I want to sell but hey I don't own the property - said the vendor

ukitconsulatnt Image
02/01/2014 - 16:58

So I started the process of buying a lovely old mill in the Luino area on Lago di Maggiorie. Visited the proeprty with the estate agent at christmas. Went back to the UK decided we wanted to go for it. One main house with appartment ajoining. Going to buy both units and restore into the one house. Estate agent very nice and helpful all the way through. Met the vendor of both properties who lived next door.So contacted my Italian solicitor to start the process.Guess what, the vendor only has the title for one of the properties. He put up for sale the other property knowing that he didn't have legal rights to it (he had started usucapione only a couple of years ago). Also seems that the estate agent was also aware.Needless to say, I have pulled out of the process with only the solictor bill to pay. Hard lesson learned but can only thank the solicitor for his sterling work. I could have been lumped with the 3%+VAT estate agent bill.So now continuing looking for the dream - already had some backup properties but before I do the viewing trip, first question I will be asking the vendor (its a private sale) - 'are you the title holder and also is it free from encumbrances'. wish me luckSteve

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Hi Steve,I bought some land in 2006. A couple of years later a young chap came to ask 'why are you building a house on my land?'.It turns out  his uncle had bought the same piece of land from our vendor many years ago but had not registered the sale. His uncle died before it was registered. His nephew 'inherited' the land on turning 18 but by that time we had bought it legally.Unfortunately for him there was nothing the nephew could do about it because we had done everything legally through an estate agent and a notary. With regards to your situation I would not worry if you can speak to the owners of both properties and they both want to sell. Split properties are common in Italy. 

Hi, well I did not continue with that property. I have just come back from the same area and we are in the process of buying what seems to be a better property only 100metres from the previous one. They always say things happen for a reason.I was quite annoyed howerver that the estate agent is still advertising the property that the  vendor does not own. I took a picture of this at the weekend. Going to stick it on my dartboard for theropy.

What the vendor is doing is not illegal  - he can sell the property he has title to, and he can sell the property as long as his usucapione is transcribed.  Its also not that unusual.  However, the agent should have told you, and I would say he had an obligation to tell you.  If the usucapione has been transcribed then the notary is satisfied that the original owners cannot be traced, and the likelihood of them turning up is virtually zero.  In cases like this you take a bet, you can buy a property for much less than the market value, and end up with something fantastic - like buying at an auction.  However, do it with your eyes open - I would say there are grounds for a denuncia with the regard to the agent - especially if he was wiling to have you sign a compromesso without you knowing the full situation.