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The Land Registry - Land registry system in the Trentino Alto Adige Region

The Land Registry - Land registry system in the Trentino Alto Adige Region


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Introductory notes on the Cadastre and Land Book (or Tavolare)

On October 13, 1932 the Ministry of Finance, with an administrative circular (n. 9016, signed by the then Director General of the Land Registry and of the SS.TT.EE., Grandi) verbally arranged:
Since the Istituto del Libro Fondiario (Land Register) exists in the Redente Lands, which does not exist in the other provinces of the Kingdom and since the Cadastre is closely connected to it and even forms a necessary complement to it, the conservation of the cadastre in the Terre Redente must be done by following the the ex-Austrian legislation, that is on the basis of the BLI Law of 23 May 1883 n. 83, and the Ministerial Order of 11 June 1883, B.L.I. 91.
This circular represents the first official recognition of the existence and operation in the national territory of a completely different cadastral system, indeed extraneous to the legislation provided for by the Law on land equalization 1 March 1886, n. 3682, which ordered the formation of the New Land Cadastre (N.C.T.), and consequently to the entire transcription system in force in the rest of Italy, through the offices of the real estate registers.
In truth already in 1923, with the R.D. January 11, 1923, no. 148, the provisions on direct income taxes in the so-called Old Provinces had been extended to the territories annexed to the Kingdom of Italy after the end of the First World War, including the provisions governing the facilitations or exemptions from said taxes.
Since then, no legislative act was issued in this regard, thus renouncing the NCT legislation to be applied also in the Redeemed Lands, and therefore implicitly recognizing the evident superiority of the advertising system of the Land Register, in which the registered rights reach the value of proof of their ownership, with respect to the transcription system, which, as is known, cannot offer third parties any certainty of the actual legal situation.
In the course of the cadastral conservation, and with reference to the territory of the Trentino-Alto Adige Region, the ex-Austrian legislation has therefore continued to be applied. However, it is necessary to clarify that some of the subsequent provisions issued by the State regarding land cadastre were and are however partially applied also in the mentioned regional territory, except in cases where these provisions conflict with the fundamental ex-Austrian cadastral law.
As regards the tax on buildings, the legislative rules on the formation and conservation of the urban land registry were extended to the territories annexed by the R.D. May 22, 1924, no. 825, for which the current provisions on N.C.E.U. evidently apply to the whole territory of the Republic, including therefore the provinces already belonging to the ceased Habsburg monarchy.
With art. 1 of the Presidential Decree July 31, 1978, n. 569, the state administrative functions on land and urban land registry, within the Trentino-Alto Adige Region, were delegated by the State to the Region (exercised since 1 September 1980 by the Autonomous Region of Trentino-Alto Adige), which already had primary legislative competence and administrative competence in the matter of planting and keeping the Land Registry, based on the new statute of autonomy.

