The Land Register system
The Land Register system, also known as the
‘Land Register’, is a system for the public registration of property. It serves
to make legal information relating to property public and verifiable.
In other words, it allows one to ascertain who
the owner of a plot of land or a building is, and whether there are any rights,
restrictions or encumbrances on that property, such as mortgages, easements,
usufructs or attachments.
It should not be confused with the Land
Registry. The Land Registry primarily describes the property from a technical
and tax perspective, for example, its area, assessed value, cadastral category
or parcel number. The Land Register, on the other hand, mainly indicates the
legal status of the property.
Where it applies
The title-based system is in force mainly in
territories that historically belonged to the Austro-Hungarian legal system,
including the provinces of Bolzano, Trento, Trieste and Gorizia, as well as
certain municipalities in other provinces.
In the rest of Italy, the ordinary system of
land registers applies, based on the registration of deeds.
The difference compared to the traditional Italian system
The main difference concerns the point at which
a right becomes fully effective.
In the ordinary Italian system, as a general
rule, ownership passes by virtue of the parties’ consent expressed in the
contract, for example in a notarial deed. Registration in the land registers
serves primarily to make the deed enforceable against third parties, that is,
to ensure it is valid even in relation to other people. If something is not
registered in the land registers, this does not therefore automatically mean
that it does not exist.
In the land register system, however, entry in
the Land Register plays a more significant role. In the case of real property
rights, what is legally relevant vis-à-vis third parties – and, for inter vivos
transactions, also for the purposes of acquiring the right – is what is
recorded in the Land Register. A contract is not sufficient to acquire a right,
because it is only upon entry in the Land Register that the right itself comes
into being.
How it works
The Land Register is organised by property, not
just by person. It consists of a master register, which forms the main part,
and the so-called ‘collection of documents’, that is, the compilation of deeds
on which the registered right is based and from which it originates.
Each property or group of properties is linked
to a land register entry.
The land register entry normally contains three
sections:
-
Sheet A (consistency sheet): containing a description of the property and its
physical components, the land and building parcels, subdivisions, changes in
area, separations of parcels and mergers. Rights ‘in favour of’ others, such as
easements and real burdens, are also recorded on Sheet A.
-
Sheet B (the ownership sheet): indicating the owner and any restrictions relating to
their person (e.g. legal incapacity).
-
Sheet C (the encumbrances sheet): listing any encumbrances, restrictions and
third-party rights, such as mortgages, usufructs or easements.
Changes are recorded on the basis of a valid
title, such as a notarial deed, a court judgement or another measure provided
for by law.
The Land Register also includes:
- Site plan
- Land Register journal
- Real Property Register, indicating the extent and the Land Register entry number of the land and building parcels
- Owners’ register
- Creditors’ register
- File (digital folder for each individual planning or legal case)
What can be seen
Through a land registry search, it is possible
to verify, for example:
- who is listed as the owner of the property
- under what title it was acquired
- whether there are any mortgages or attachments
- whether there are any easements, usufructs or other rights in rem
- whether the property is divided into physical shares
- any relevant restrictions or annotations
- historical or current details at a given point in time
Why it is useful
The land registry system provides a clear and organized
overview of the legal status of the property. It is particularly useful for
verifying ownership of a property before purchasing it or granting a loan.