Visura ipotecaria: everything you need to know and the assistance from Great Estate


Visura ipotecaria: everything you need to know and the assistance from Great Estate

Great Estate Network , Great Estate World , Laws&Regulations Oct 09, 2020 2 Comments
Have you decided to purchase a beautiful property in the countryside or sell your villa by the sea? Do you want to be sure that the sale goes through?
Then it is essential for you to have a visura ipotecaria (Property Title Search). How can you do this? Don’t worry… Great Estate will take care of it!

Our legal system stipulates that all acts performed on the real estate have also be brought to the attention of third parties so that they can respect the effectiveness of the agreement concluded between the parties. Among these acts, there are also real estate sales.

First of all, it is essential for me to tell you about the Land and Building Registry (Conservatoria Dei Registri Immobiliari) or Real Estate Office (Ufficio Di Pubblicità Immobiliare):

This is an office, reporting directly to the Italian Agenzia Delle Entrate, where all the deeds and records relating to real estate in a given territory are kept.

Unlike the Catasto, the Conservatoria has an evidentiary function: the deeds and documents issued by this office provide certain proof of ownership of a given property.

All legal transactions carried out on real estate are transcribed at the Conservatoria and it is here that the land and mortgage registers are kept.
Its function is to make public, i.e. knowable to third parties, deeds relating to real estate such as land and houses.

A property title search view can be obtained through the Conservatoria.

What is a visura ipotecaria?

The term ‘visura ipotecaria‘ refers to the controls carried out at the Conservatoria in order to inspect the deeds held there.

These checks are of crucial importance when you decide to buy or sell a property: they not only allow you to find out who the original owner of the property was, but also to check whether or not the property has been damaged.

In fact, all transfers of ownership of a property are transcribed at the Conservatoria. Moreover, the Conservatoria is constantly updated on any transaction or act relating to real rights (sales, mortgages, foreclosures, etc.).

Consequently, in order to check who owns a property, whether the ownership changes are regular, or whether there are mortgages and/or foreclosures on the property, it is essential to carry out a property title search, thus accessing the database of the conservatory.

In this way, you will obtain a document containing data from the registers of the Conservatoria, from which you will be able to deduce the real estate properties of a subject (natural person or legal entity) as well as any encumbrances on each of them (such as mortgages resulting from a loan or from an injunction and foreclosures).

What is the purpose of a visura ipotecaria?

A visura ipotecaria can give you a complete picture of the actual legal status of a property, which is essential for a successful sale.

If you have decided to sell or buy a property, it is in your interest to be aware of this.

In addition, the visura ipotecaria provides other very important information too: if, for example, several heirs own the same property, the view will also indicate the individual ownership shares of each, the municipality to which the property belongs and the cadastral description of the property.

In addition, the visura ipotecaria makes it possible to trace the details of the deed concerning a specific property, as well as its transcription note in the register.

By accessing this document you can also view the complete deed paper.

Finally, through this document, you, who have decided to purchase that prestigious property, will be able to know the actual assets of the seller.
Why is it important to know this information?

Think of the creditor who wants to take action against the debtor (who in this case is the selling party of the property you want to buy), in order to obtain the forced execution of what is owed to him, wishing to mortgage his property, which may include the property you want so much!

How can a visura ipotecaria be carried out?

  • By subject. In this way, you will be able to find out all the deeds concluded and their encumbrances by a specific person, whether natural or legal. You will need to know the name, surname, date, province, and the municipality of birth of the person whose property you are talking about, or simply their tax code (company name, province, municipality, and tax code if a legal entity).
  • By property. However, in this case, you will need information on the municipality, land or urban cadastre, urban section if present, sheet of the land, parcel.
  • By mortgage note. This method may be requested in order to obtain more details on a specific deed registered at the relevant registry. In this case, it is necessary to know the details given in the summary list (number of formalities and year).

If you think about all the information I have provided so far, you will understand that, whether you are buying a prestigious property or selling your magnificent property, you will need a visura ipotecaria certificate. How do you get one?

Well, you should go to the Agenzia Delle Entrate Office where the Conservatoria office is located, and fill in the appropriate form in order to ask for what you want (accompanying your request with the payment of the fees – revenue stamp).

But…if you don’t want to waste any of your precious time…don’t worry and…leave it to Great Estate!

For each of the properties offered for sale, the Great Estate Group requires the preparation of a prior Due Diligence:

a document through which all the checks on the property are carried out (town planning, hypo-cadastral and fiscal situation), which are indispensable for identifying any problems that could subsequently compromise the success of the negotiations (for more information click here).

For you who have decided to sell your property, Great Estate can provide you with a trusted professional who will take care of the preparation of this important documentation, which also contains the visure ipo-catastali (with a copy of the title of origin and any subsequent deeds of financing/constraints), the production of which is specifically taken care of by a professional within our group.

For you that have decided to buy one of our magnificent real estate proposals, Great Estate carries out obligatorily on the same ones all the verifications pre-acquisition (urbanistic, hypo-cadastral, and fiscal) contained inside the preventive Due Diligence required to the seller, in order to certify and to assure you the saleability of the real estate.

Trust the professionals of Great Estate to help you buy or sell your property with confidence! For more information contact our head office or your trusted advisor.

Tel: +39 0578 59050 – Cell: +39 351 1667107 – e-mail: info@greatestate.it 

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Marianna Gaiotto

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