedure to be carried out in one day, providing a crossed check of the deed and the related notation, in order to control their congruence and suitability to being registered, and then the registration is made.
8. How many stages are there in the registration of title process?
See answer above, applicable in all these cases.
9. What kind of entries are in your system?
There are three kind of entries:
- the transcription is provided for registration of deeds establishing, modifying or extinguishing rights in rem (e.g. a conveyance);
- the inscription is the means to enrol a mortgage. It is an essential duty for the raising of the mortgage;
- the annotation aims at making public (knowable) the events that modify or extinguish a previous registration (transcription, inscription or annotation).
10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
In 97% of cases all these kinds of registration are carried out within the same day of the presentation.
11. At what level in the organisation is the final decision to register a title made?
The final decision is taken by the Registrar.
12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
The Italian registrar is a civil servant with a legal and administrative knowledge in the field of land registration. Only in 2011 an operating procedure has been introduced that defines the criteria for selection of internal staff to be entrusted with this task.
13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
The Agency provides the registrars with a set of tools such as specific training, a data base of court decisions on registrar’s refusal and so on.
14. Is the decision to register a legal, judicial or administrative function (or mixed)?
It is a mixed function, legal and administrative. Only if there is a claim, a judge is involved in the process.
