Legal Title Check
Land-register checks, ownership verification and title consistency.
Legal KW PL: księga wieczysta
Executive Summary
- For Italy/Genova, legal title diligence must be run by a notary or qualified local professional; P1 notes are a workflow, not legal advice.
- Verify seller authority, cadastral consistency, mortgage/encumbrance status, condominium liabilities, and rental-use constraints before any non-refundable commitment.
- Catasto identifies cadastral data; it is not the same as a complete title-risk answer.
P1 Insight
P1 Insight. The title check is also an operating check. If ownership is clean but condominium rules block the intended rental model, the investment thesis still fails.
Italy title workflow
- Identify seller and authority to sell.
- Request prior deed (atto di provenienza), cadastral plan (planimetria catastale), cadastral records, APE, condominium rules, minutes, charge statements, and mortgage/encumbrance evidence.
- Ask a notary (notaio) to confirm document sufficiency and purchase-tax treatment.
- Check consistency: address, floor, unit boundaries, surfaces, seller, and any appurtenances.
- Confirm whether tourist rental registration and condominium rules support the P1 operating plan.
Questions for notary/broker/seller
- Are there mortgages, liens, easements, pre-emption rights, usufructs, leases, arrears, or pending disputes?
- Does the cadastral plan match the actual apartment layout?
- Are any works unpermitted or not regularized?
- Who pays approved extraordinary condominium works if completion occurs after closing?
- What taxes and fees apply for this buyer profile and use case?
Red flags
- Mismatch between cadastral plan and actual layout.
- Seller discourages independent notary review.
- Condominium arrears, pending litigation, or unclear extraordinary works allocation.
- Existing tenant/occupant status is unclear.
- Rental operation is assumed but not checked against AAUT/CITRA/CIN and condominium rules.
Sources
- Agenzia delle Entrate explains Italian home-purchase tax treatment such as prima-casa versus ordinary registration-tax treatment; P1 must confirm the exact case with the notary.
- Regione Liguria and Comune di Genova are the starting sources for tourist-use registration and city-tax obligations.