A graphic example of a piece of information: Example
Each land parcel is identified on a map and the rights associated with it are recorded on the Main Book along with the name of the owner.
When the whole parcel is transferred, only the name of the owner is changed; when part of the land is transferred, the plans must be amended.
The Land Register consists of:
1. The Main Register (Libro Maestro), divided in three sections:
a) Contains the description of the property
b) Contains the name of the owner and describes how the parcel was acquired
c) Contains the encumbrances of the property
2. The collection of documents.
The collection of documents consists of all the documents used as a basis for the the registration of landed property.
The new electronic data base that was fully introduced in 2008 is integrated with the cadastral data and replaces the traditional books.
Art. 8 of the LR Law provides three types of inscriptions:
• Registration intavolazione, which has the effect of acquiring, modifying or extinguishing a right.
• Booking prenotazione, which has the effect of registration, if subsequently justified (e.g. when the title consists of a judgment still subject to appeal).
• Annotation annotazione, which describes legal acts or facts (e.g. incapacity related to minor age or bankruptcy, protection of artistic heritage, etc.).
– Localization or address of the plot or building in condominium.
– Surface in square meters. Yes (data provided by Cadastre)
– Boundaries : No
– Land use. Yes (data provided by Cadastre)
– (Optionally) rest of physical features which are registered and in force. No
– Registry data. No
– Is there graphic information associated to the LR information like a map? No
2. Condominium or not. No
3. Cadastral identification. Yes (data provided by Cadastre)
4. Degree of legal protection of the physical data.
5. Is the information of this section integrated in/ provided by/ identical to/ coordinated with the Cadastre information? Describe the relationship between both information systems (Cadastre and LR)
Yes. In each real folio data as surface and land use are provided by Cadastre. LR data about property are used in Cadastre database.
Owner: Name/share/ title, if applicable: Yes
1. The matrimonial regime which involves this property. Yes
2. Trustee or mortgagee in case of fiduciary mortgage. Yes
3. Acquisition title. Date of acquisition. Yes
C) MORTGAGES AND BURDENS
– Mortgage: basis of the obligation ensured; amount of mortgage with distinction of guaranteed sums, Yes deadline No
– Easement: nature or basis of the right and particular properties affected by this servitude: Yes
– Usus or usus fructus: name of the holder/ deadline if applicable: Yes
– Annotations caused by Judicial Measures:
1. Attachment: Judge or Court that handed down the writ: Not in the real folio (only on the decree of the Judge)/ Sum object of responsibility: Yes/ Name of the plaintiff: Yes / Deadline if applicable: No
2. Dispute: Judge or Court that handed down the writ: Not in the real folio (only on the decree of the Judge) / Name of the plaintiff: Yes/ Basis of the plaintiff claim: Yes / Deadline if applicable: No
3. Prohibition of disposal: Judge or Court that handed down the injunction: Not in the real folio (only on the decree of the Judge)/ Forbidden acts if they are particularly pointed: No/ Deadline if applicable: No