Usucapione: Adverse Possession

What is Usucapione?

Usucapione is a legal procedure which can give you ownership of a property in Italy without need of any specific title such as a deed of purchase or a Will and without any agreement with the owner of the property.Usucapione

Usucapione is similar to Adverse Possession. It is a legal situation which is connected with possession of a property which must not happen with hostility.

How does it work?

The possession of whole or part of a property and or land must take place, with public knowledge. After a number of years which can be 10 or 20 depending on the circumstances, the possessor can obtain the legal title and become the legal owner of this property; this happens even if you aware the owner of the property is someone else. Read more

International Property Sales – applicable law

The legal framework regulating international property sales is set by the Italian Law together with international treaties. International Property Sales

In international property sales, if there there is a conflict between Italian and International laws, Italian law will prevail. Art.51 of the Italian law n. 218 (31st of may 1995) states that a real estate conveyance will be regulated by the law of the place where the property is located.

The Rome Convention binding all EU Member States (19th of June 1980) regulates the applicable law to contractual obligations.

The signatories to a contract may choose applicable law for the whole, or a part only, of a contract and select the court which will have jurisdiction over disputes. By mutual agreement they may change the law applicable to the contract at any time (the principle of freedom of choice). Read more

Coming Soon to A Municipality Near You – New Italian ID Cards.

ID cardsHow many of us have slightly torn, crumpled Italian ID Cards in our wallets? However, the days of the flimsy paper Italian ID Card are numbered.

Municipalities in Rome have started introducing new Italian Electronic Identity Cards (Carta di identità elettronica – CIE). Read more

Italy – concrete proof that nationwide building regulation reform is on the way

Since taking office in 2014, Marianna Madia, Italy’s Minister of Public Administration and Simplification has, amongst other things, been working on introducing a set of standard building regulations. The aim is to simplify and harmonise rules and requirements for building practices across the whole of Italy.regolamento

Each of Italy’s 8 thousand municipalities currently have their own building regulations and many are outdated. Rome’s date back to 1934 so a reform is not only necessary, it is also urgent. Every Italian municipality’s building regulations have different definitions; even the notion of surface and the way it is calculated varies from one municipality to another. This plethora of building regulations across Italy is costly and they cause chaos and uncertainty. Read more

Buying a property in Italy can be a nightmare…

41Property purchase in Italy is a serious investment and often the fulfilment of a dream. Italy’s unique real estate laws and local customs all lead to the recommendation of  having the right team of advisors in place to make your experience successful.

A couple from Bristol found a house in the Abbruzzo that they wanted to buy. The local real estate agent, that the couple had engaged, got them to sign a Proposta di Acquisto (purchase offer). Read more

Italian supreme court approves adding TV licence to household electricity bills

Following a review in mid-April, the Italian Council of State has now approved the move to add the tv licence fee, for State broadcaster RAI, to household electricity bills.

The law of stability 2016 heralded a reduction in  the annual RAI license fee to €100 euros from the previous fee of €113,50.222

The new legislation introduces the presumption of ownership of a tv set in residences wherever electricity is installed.

From 2017, tv licence payments with electricity bills will take place in ten monthly instalments, from January to October of each year. Read more

Mortgages for non-Italian nationals

101I am often asked about the possibility of non-Italian nationals getting a mortgage to purchase an Italian property. I thought it might be interesting to explore the subject in this blog post.

In principle, non-Italian nationals can obtain a mortgage in Italy although in recent years, bank policies on lending to non-Italians have been tightened.

My advice is to shop around the banks to see who will lend to you and how much you can borrow based on the value of the property you are looking at buying. Read more

Protect your digital legacy. What legal rights do you and your beneficiaries have over your online life when you die?

Digital_AssetsThe problem with managing digital accounts when the owner has died has become more prevalent in recent years and is a relatively new phenomenon with very little precedent.

In a recent post, I touched upon our ever-increasing reliance on computers, smartphones and the internet. It is important to ensure that our data is  secure and that relevant information can be found by executors and beneficiaries when needed. This post explores digital data and assets in more depth. Read more