Proprietorship (Section B)

  1. Proprietorship or class of title

    Main right / Primary real right : OWNERSHIP
    Local nomen iuris: Proprietà, piena proprietà
    Definition: The proprietor has the right to fully and exclusively enjoy and dispose of things, within the limits and in compliance with the obligations provided by law . (Article 832 Italian Civil Cod

    Main right / Primary real right : BARE OWNERSHIP
    Local nomen iuris: Nuda proprietà
    Definition: Bare ownership is the ownership burdened by a usufruct

    Main right / Primary real right : SUPERFICIES
    Local nomen iuris: Superficie
    Definition: The right to make or to keep a building above or under another person’s soil

    Main right / Primary real right : CO-OWNERSHIP
    Local nomen iuris: Comproprietà, comunione
    Definition: There is co-ownership where ownership of a thing or right belongs pro indiviso to several persons (Article 1100 Italian Civil Code)

    Main right / Primary real right : PUBLIC DOMAIN
    Local nomen iuris: Demanio pubblico
    Definition: The following properties belong to the State and are part of the public domain:  The shore, the beach, the harbours, the ports, the rivers, the torrents, the lakes and the other waters defined public by specific laws; the works destined for national defence.

    Equally,  belong to the public domain, when owned by the State, the streets, the motorways, the railways,  the aerodromes, the aqueducts, the real states having an archaeological historical and artistic interest, according to the specific laws in this field; the museums, picture galleries, archives, libraries  collections; and finally the other things subject to the regulations of the public domain. (Art. 822 Italian Civil Code)

    Main right / Primary real right : POSSESSION
    Local nomen iuris: Possesso
    Definition: Possession is the power over a thing that manifest itself in an activity correspondent to the exert of the ownership or other real right.  It can be registered only if a judicial decision declares the usucapio in favour of the person who owned the property for the due time (normally 20 years), without violence or in hiding.

    Main right / Primary real right : TIMESHARE
    Local nomen iuris: Proprietà turnaria, multiproprietà
    Definition: It is understood a contract for timeshare goods that tourist use of higher than one year under which a consumer acquires for consideration the right to use one or more overnight accommodation for more than one period of occupation

  2. Information on owners

    2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

    –          Name of the owner (first name, surname) in the way governed by national legislation.
    –          Other identification numbers (passport, driving license, public health system number).
    –          Person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods.
    –          Civil Status.
    –          Date of birth.

    However, normally there should not to be expected that information includes neither ID of the owner, nor the person to whom the owner is married in any case, nor address, nor owner’s e-mail or telephone.

    2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

    1. Name of the company
    2. ID of the company
    3. Business address

    And it will not include other data such as registered office, date and place of registration, registration number, telephone or e-mail.

  3. Entitlement

    Information of the Italian -agenzia- land register system usually includes references to the:

    1. Entitlement or substantial entitlement, act or contract which is basis of the acquisition for the proprietor.
    2. Formal entitlement, deed of acquisition of the owner.

  4. Restrictions

    Information of the Italian -agenzia- land register system doesn’t include the existence of restrictions about the insolvence of the owner, right of disposal or any other type of restriction.

    With respect to the information on conditions antecedent or subsequent will be included in a different section, concerning the deed and the obligations therein.

    About foreign trusts, or fiducia sucessoria, it will be registered who the trustee and beneficiary are.

  5. Price

    LR information always includes the price of acquisition.