Trust or Trustee? Registering the title of real property in Italy

There have been several decisions in Italian courts on this issue, originating from requests made to the District Registrars that maintain records in the Land and Building Register (Conservatoria dei Registri Immobiliari)[1]. On the contrary, other Courts have ruled the trust has enough legal individuality to hold property[2], and therefore a house can be registered […]

Italian Real Estate: Can Americans buy property in Italy?

Is it possible to buy property in Italy without dual citizenship or without Italian residency? Although not all non-EU residents can acquire property in Italy, it is perfectly legal for Americans because of a reciprocity treaty between Italy and the United States. This agreement allows Italian citizens to buy property in America and vice-versa. Those […]

Adverse possession of jointly-owned properties by family members

All these questions were addressed in a recent ruling by the Supreme Court of Italy (Court of Cassation). The court reaffirmed that use of a property over a long period can add legitimacy to a claim of ownership. However, as will be seen in this case, adverse possession can’t be used to dispossess co-owners […]