The ex-Austrian Land Registry

The historical and technical origins of the ex-Austrian Land Registry can be found in the Milanese Censo, dating back to 1718 and activated by Maria Teresa of Austria in 1759, with which the graphic representation of the property was wanted.
The Austrian Land Registry, as it has come down to us, was subsequently ordered by Francis I of Austria with the Sovereign License of 23 December 1817, in order to equalize the land tax. The works, which began a few years before that date, were completed in different eras: in particular, the surveys took place between 1818 and 1828 in Friuli-Venezia Giulia, while they were carried out from 1851 to 1861 in the Länder del Vorarlberg , Tyrol and Trentino, part of which corresponds to the territory of the current Trentino-Alto Adige Region.
Completed in 1861 the surveys of formation of the cadastre, with the Law 24 May 1869, B.L.I. 88, the criterion of the stable cadastre was abandoned, and the revision of the land classification was decreed every 15 years, regulating the procedures for the determination of the destimo tariffs, based on the net taxable income, and establishing the qualities of crops and the classes of goodness .
With the Law of 25 July 1871, B.L.I. 95, a general regulation was introduced on the Landed Books (the plant of which was delegated to the individual provinces of the Austro-Hungarian Empire), subsequently integrated by the Ministerial Ordinance of 12 January 1872, B.L.I. 5, containing instructions for the execution of the law itself.
With the aforementioned Law of 23 May 1883, B.L.I. 83, and the relative regulation, the Ministerial Order of 11 June 1883, B.L.I. 91, the provisions on the keeping in evidence (conservation) of the cadastre of the land tax were dictated, while establishing the rules for the concordance of the Cadastre with the Land Register, a principle reaffirmed with the Ministerial Ordinance 6 January 1899, n. 31410 ex-1898.
With the provincial law of Tyrol March 17, 1897, B.L.P. 9, the planting of land books was arranged in the princely county of Tyrol, and with the Ministerial Order of 10 April 1898, B.L.P. 9, the implementing rules were issued. And finally, with the R.D. November 4, 1928, no. 2325, the land books were kept in force, while with R.D. March 28, 1929, no. 499, a new text of the general law on landed books was issued.
The Land Registry is still in force in the following territories: the entire provinces of Trieste, Gorizia, Trento and Bolzano, two municipalities in the district of Salò in the province of Brescia; some municipalities of the distressed districts of Cervignano del Friuli, Palmanosa and Pontebba, in the Province of Udine, two municipalities of the dismissed district of Asiago, in the Province of Vicenza; while it is no longer in force in the municipalities of Cortina dAmpezzo, Colle S.Lucia and Livinallongo del Col di Lana, in the Province of Belluno, where the N.C.T.
It is necessary to specify that this cadastre - sometimes improperly called probatory cadastre - is not in itself evidentiary, as is commonly believed. Instead, it is simply connected with the Institute of the Land Register (Table), which has full legal effect.
As is known, the cadastre in force in Italy is not evidentiary. Both in the inscriptions of the real rights (headings) and in the topographical representation of the registered assets (map), it has in fact only presumptive and circumstantial efficacy, as it is formed mainly on the basis of the ascertainment of the factual possession, which may also not correspond to the state of right. It is true that, during the conservation of the NCT, the changes in the heading are carried out on the basis of public, judicial or private deeds (for passages between living persons) or successions, for transfers due to death, but there are also cases in which the changes are made on the basis of factual possession, with a reserve annotation and without prejudice to any reason or right, which leads to a lack of correspondence between the cadastral results and the actual legal situation. It should also be noted that the lack of correspondence of the land registry with the legal situation is inevitable in the moment immediately following the change in the legal situation, given that the purchase of rights takes place at the time of the signing of the translation deeds, regardless of their transcription in the property registers and their subsequent registration in the cadastral documents. And finally, we know how lart. 950 of the Civil Code (Note 1) gives value to the cadastral map only in the absence of any other element of judgment.
On the contrary, in the territories where the ex-Austrian Land Cadastre is in force, real rights are constituted and transferred only by means of their registration in the land register by means of the operation called intavolazione, following the content of the contracts, for live acts, and the decree of recognition of the quality of heir issued by a judge for voluntary jurisdiction, for passages due to death. Therefore, the rules on the transcription of deeds, with regard to mortgage taxes, as provided for by art. 6 of the R.D 20 June 1929, n. 1032.
The ex-Austrian Land Registry then records the inscriptions of the Land Register in its documents and provides the necessary checks for the topographical representation of the land and rural and urban buildings, without however independently affecting the real rights registered and their consistency, if not internally of a single table body (i.e. within the same property) and in compliance with any aggravations; it also carries out checks relating to changes in the destination and income of the land.
The topographical representation of the land and buildings (map) serves as a basis for the Land Registry to identify the object of the rights registered in it, without for this reason the maps have legal value, since the aforementioned provision of art. 950 of the Civil Code.
The ex-Austrian Land Registry can therefore be defined as an inventory of real estate with a geometric-particle system, with an estimate for quality, classes and tariffs, which definitively records the changes in ownership or surface rights reported in the land register and the changes in the status and income of land ascertained with an inspection, albeit within the limits mentioned above.

