The land register and the day the home becomes yours
In the province of Bolzano ownership does not pass on signing before the notary but on entry in the land register. We set out what that means for the buyer and which checks precede the deed.
Ownership passes on registration
In the rest of Italy ownership passes by agreement: from the moment of signature before the notary the property belongs to the buyer, and the transcription that follows makes it effective against third parties. In the province of Bolzano entry in the land register — *intavolazione* — is constitutive: until the land registry decree is executed the seller is still the owner.
Between signature and acquisition of ownership there is therefore an interval measured in weeks, during which the property is still registered to the seller. The notary manages the passage; for a buyer it is worth knowing about, because the precautions described below follow from it.
The three sections of the extract
The extract has three parts. Section A describes the property and what it consists of; section B names the owners and their shares; section C records what burdens the property: mortgages, easements, usufructs, rights of residence and the residents' restriction.
For a buyer, section C is the part that bears most on the negotiation. A mortgage is not in itself an obstacle — it is discharged out of the price and removed at the same time, which is routine — but it should be identified early, because its removal has to be organised.
The priority notice
The land registry system has an instrument of its own, the priority notice (*Vormerkung*), which reserves rank for an entry not yet completed. It is used where a document or a condition is missing and the position in the order of applications needs preserving.
It is not something the buyer arranges: the notary judges it case by case. Knowing that it exists is still useful, because it is the answer to the interval between signature and registration.
How to obtain the extract
The land register is public. The extract is obtained from the provincial land registry offices and can also be consulted through the provincial land register and cadastre portal. You do not have to be the owner: the identifying details of the property are enough.
The information on which a property can be judged is therefore accessible, inexpensive and quick to arrive. Where we handle the property we make it available with the listing; either way you can request it yourself.
In short
- Remember that ownership is acquired on registration
- Ask for an up-to-date land register extract before the offer
- Read section C line by line
- Have the notary organise the removal of any mortgage
- Ask the notary how the interval up to registration is covered
- Keep the land registry decree, which evidences the transfer
Frequently asked questions
How long is it between the deed and registration?
It depends on the land registry office concerned and on how complete the application is, and it is measured in weeks rather than days. A buyer cannot shorten it but should know about it: ask the notary for an estimate at signature and for confirmation once the decree has been executed.
The property has a mortgage: is that a problem?
In most cases it is the seller's own loan, discharged out of the price and removed at the same time as the deed: an ordinary procedure handled by the notary. The points to check are different ones: when the mortgage comes to light, and how the outstanding debt compares with the agreed price.
Can I look at the land register myself?
Yes. It is public and can be consulted through the provincial portal, and several municipalities help at the counter. Consulting it yourself does not replace the notary, but it allows you to form a view before committing and to put the right questions to the seller.
Official sources
Note
This guide is general information written by an estate agency. It does not replace advice from a notary, an accountant or the surveyor handling the property. The rules cited are those in force at the date of publication.
Read next
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