Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

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• Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

No. Numerus clausus principle

• In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

The content of property rights is strictly determined by the law.

2.    To whom does responsibility for investigation of such rights apply?

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3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

Land Registry Law distinguishes three types of registration: registration, booking, annotation and the constitutive effects are only referred to the first type.

There are to be found in our system examples, usually annotations, with different functions: pubblicità- notizia, pubblicità- dichiarativa…

Indeed a numerus clauses in real property rights is to be interpreted only for those with  constitutive effects.

In Provincia Autonoma of Trento, it is also possible to register other legal acts or facts referred to immovables.

National laws  ( such as for examples art. 2645 quarter of civil code regarding public rights which burden the property) have so been made applicable in our system, through interpretation of LR judges.

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

Boundaries are defined by Cadaster and based on a map. Anyone can inspect it. However Cadaster and Land Registry should always be in concordanza so the map reflects the legal situation of land Registry.

5.    How does an aggrieved party remedy any boundary error?

This is a situation which has to be faced and solved case to case.