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?
There can be other charges that are not mentioned in the land register. For example:
- Adverse possession or Usucapio (in the LR one can find only the transcription of the decision declaring the usucapio, but before this moment a buyer cannot find out if someone is acting to gain the adverse possession)
- Fiscal charges such as the debt of the previous owner related to transfer taxes (usually the notary requires the seller to give a declaration, issued by the competent revenue office, concerning possible fiscal debts)
- Municipal or other public rights of pre-emption, due to the public utility of the property or its artistic value.
In all these cases there isn’t a public register where needed information can be found. Usually the Notary collects the needed declarations or permissions.
2. To whom does responsibility for investigation of such rights apply?
Usually the notary charged with drawing up the deed collects information concerning the building, permissions and certificates required by law. But the buyer could contract an obligation to buy even before signing the notarial deed, through a preliminary agreement, binding for both the parties. In this case it is appropriate and advisable for the buyer to get all the necessary information from the promisor seller.
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).
There is no special protection.
4. Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?
The boundaries are identified in the cadastral maps; in case of dispute between the neighbours, there are special judicial procedures to ascertain or modify the boundaries.
5. How does an aggrieved party remedy any boundary error?
A possible error in the cadastral boundaries can be solved, with the agreement of the interested parties, through a technical professional charged by the interested parties, to prove the inaccuracy of previous division acts compared with the situation resulting from the maps kept by the Cadastre.
