Usucapione in Italy

Usucapione, deeply rooted in ancient Roman principles, is immensely important for individuals considering real estate investments in Italy.

Essentially, it signifies property ownership through prolonged possession, a concept deeply embedded in Italian property law.

Understanding Usucapione is crucial for prospective buyers as it directly impacts property rights and ownership dynamics. Without a comprehensive grasp of Usucapione and its implications, buyers risk encountering legal complexities, disputes, and potential challenges to their property ownership. Therefore, gaining a thorough understanding of Usucapione and its various types—Ordinary, Special, and Abbreviated—is essential for making informed decisions and ensuring a smooth real estate transaction process in Italy.

Understanding Usucapione

Usucapione, derived from Latin “usucapio” meaning “acquisition by use,” embodies the legal doctrine allowing individuals to claim ownership of property through prolonged and uninterrupted possession. Rooted in the principle of adverse possession, Usucapione balances the rights of property owners with those of  who have utilized or occupied the property over an extended period.

There are four types of usucapione recognized in the Italian legal system — Ordinary, Special, Special – Abbreviated and Abbreviated – and to understand them is essential for making informed decisions and ensuring a smooth real estate transaction process in Italy.

Furthermore, it represents an “original ownership”, which means that through Usucapione, one can be declared owner of the property without the need for a sales contract, will, or voluntary transfer by the owner. 

The Five Requirements of Usucapione in Italy

To successfully claim Italian Usucapione property rights, adverse possessors must meet five fundamental requirements:

1. Actual Possession:

The possessor must physically occupy the property in question.

2. Open and Notorious Use:

The possession must be visible and obvious to anyone who might have an interest in the property.

3. Exclusive Possession:

The possessor must exercise control over the property to the exclusion of others.

4. Hostile Possession:

The possession must be without the permission of the true owner but not under force or hostility.

5. Continuous and Uninterrupted Use:

The possessor must use the property continuously and without interruption for the required period.

Ordinary Usucapione in Italy

Under Article 1158 of the Civil Code, ordinary Usucapione serves as a potent mechanism for property acquisition, obviating the requirement for formal agreements or voluntary transfers. In the case of immovable assets such as buildings and land, ordinary Usucapione becomes operable after a continuous possession period of 20 years. Subsequently, the possessor can secure ownership through a civil court judgment obtained via a lawsuit against the owner. This legal decision has a retroactive effect, dating back to the initiation of the twenty-year possession term.

Example: A family occupies a piece of land adjacent to their property for over two decades without any formal agreement. Subsequently, they file a lawsuit against the previous owner, and the court awards them ownership based on ordinary Usucapione.

Special Usucapione for Rural Land

Special Usucapione offers a tailored approach to property ownership, specifically designed for rural land with attached buildings in mountainous municipalities. Governed by Article 1159-bis of the Civil Code, this variant enables ownership acquisition following 15 years of uninterrupted possession. Notably, it applies exclusively to rural areas with attached buildings in municipalities where at least 80 per cent of the terrain lies 600 meters above sea level.

Example: A farmer residing in mountainous terrain, cultivating the land and utilizing the attached farmhouse for 15 years without interruption. As per special Usucapione, the farmer gains ownership of the property due to prolonged possession.

Special – abbreviated Usucapione for Rural Land

In paragraph two, the same article 1159-bis regulates another particular type of usucapione, called “special abbreviated”. In this case, the possessor has purchased a small rural land with an attached building, in good faith, from someone erroneously claiming ownership on the property. In this case, due to the requisite of the good faith, the possessor will gain legal ownership of the property after 5 years of uninterrupted possession.

Example: An individual purchases a property from a farmer residing for generations in the same mountainous terrain, without being the rightful owner. Since the purchaser and the seller were both in good faith, the purchaser gains legal ownership of the asset after five years of continuous possession, thanks to special abbreviated usucapione.

Abbreviated Usucapione in Italy

Abbreviated Usucapione accelerates property acquisition through adverse possession, condensing the possession period to a mere ten years. It is also governed by Article 1159 of the Civil Code. Unlike its counterparts, this mechanism applies when a possessor, acting in good faith, acquires property from someone erroneously claiming ownership. The ten-year countdown for abbreviated Usucapione in Italy begins upon transcription of the acquisition deed in the property registers.

Example: An individual purchases a property from someone holding a valid title but not the rightful owner, and after ten years of continuous possession, gains ownership through abbreviated Usucapione.

Finally …

For those considering property acquisition in Italy, grasping the nuances of Usucapione is paramount for informed decision-making and risk mitigation. Here’s a breakdown of essential factors:

1. Thorough Due Diligence:

Prospective buyers must conduct extensive research to ensure the absence of ongoing Usucapione claims or disputes. This entails scrutinizing ownership history, verifying title deeds, land registry maps and seeking counsel from legal experts to evaluate potential risks.

2. Seeking Legal Advice:

Engaging qualified professionals well-versed in Italian property law, including Usucapione regulations, is advisable. Legal experts offer invaluable guidance on navigating complexities, clarifying rights, and obligations.

3. Meticulous Documentation:

Proper documentation of all property transactions, including sale contracts, deeds, and registration with relevant authorities, is imperative. This establishes a transparent chain of ownership, averting future disputes.

4. Risk Assessment:

Evaluating Usucapione risks based on factors such as property location, history, and prior usage is essential. Properties in rural areas or with extended occupancy may be more susceptible to Usucapione claims.

5. Negotiation Strategy:

Buyers should incorporate Usucapione considerations into negotiation tactics. Sellers may offer assurances or concessions to mitigate risks and ensure smoother transactions.

For comprehensive legal assistance, De Tullio Law Firm, with over 55 years of expertise in cross-border property, inheritance, and family law are right beside you all the way. Contact us for a free preliminary consultation, explore our comprehensive buying guide and informational videos on Italian property law for further insights.