Proprietorship (Section B)

  1. Proprietorship or class of title

    Main right / Primary real right : OWNERSHIP
    Local nomen iuris: Proprietà
    Definition: The OWNER has the right to benefit and to use things in a full and sole way, within the limits and observing the duties established by the law.
    (Article 832 Italian Civil Code)

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

    Main right / Primary real right : TIMESHARE
    Local nomen iuris: Multiproprietà
    Definition: There is timeshare when someone has the co-ownership of a right, but he can use the thing in a full and sole way for a certain period of year (i.e. a week) (d.lgs 9-11-1998 n. 427, dir 94/47/CE)

    Main right / Primary real right : COMMUNITY WITH SHARES
    Local nomen iuris: Comproprietà

    Main right / Primary real right : COMMUNITY WITHOUT SHARES
    Local nomen iuris: Consortalità

    Definition: In both cases, ownership of the good belongs to pro tempore proprietors of other immovable goods.
    Only in the second case (consortalità) there is a common ownership with non-divisible shares, as it happened in “communio iuris germanici”.

    Main right / Primary real right : SUPERFICIES
    Local nomen iuris: Superficie
    Definition: The owner can constitute the right to build and keep over (or under) the soil a building in favour to another person, who becomes the owner of the building.
    The owner can also transfer an existing building, keeping for himself the property of the soil.
    Italian Civil Code (artt. 952-956)
    In both cases a new folio is open and ownership of the building is registered in section B.
    Please note that sometimes in section B you could find the following registration: Bene Pubblico

    This depends from the fact that when L.R. has been created, the immovable goods which belonged to a public institution were put altogether in a real folio, without any verification about who was the owner.

  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.
    –     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 civil status, 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. Registration number
    3. Business address

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

  3. Entitlement

    Information of the Italian -lib fo- 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 -lib fo- land register system usually includes the existence of restrictions on the person of the owner stemming from insolvency or affecting the authority of disposal when they have been registered, equity fund, pending litigation on the inheritance and certificate of inheritance overruling.

    With respect to the information on conditions antecedent or subsequent will be included in section B and C.   About foreign trusts, or fiducia sucessoria, it will be registered only the trustee.

  5. Price

    LR information does not include the price of acquisition of the property ever.