Another essential aspect to be checked with great care before buying an Italian property is "liens compliance".
Article 2673 of the Italian Civil Code establishes that the title, meaning the ownership of a real property, is "evidential" only in the transcriptions made in the public Real Estate Registers, kept and updated by the responsible Real Estate Registrars' Offices. This means that what is transcribed in the Real Estate Registers is evidential for legal purposes.
For example, the ownership of each property must be transcribed by the person, whether physical or legal, who owns it.
Not only that, the transcriptions in the Real Estate Registers also assume a "communications" function, since in addition to the title of ownership it is obligatory to formally record all liens and encumbrances on each property, such as statutory liens (for example imposed by the State Revenue Service, to guarantee a tax debt), judicial liens (imposed by a judge, for example, pursuant to a court injunction, or to secure debts imposed by sentences), and also all voluntary liens and encumbrances, for example those arising from mortgages and other loans taken out by the Seller.
Through the appropriate checks in the public Real Estate Registers, it is therefore possible to identify all the burdens that have ever borne on the property at object of the sale, and to verify the chronology of all the subsequent events, in order to have a clear and certain view of each aspect of this area.