Hi EveryoneThanks so much for your help

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09/20/2019 - 04:01

Hi EveryoneThanks so much for your help so far, with my property purchase in Tuscany. I have signed a compromesso and I am now at the stage where we are almost ready to sign the final agreement. I wanted to ask if anyone knows whether it is normal for the plan drawings of the property to have the exact measurements of each room? The agency have sent me a copy of the drawing that the notary (who is their notary) will use in the final agreement. I asked for this to be done because I noted some changes had been made to the structure - new doorways added etc. The drawing seems accurate in terms of the layout, but my geometra has said it should have precise measurements.Another issue is that there is a deed relating to the property, which grants permanent access, via the neighbour's land to the rear of the property. This access is described as being 3 metres wide. However, it is not indicated on the drawing and my gemoetra says it should be indicated in colour.I actually brought up these 2 issues before signing the compromesso but the agents said at the time that there was enough information for them to proceed. I queried it because, when I went to Italy to sign the compromesso, the agents told me that the owners (who were in the office and seemed nice but don't speak English) had a phone call from the neighbour who is obliged to let me have access to the house via their land. The neighbour apparently wanted to change this, and the agents would not let me sign the compromesso until they had resolved the issue - obviously in case this became a full-blown dispute that I was then entered into. I had to return to the UK without signing. However, the agents contacted me a few days later saying the issue was resolved and that their notary had assured them and the neighbour that this deed could never be change. Nevertheless, the access referred to in the deed is not indicated on the drawing / plan - so although in reality there are double gates (always open) and a track into my back garden, and a space where I can put gates if I want to, on the drawing this route is not indicated.My geometra has also said that the neighbours at the back appear to have built 3 garages and, on the drawing, only a very small building is indicated - more like an outhouse. He says he is concerned that these buildings may not have had thorough planning approval and that the agents should also check this for me.Any advice on this please, before I proceed? The agents have been very lazy as far as I can tell - they seem to be doing enough just to cover themselves and a minimum to help me.I was thinking it may be best to involve a bi-lingual lawyer to resovle these final issues? Should that be necessary or is it the agents / owner's responsibility to sort these issues out?



The best thing would be to hire someone who can help you, and if you want, we can help you with this (we are Italian real estate agents and our agency is based in London and Italy).
To briefly answer the questions:
1) the design must be the same as the house, otherwise changes must be made to the design, because no changes can be made to the house, and the same must be sold in good standing;
2) the access does not have to be colored, its purchase deed guarantees to you, and therefore to the buyers forever (unless you sign something otherwise) access through the land of the neighbors;
3) what the neighbors do is their problem, unless they built it in their land.
Please contact us at our email info@wgsrealestate.com and we will contact you as soon as possible, we will certainly be happy to help you.

I dont think your agent is being lazy at all.  I suspect your geometra is being pedantic to give you a hugely inflated bill. 1.  The catastal plan ie the one registered at the Land Registry is the one you will have to sign in front of the notary.  That must be accurate - doors,windows etc all in the right place.  Room sizes do not need to be drawn on this as the plan is to scale. Room heights often are on it. 2. If the access is granted in the act of sale and has been used in the last 20 years it cannot be denied.  Your neighbours have togive you access-  Ifthey want to vary the current access arrangement then it mustbewith your agreement.  It would be good to have it drawn on a map, but the colour is immaterial.3. What your neighbours do is no concern of yours or your geometra, unless it impinges onyour property and your right to light etc.