Are Land Registry and Cadastre different institutions?
In Italy Land Registry and Cadastre are the same institution named AGENZIA DEL TERRITORIO.
If the answer to the first question was negative because both institutions are not integrated, but they share information or have distributed their tasks:
a) What information is the responsibility of the Cadastre?
The Cadastre is responsible for the following information: the graphical definition of the plots; crops; buildings; cadastral revenue, used for tax assessment.
b) What information is contained in the Registry?
The Registry contains information about ownerships and mortgages and also other charges and easements.
c) Which organism is in charge of publishing the restrictions of public domain and restrictions for social interest, environmental or urban reasons?
The restrictions may result by a deed subject to transcription, and in this case they can be found in the L.R. Normally the organism in charge of publishing the restrictions of public domain and restrictions for social interest, environmental or urban reasons is the competent Municipality.
d) Is there any legal verification of the modifications made in the cadastral database? Must the Land Registry necessarily start from the description of the property and buildings held in the Cadastre?
The description of the land and buildings contained in the L.R is necessarily based on the cadastral one, that the parties are obliged to use in the deed.
e) Which is the qualification of the authority in charge of the Cadastre?: surveyor, geometer, etc
Normally the directors of the operational offices are engineers, but this isn’t compulsory.
f) Which is the qualification of the Land Registrar? Judge, civil servant, lawyer, conveyancer, etc
The Land registrar is necessarily a civil servant.
g) Is it possible the integrated online Registry information or should it be requested separately to both organisms?
At present there are two different data bases for Cadastre and Land registry, linked to each other for exchanging information. A project is in progress to carry out an integrated real estate register that will give complete integrated information ( so-called Anagrafe Immobiliare Integrata).
h) Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects can be requested.
It isn’t possible to get L.R. information containing a graphic report that identifies the property and explains the global legal situation and effects.
i) The Cadastre and Registry are responsible for the veracity of the information if is wrong.
The Cadastre and Registry aren’t responsible for the veracity of the information if it is wrong.
j) In case of different information, what are the legal effects in each case?
As far as the ownership and the other rights in rem are concerned, the L.R. information are prevailing because they are more updated due to the registration of deeds.
k) The effects of the Registry publicity regarding the properties and the charges are different to the restrictions of public domain.
The effects of the Registry publicity regarding the properties and the charges are different to the restrictions of public domain.
l) The neighbouring owners take part in the process of defining the property.
The neighbouring owners don’t take part in the process of defining the property, except when they are involved in a dispute concerning boundaries.