The content of the information
GENERAL ISSUES
Graphic examples of a piece of information:
- Case 1: LR extract sale 1 immovable
- Case 2: LR Extract more immovable more subjects for different rights and shares
- Case 3: LR Extract foreclosure
- Case 4: LR Extract voluntary mortgage
- Translated model for LR inspection
In the Italian Land Registry System, bona fides is not protected, so that the buyer (or better, the notary) will have to check the whole chain of titles all the way down until possible period of prescription or adverse possession would have expired – regularly for 20 years.
It is to be highlighted that online consultation of the land register is less meaningful in countries with a register of documents organized in a personal folium, unless you can also consult the related documents (which so far is possible only for entries from September 2012).
In order to find a property in Italy the applicant has to know at least the name of the owner. If the owner is known in the D.B, the information system will return a list of all existing «formalities» (Trascrizioni, Iscrizioni, Annotazioni) registered “in favor” or “against” that person. Then, the applicant chooses from the list the registered notations related to the property ( a mortgage, a sale, a mortis causa deed, a division deed, a lien and so on).
If the applicant also knows the cadastral data, it is possible to obtain only the information related to that specific property. (see the annexed application model for inspections). The result will be the same notation by which the deed (the sale, the mortgage, etc) had been registered. In other words, the system shows the same document ( so called “NOTA”) introduced in the register in order to obtain the publicity of the deed.
This document has a structure organized in four sections:
- Section A: contains information related to the deed ( Notary, number and date of the deed, kind of contract etc)
- Section B: contains the object of the contract (the land, the plot etc), identified by the cadastral ID. address, nature (Building, building site, plot, peace of land), land use, surface (metric system). Boundaries are not included. There is no graphic information, like a map, associated to the L.R information. The information of this section is not integrated in/ provided by/ identical to/ coordinated with the Cadastre information: the document perfectly reflects the deed, in which the notary must verify and certify the correspondence between land registry an cadastral data.
- Section C: contains information related to the parties of the deed, divided in two parts: “In favor” (the person acquiring the right) and “against” (the person disposing the right). For each person, (identified by name, surname, date of birth and fiscal code)the model contains: the kind of right (Full property, Usufruct, Use, Habitation, Easements etc), the share, the matrimonial regime.
- Section D: it is a free field in which it can be possible to find some other information related to clauses of the contract not included in the aforementioned sections.
In a personal folio based system all encumbrances, property rights, liens and so on, are registered, according to the deed, in favor of the person that acquires the right and against the person that “looses” it (for mortgages and preemption rights (Privilegi) there is a specific register, with constitutive value, where mortgages and preemption rights are registered, against the person of the mortgagor/ debtor and in favor of the mortgagee/ creditor.)
So, searching by the name of the person and the cadastral ID of the property, the system returns all the related documents (a mortgage, a seizure, a sale, and so on) registered.
Information about conditions affecting the ownership :
Condition antecedent or suspensive and Condition subsequent or resolutory is included in the section A of the notation. A description of it should be contained in section D (Free part).
