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Il Volo Immobiliare

Il Volo Immobiliare 

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Il Volo Immobiliare - Estate- Real Estate Agency
Registered office: Italy, Rome, Via di Monteverde 49c, 00151
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What has changed in the usucapion

2020-02-03 06:05

Centro Studi Il Volo

Normativa, Usucapione, mediazione,

What has changed in the usucapion

Usucapion is one of the ways of purchasing property, in addition to buying and selling and succession, for example. The fundamental difference is that

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Usucapionis one of the ways of purchasing property, in addition to buying and sellingand succession, for example. The fundamental difference is that the usucapioneis a way of purchasing the property "on an original basis", that is,without the necessary existence of a previous owner (seller or de cuius).Accordingto article 1158 of the Civil Code "The usucapione of real estate occursfor the continued and uncontested possession for 20 years" with the"animus" of the owner.Thequestion that often arises is "how does the transition from possession toownership of the property take place?". When can you definitively declarethat you are the owner of the property (generally a land or an easement)?Thevery fact of the course of the 20 years (so-called ordinary usucapione)automatically becomes the owner of the property, but in the case of real estateit is necessary to show the usucapione on the Public Registers: even when youbuy an apartment from the notary it is the registration in the Public registerswhich makes the purchase indisputable towards the rest of the world (ergaomnes, the Latins said).Oncetranscribed in the Public Registers, the usucapito property can circulatenormally, or be bought, sold, succeeded. A judge’s ruling declaring theusucapion has therefore been required.Until2013, a judge’s ruling was needed to declare the usucapion to intervene, butarriving at the judge’s ruling was extremely complex. A lawsuit had to beactivated and it could have taken two years before arriving at the sentencedeclaring the usucapion intervened. The sentence was transcribed and at thatpoint it had the value of a deed of purchase, thus giving usucapione for sure.Thepractice of filing the statement received by notaries and subsequentlytranscribed has in fact been condemned by the Court of Cassation over theyears.Currentlythe situation is different and much simpler.Infact, in 2013 a new paragraph was inserted in article 2643 of the Civil Code,paragraph 12 bis, according to which, instead of reaching the judge’s judgmentand sentence, it is possible to transcribe a mediation report that ascertainsthe usucapion.Withthis procedure, activated at a recognized mediation body and regularlyregistered in a register of the Ministry of Justice, an attempt is made toreach an agreement between the different parties that vie for ownership(generally the neighboring land), an agreement that with the transcription itwill sanction the successful usucaption. From the meeting between the partiesduring the mediation, in which an agreement is found, a report comes out whichmust be signed by the parties themselves, by lawyers and must be authenticatedby a notary. When the report is transcribed, it replaces the sentence or deedof sale. Result: times cut from 2 years to three months, however the mediationagreement up to € 50,000 of the value of the usucapito property is exempt fromregistration taxes.