Process of Registration
1. How many stages are there in the conveyancing process?
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2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
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3. Who is responsible for dealing with other departments/agencies?
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4. At what stage of the overall conveyancing process is your organisation involved
A person contacts a notary or a professional to act on their behalf on the acquisition of a legal title. The procedure to obtain a title is of course, different in relation to the kind of title ( notary, judiciary…) . LR Law provides titles must have all the charachteristics provided by law, documents must not be affected by visible defects, parties must be identified. The document shall contain the place and date.
Parties who have a legitimate interest or other cathegories of officers provided by law can then apply the competent Land Registry for registration of the title.
5. Is any or all of the conveyancing process dealt with electronically?
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6. Is any or all of the registration process dealt with electronically?
The conveyancing process is nowadays not dealt electronally, whereas part of the registration process it is.
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?
The complete and clear answer to this question can be found in the Fact Sheet about LR proceedings from chapter II and followings.
8. How many stages are there in the registration of title process?
See above point 7.
9. What kind of entries are in your system?
- registration (intavolazione) – which has the effect of acquiring, modifying or extinguishing a right – when the title consists of a judgment not subject to appeal;
- booking (prenotazione) – which has the effect of registration, if subsequently justified
- annotation (annotazione) in the other cases.
10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
- one week
- one week
- four days
11. At what level in the organisation is the final decision to register a title made?
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12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
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13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
Entries in the Land Register may only be made following a decree of the land register judge.
The land register judge is supported by a registrar, who is deeply involved in all the phases of the procedure.
The land registrar will first of all compare the application with the status of property in land books at the moment of presentation. Having studied both, he will decide whether accept or reject, without listening to interested parties and without taking into consideration other elements such as for instance other documents. Land registrars are not entitled to rely on different means for taking a decision, not beyond the registrations related to properties in LR books and the documents presented.
In case of rejection, it is necessary to motivate it and it is also possible a partial rejection.
14. Is the decision to register a legal, judicial or administrative function (or mixed)?
It is Judicial.
