1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?
If yes, can you please explain in what they consist of?
2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?
Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?
3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?
4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?
Such an event occurs rarely. For this reason, no precaution is given. However, when it happens, we have to distinguish different events:
- if nobody relied on the mistake, Land Register can generally solve the problem independently;
- if someone relied on L.R. “wrong” real folio:
a) and all the parties agree about the amendment, a special procedure, set by art. 104 of Legge Tavolare (= Land Register Act) – when the error involves only the Land Register – or by art. 1-bis of L.R. 3/1985 – when also Cadastre is involved -, can solve the problem intra-system; in any case, the Judge has to call the people concerned by the mistake;
b) if someone disagrees, a judicial intervention is required.