Land registry based on the real folio principle.
Some land registration systems consider any immovable asset, regardless its nature or situation, a subject matter of registration. Others restrict the concept only to those specified by law, or even create legal fiction of immovable assets with regard to the registration in the land registry.
1. Is there any specific provision in your law that regulates what can create a new land registry file (a new folio)? Could you please state that provision? What is the basic unit in the land registry? What can open a folio? Only Immovable assets by nature, or also immovable assets by legal fiction (by disposition of law)?
Also immovable assets by disposition of law can be registered, but they have to be accurately described in a plan (“Planimetria”) and comply to the provisions of the royal decree 28.3.1929 n. 499
2. Could an immovable asset, being part of a bigger immovable asset already registered, be separated in the land registry by opening a new file (a new folio)?
Yes, but either a “tipo di frazionamento” approved by the cadaster (if the parcel involved is a piece of land) or a “piano di casa materialmente divisa” (if the parcel involved is a building) are necessar
– How are these situations organized: is there any link or connection between different real folios?
• A piece of land which had been segmented from a bigger one
• A house built on a registered plot or parcel.
• An apartment in the previous registered house, following a condominium situation: in this case new sections “B” and “C” for each apartment are opened
– Please provide more cases according to your system.
Easements (right to pass) are registered in each real folio concerned
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
• The nature of the asset
• The object of the contracts
4. Identification of the LR entity: Is each land registry entity identified by a single identification number? Is it created, maintained and written off by the Land registry organization
– Is it created, maintained and written off by the Land registry organization?
– Is it a unique nationwide number?
5. If a Land Register identification number is applicable to your situation: could you please describe the way this LR ID number is structured. Could you please share a (specimen) identification number?
“P.F.” + a number for plots
“P.ED.” + a number for buildings (+ “P.M.” number for apartments)
– Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):
ID number and county (“comune catastale”)