Land register - VON POLL REAL ESTATE

Anyone who takes a closer look at a land register extract learns many interesting things about the property. And in this context, what is recorded in the land register is considered to be correct. Therefore, it is crucial for buyers to carefully examine the land register extract before making a purchase to understand what easements are associated with the property and to avoid unpleasant surprises later.

What is the land register, actually?

The land register is an institution originating from Austrian law and is present in the Trentino-Alto Adige region and certain other areas of Italy. It is a publicly maintained register with the purpose of making ownership conditions of properties generally visible. For each cadastral community, a bilingual register is established, written in Italian and German, listing all properties and recording all real rights and encumbrances. Also, any changes in facts relating to properties are entered in the land register.

Structure of the land register

The land register consists of the main book (formed from individual land register entries) and the collection of deeds.

Main book: The main book, divided into two sections, is created for each cadastral community and constitutes the most important part of the land register. Section 'I' in Roman numerals only lists properties that form closed courtyards and, therefore, are subject to the provisions of courtyard laws. In section 'II' of the main book, the remaining properties that are not subject to administrative restrictions are listed. These are the so-called 'rolling' properties, which are freely available.

Each land register entry consists of three sheets identified by the letters A, B, and C:

Sheet A - Property Overview:

This document provides information about the plot, the nature, the material share, and any communal property (condominium). Furthermore, active servitudes benefiting the property are listed.

Sheet B - Owner Details and Transfer Method:

This document contains information about the owner's data and how the property was transferred, whether through purchase, donation, inheritance, or similar procedures.

Sheet C - Property Encumbrances:

The sheet includes information about mortgages, agreements, social obligations, monument protection, and passive servitudes that affect the property, whether in its favor or in favor of another property.

Changes in the land register

Changes in the land register can only be made by decree of the land register judge after strict scrutiny of the legality and effectiveness of the legal title and its conformity with the state of the land register, based on authenticated wills, court judgments, or notarial or notarially authenticated deeds.

Land Register: Task of the Notary

Once the notarial contract is signed, the buyer does not immediately become the owner of the property. The notary must initiate the change in the land register by filing a land register request with the relevant land register office. Simultaneously, any mortgages from the previous owner can be discharged, and a new mortgage can be registered, as in most cases, the buyer must finance the property through a bank loan.

For many, the subject of the land register may sound complex and bureaucratic. However, experience shows that ownership conditions are clearly regulated and always traceable through the land register.

If you have further questions, we are at your disposal. Feel free to contact us!