Selling property “non in regola”
In preparing to sell the ownership rights of Italian real estate property the seller must carry out a thorough initial examination of the layout and planning and building permits. This is strongly recommended at the earliest possible stage, even before a mandate is given to an Estate Agent to market the property, or before negotiations begin with a prospective new owner, and without doubt before the signing of a preliminary contract. This advice applies equally to owners intending to gift the property to family members. The property owner...
read moreUsi civici – property rights
In some regions in the South of Italy, in particular Abruzzo, Basilicata and many parts of Lazio (in particular south of Rome which were areas of the Mussolini bonifico) there are still ancient property rights (“usi civici“) which affect the ownership of land parcels, which in some cases go back to pre-Roman times. These are considered a limitation or restriction on real property rights, in the same category as “diritti di superficie” or “l’enfiteusi” (now almost extinct). After the Roman empire...
read morePower of attorney for use in Italy
LEGAL UPDATE by Charlotte Oliver: A power of attorney (“procura generale” or “procura speciale”) must be drafted and signed in a valid form acceptable in Italy, in order to give the power to another person to carry out transactions such as the purchase or sale of property, to act in a succession in Italy, to deal with financial affairs and bank accounts or to set up a company. If the power of attorney is signed in Italy, the signature must be witnessed by a Notary Public. This is not always straightforward if the...
read moreNew reporting rules for paying guests
PROPERTY LAW UPDATE by Jenny També: Strict rules concerning those who host paying guests were introduced in italy in January 2013. Accommodation facilities, as well as private individuals hosting lodgers, are now required by law to communicate their guests’ details directly to the local questura. The main aim of this law (Decree of 7th January 2013 no. 19 – Disposizioni concernenti la comunicazione alle autorita’ di pubblica sicurezza dell’arrivo di persone alloggiate in strutture ricettive) is to enforce...
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