It will be based on the rateable value of the house, not on the price paid. Use a notary, they are cheaper and more efficient. If that is the only thing in the succession it wont be that expensive.
Thats a sensible thing to do. Once the property is in the heirs (uncles) names, they will be responsible for the ongoing taxes ad charges which will make them sit up and take notice hopefully if they have to get their cheque books out three or four times a year. But of course it doesnt mean that they must pay - theycan just wait until the property is mortgaged by the comune to pay the back taxes.... However, if I were in your position Id do the same thing as your dad. Good luck. Im not an attorney, but i do all this sort of stuff as my job so have a fair bit of experience....
Your father can initiate it - he will need a list of all the heirs, a sort of family tree drawing, and ID for the heirs and for him. He will also need to pay the taxes of course. The easiest way to do it is go to a notary and get them to do for you.
Unfortunately insurance has nothing to do with it, unless all the apartments were insured - and that is not the case. It is between you and the owner of the terrace who is has the legal responsibility as she has use of your 'suolo' as her terrace, but the roof is legally yours. As with most things in Italy it takes alot of cajoling and threatening to get anything done. She may well refufe, but a judge would order her to pay so you need to threaten court action. If its a new roof which needs to be shared between all the owners then you share payement - assuming of course that the other owners want to pay - if not then you need to threaten court action. So its your only option - a formal legal letter from a lawyer telling the owner that she is at fault and if the work is not done by her, then it will be done by you and she will be billed.
Undedeclaration is now a thing of the past - the fines are huge and there is no benefit to buyer or seller from underdeclaring - it is likely that the price will be correct.
Run off the visura catastale, which will tell you the notary and when the last act was signed. Call the notary, ask for a copy of the atto, and there it is in black and white.
I presume that adverse possession is called usucapione in Italy - and there are very strict rules about its apllication. There are 2 types, that in good faith and that in bad faith - the difference is 10 years, ie - once a pretension to usucapione is transcribed it does not take effect for 10 years, (or 20 if made in bad faith). The right of usucapione is based on whether it can be opposed. If I have a ruin next to my house and cant find the owners I can claim the property in usucapione. If within the next ten years nobody arrives on my doorstep and tells me that they are the legal owner of the property, it becomes mine. On the basis of your question, all the owners should be informed, otherwise it will only take one to send it all haywire. It also has a cost - as the usucapione must be transcribed by a notaio to start the calendar ticking. If all the heirs give their consent its a pretty straightforward way of doing things, but not instant. And of course if the resultant owner decides to sell they will have to sell on the usucapione with a significant reduction in price, as the new owner takes on the risk .
1. Agricutlural land can have dwellings in most of Italy - and for a farmer they're much easier to build than for a mere mortal. Also in most parts of Italy 1 hectare is the minimum building lot size. 2. As a farmer he has a right to an agricutlural contract which runs for 9 or 11 years adn is renewable. Your only way to keep some control over the property is to let on an annual lease whci hruns from seeding to harvest. 3 In this latter case, you can also stipulate what is grown and what the land is used for - ie no animals only cereal crops etc. But dont expect to get huge rents - it will be to all effects free, but the farmer will have to keep it clean and not present a fire risk.
OK, this is a different problem. When you build a house you submit a plan which the comune agrees. If you then build something different to that allowed, you have to sort it out. You have a house that is in 'difformità' and probably it can be sorted, by paying fines, sanctions and doing alot of paperwork to make it 'conforme'. However, this depends on your comune - in some cases they can tell you to make the house that which you had permission for in the first place. Whether it is your problem or the builders/constructors depends when the house was built, but yes its a long and expensive process.
Comments posted
It will be based on the rateable value of the house, not on the price paid. Use a notary, they are cheaper and more efficient. If that is the only thing in the succession it wont be that expensive.
Thats a sensible thing to do. Once the property is in the heirs (uncles) names, they will be responsible for the ongoing taxes ad charges which will make them sit up and take notice hopefully if they have to get their cheque books out three or four times a year. But of course it doesnt mean that they must pay - theycan just wait until the property is mortgaged by the comune to pay the back taxes.... However, if I were in your position Id do the same thing as your dad. Good luck. Im not an attorney, but i do all this sort of stuff as my job so have a fair bit of experience....
Your father can initiate it - he will need a list of all the heirs, a sort of family tree drawing, and ID for the heirs and for him. He will also need to pay the taxes of course. The easiest way to do it is go to a notary and get them to do for you.
Unfortunately insurance has nothing to do with it, unless all the apartments were insured - and that is not the case. It is between you and the owner of the terrace who is has the legal responsibility as she has use of your 'suolo' as her terrace, but the roof is legally yours. As with most things in Italy it takes alot of cajoling and threatening to get anything done. She may well refufe, but a judge would order her to pay so you need to threaten court action. If its a new roof which needs to be shared between all the owners then you share payement - assuming of course that the other owners want to pay - if not then you need to threaten court action. So its your only option - a formal legal letter from a lawyer telling the owner that she is at fault and if the work is not done by her, then it will be done by you and she will be billed.
Hi, what sort of volunteer and what sort of work? Thx
Undedeclaration is now a thing of the past - the fines are huge and there is no benefit to buyer or seller from underdeclaring - it is likely that the price will be correct.
Run off the visura catastale, which will tell you the notary and when the last act was signed. Call the notary, ask for a copy of the atto, and there it is in black and white.
I presume that adverse possession is called usucapione in Italy - and there are very strict rules about its apllication. There are 2 types, that in good faith and that in bad faith - the difference is 10 years, ie - once a pretension to usucapione is transcribed it does not take effect for 10 years, (or 20 if made in bad faith). The right of usucapione is based on whether it can be opposed. If I have a ruin next to my house and cant find the owners I can claim the property in usucapione. If within the next ten years nobody arrives on my doorstep and tells me that they are the legal owner of the property, it becomes mine. On the basis of your question, all the owners should be informed, otherwise it will only take one to send it all haywire. It also has a cost - as the usucapione must be transcribed by a notaio to start the calendar ticking. If all the heirs give their consent its a pretty straightforward way of doing things, but not instant. And of course if the resultant owner decides to sell they will have to sell on the usucapione with a significant reduction in price, as the new owner takes on the risk .
1. Agricutlural land can have dwellings in most of Italy - and for a farmer they're much easier to build than for a mere mortal. Also in most parts of Italy 1 hectare is the minimum building lot size. 2. As a farmer he has a right to an agricutlural contract which runs for 9 or 11 years adn is renewable. Your only way to keep some control over the property is to let on an annual lease whci hruns from seeding to harvest. 3 In this latter case, you can also stipulate what is grown and what the land is used for - ie no animals only cereal crops etc. But dont expect to get huge rents - it will be to all effects free, but the farmer will have to keep it clean and not present a fire risk.
OK, this is a different problem. When you build a house you submit a plan which the comune agrees. If you then build something different to that allowed, you have to sort it out. You have a house that is in 'difformità' and probably it can be sorted, by paying fines, sanctions and doing alot of paperwork to make it 'conforme'. However, this depends on your comune - in some cases they can tell you to make the house that which you had permission for in the first place. Whether it is your problem or the builders/constructors depends when the house was built, but yes its a long and expensive process.