1. Criteria for setting priority. How is priority established? Is priority guaranteed by the fact of presenting firstly a document against other document that is potentially incompatible?
Unique criterion for setting priority is the LR submission entry and its date.
The time at which deeds are submitted in the Registry will be the decisive element to establish the preference between two or more registrations with the same date that refer to the same property.
Differently from the title systems, the Italian transcription system doesn’t require registrars to check the possible existence of previous incompatible registrations. Consequently, a registration about a property doesn’t prevent the possibility of subsequent incompatible entries. In case of incompatible registrations, interested parties have to go to the court.
The reservation of priority is not applicable.
2. Are there any possibilities of that a document presented later may go ahead or prevail in priority rather than other documents or deeds presented earlier?
It is not possible that a document presented later may go ahead or prevail in priority rather than other documents or deeds presented earlier.
3. Let’s suppose a document presented firstly that consequently holds priority but is affected by defects or lack of legal requirements. How long would it keep priority against other document presented later?
According to the Italian registration system, as it doesn’t provide any reservation of priority, if the deed or the notation are affected by defects or lack of legal requirements that prevent from transcription, the registrar has to immediately refuse the application.