Ancient Roman Law recognised that a relationship exists between a person and a thing, they called “res”. Possession, i.e. the physical control of the man over the “res” , was so meaningful that it even assumed more importance than proprietary rights.
Classic Roman jurists developed the concept of private property. Ownership could be either entire, or limited by other kind of rights, such as the rights of predial servitude and usufruct.
The legal systems of the Civil law tradition, among which lies the Italian one, are based on a doctrine that lasted thousands of years and that provided concepts which are acknowledged and used also in the international law.
When it comes to protecting “diritto di proprietà” (property right), “diritti reali minori” (rights in rem), and possession in all of its forms, legal assistance is essential, both inside and outside the Court.
In Court, adverse possession, delimitation of boundaries, recovery of land are some direct legal actions the lawyer can undertake to defend property rights.
Outside the Court, dealing with real estates usually involves contracts.
Buying, selling or renting properties require the proper written agreement, on the purpose of their validity and effect.
Within the Italian territory, multiple ways of recording and transferring ownership and other property rights apply, because of our history.
Beside "Conservatorie dei Registri Immobiliari" (the most widespread Land Registry in the country), the so called "Sistema catastale tavolare" is a peculiar land registry system which survived the First World War in the areas formerly belonging to the Austro-Hungarian Empire. It was last regulated by R.D. (Royal Decree) of 28 March 1929, n. 499.
The logs on Tavolare books (called “iscrizioni” and “trascrizioni”) are not just a mere trace of a property title. When conveyancing, “trascrizioni” based on a valid contract, form the property title themselves.
When making a reservation offer for a real estate, drafting a preliminary sale contract, signing a lease contract, keep in mind the rules of the legal system You are dealing with.