Relationship between LR and Cadastral

Are Land Registry and Cadastre different institutions?

Yes, they are different institutions but with a closed interaction and cooperation.


In the case of affirmative answer:

a) What is the role and effects of the Cadastre?

  • Maintains and updates the register (buildings and land)
  • Carries out checks and inspections
  • Liaises with the IT department to define appropriate computer programs
  • Regularly updates property assessable values and calculates new geodetic datums
  • Maintains and manages the land and building register
  • Records deeds, mortgages, and all other instruments affecting interests in land
  • Updates land maps, approves subdivision of existing properties, and carries out verification in situ
  • Carries out checks pertaining to changes and calculates the estimated income of the properties and land classification
  • Assists those who need to examine and consults deeds, including preparation of documentation relating to property changes
  • Cooperates with other public bodies when reviewing land and property value assessments
  • Issues certificates based on land registry records, and legal copies of all documents kept in the archives

b) What is the role and effects of the Registry?

c) How are the plots described in the titles registered?

Literally but complemented by a plan

d) Is there any coordination or collaboration procedure between the Cadastre and the Land Registry?

Yes, because changes on maps are notified to Land Registry through the so called Foglio di notifica.

e) Does the Registry give information about the limitations or restrictions in the public domain or based on reasons of social or environmental interest?

In the past there weren’t restrictions based on public interests. Recently National Law 26.04.2012 nr 44 has modified the Civil Code introducing the new art. 2645 quarter which provides the possibility to register limitations regarding public interests.

f) Are the urban restrictions recorded in the Registry?

g) Can online Land Registry information be obtained through a centralized system or a redirected access to the relevant Registry?

Yes, already explained in the second fact sheet.

h) Can Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects be requested?

Yes, already explained in the second fact sheet.

i) What other kind of information can provide your Land Registry System?

Yes, already explained in the second fact sheet.

j) Does the Registrar scrutinies the formal and substantive legality of the documents to be registered?

Yes.

k) Does the registrar scrutinies , in addition, the total or partial non-coincidence of the graphical bases with others previously registered?

Yes.

l) Is it necessary a public deed or private documents are also registered?

m) Are electronic documents also admitted?

In general not, but plans yes.

n) Is the Registry responsible for the veracity of the information if is wrong?

Yes, however responsibility is not as complete as in other systems.

o) Are the effects of Registry publicity regarding the property and the charges different to the restrictions of public domain?

Yes, the first ones exist only if registered, whereas the other ones do produce effects even if not registered.

p) Do the neighbouring owners take part in the process of defining the property?

No, it is only possible if they have taken part to an action of defining property in front of a court.