The land register: what changes when you sell here
It is the most significant difference between selling in the province of Bolzano and selling in the rest of Italy, and it is worth knowing before you sign anything.
What the land register is
It is the public register of property in force in Trentino-South Tyrol and part of Friuli, inherited from the Austrian legal order after 1918. It does not replace the cadastre: the cadastre describes the property and serves the tax authorities, while the land register establishes who owns it and what burdens it, and it is conclusive.
It is kept by the land registry offices at the courts. Every property has its own land register folio, and every folio is divided into three sections.
The three sections: A, B and C
Section A, the substance: which parcels make up the property, how they are classified, what rights attach to them. Section B, ownership: who holds it and in what shares, with any limits on the power to dispose. Section C, the burdens: mortgages, usufructs, rights of use and residence, easements, restrictions.
For a seller, section C is the one to read first. It is where you find a mortgage not yet removed, a right of residence in favour of a family member, a right of way to the neighbouring land and, where there is one, the residents' restriction.
Registration is constitutive
In the rest of Italy ownership passes by agreement, and transcription makes it effective against third parties. Here, for transactions between living persons, entry in the land register is constitutive of the right, even as between the contracting parties: until the sale is registered, the seller remains the registered owner.
The transaction therefore does not close with the signature before the notary but with the decree of the land registry judge ordering registration. It is a step with timescales of its own, to be borne in mind when fixing dates for moving out and for payment.
What a seller does
Three things, all before publication. Ask for the extract and read it line by line, including the sections that look empty. Check that the registered owner matches the person selling: with inherited property that is sometimes not the case. Start the removal of entries that no longer have a basis in good time, since that is the step most often late for the deed.
In short
- The cadastre describes; the land register establishes who owns
- Section A: the substance · B: ownership · C: the burdens
- Ownership passes on registration, not on signature
- Read the extract before publishing, not on the eve of the deed
- Removals from the register have their own timescales: start early
Frequently asked questions
How do you request a land register extract?
From the Province's land registry offices, in person or through the provincial online services; several municipalities and district communities issue it free of charge to the owner. You need the folio reference or the address of the property.
How long is it between the deed and registration?
It depends on the office and on the time of year: the notary lodges the application after the deed and the land registry judge issues the decree. The step is neither automatic nor immediate, which is why the calendar of a sale here is built partly around the office's timescales.
Does the land register cover lettings too?
An ordinary tenancy is not registered, whereas certain rights that limit the use of a property — usufruct, right of residence, leases of more than nine years — are, and they appear in section C. A buyer sees them, so a seller should know about them.
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
The documents you need to sell in the province of Bolzano
The list here is longer than in the rest of Italy, because the land register sits alongside the cadastre. We set out what is needed, who issues it and the order in which it is best obtained.
The residents' restriction: what it means for a seller
Two identical flats in the same building can be worth different sums depending on the restriction attached to them. We set out how to recognise it and what it means for a sale.
From preliminary contract to deed: closing a sale in South Tyrol
Between the handshake and the change of ownership there are four documents and several weeks. Here is what they are and what to watch in each.
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