The Land Book or Table

Origins, development and ordering of the table system
Generally it is believed that the land register system is in force only in the countries that constituted the ceased Austro-Hungarian monarchy; but instead land laws derived from the principles of Germanic law are present - albeit in different forms - not only in Germany and Switzerland, but also in Poland, Finland, Russia, Sweden and, in the Latin countries, in Spain and Portugal. In addition, table systems were introduced in the former Italian colonies of Eritrea, Libya and Rhodes. And most recently in Australia and Tunisia.
In the territories occupied by populations of Germanic origin, the need to ascertain the changes in real estate property with irrefutable means had given rise, even in relatively remote times, to public institutions aimed at attributing a character of truth to the manifestations of the parties.
But the direct historical origin of the Land Registry can be ascended to the system of the tabulae terrae or Landtafeln (from which the table system took its name), put in place in Bohemia and consisting of public business registers concluded in real estate matters. Acts of purchase, modification, transfer and extinction of real rights had to be entered in these registers, with the effect of making public faith in front of anyone, since the registration took place only after the availability of the fund and its validity were proved, also substantially, of the purchase order.
Enrollment in these public books, initially considered only as evidence, as time progressed, became an essential requirement for the purchase or transfer of real law. this system gradually extended to other territories of the Austrian monarchy.
The discipline of the land register system was later codified with the general law on land register of July 25, 1871, B.L.I. 95, and with relative regulation (O.M. 12 January 1872, B.L.I. 95), while as regards Tyrol (comprising the current Trentino-Alto Adige Region), the table system followed on the basis of Law 17 March 1897, B.L.P. 9, and related implementation rules.
The legislation referred to in the Law of 25 July 1871, B.L.I. 95, which remained in force until 1 July 1929, ceased as is known with the advent of the R.D. 499, and the annexed New Text of the General Law on landed books (which incorporated the spirit and doctrine underlying the provisions of the aforementioned Austrian law, providing an autonomous formulation of the same).
To conclude, further changes to the general law on landed books were made by Laws of 4 December 1956, n. 1376, and 29 October 1974, n. 594, and again by the Law of 8 August 1977, n. 574, for coordination with Law 19 May 1975, n. 151, on the new family law.
From the time of the annexation to Italy, special Land Offices, dependent on the Ministry of Grace and Justice and directed by a magistrate, located at the District Magistrates' Head, provided the holding of the Land or Land Register in the former Austrian Provinces.
Over the course of time, however, the functions relating to the planting and keeping of the landed books in the territories in question were entrusted to the respective Regions to which they belong. In the Trentino-Alto Adige Region the Office of the Land Registry, which is based in Trento, is directly dependent on the Regional Government, and is managed by the Manager of the Division of the Land Registry and the Land Registry, which is responsible for the administrative management of all the Offices land register and cadastral records of the Region. Each land register office, established in the courts, is responsible for keeping and keeping the registers and documents that make up the Land Register, in accordance with the decisions (land register decrees) of the Judicial Authority. Since the Office of the Land Registry is an administrative body distinct from the judicial one, the judicial functions on land transactions remain unchanged, established by art. 75 of the General Law on landed books.
Legal contents of the table system
The so-called Austrian table advertising system, maintained in force as already mentioned in the new provinces with the R.D. 2325, clearly differs from the Latin advertising system. It is set on the real criterion (referring to the assets) and therefore does not follow the personal criterion (referring to the people) of the transcription governed by our Civil Code of 1942. That is, there are indicated directly the real estate assets, with the description of all rights above them due to individual people.
This system constitutes a real marital status of immovable property since in the relevant land registers all the events of circulation of the real estate are shown: this is therefore - and not the ex-Austrian Land Registry - what can be defined as the land registry system probative.
The table system rests on three principles, of undisputed validity, such as to make it extremely safe and unassailable: the principles of registration, legality and public faith.
For the first (principle of registration), property rights and other real rights on real estate are not acquired by deed between living persons except by registration in the land register. Likewise, the modification or extinction, by deed between living persons, of these rights without the relative registration or cancellation (article 2 of the Royal Decree 499/1929 which refers in particular to paragraphs 321 and 441 of the Austrian Civil Code) have no effect. This means that the transfer, based on a legally valid title, is a constitutive element of the translation act, and therefore a prerequisite of effectiveness, also between the parties, of the transfer or of the constitution of the real law. Therefore, the provisions of art. 1376 of the Civil Code (Note 2), for which the legitimately expressed consent of the parties has real effect. According to the tabular system, that is, act constitutes the title for the purchase of the real right, and registration is the way of purchase; therefore, without registration, the consent in the stipulation of the contract expressed by the parties is only mandatory. Enrollment has probative effect, that is, to prove the related right, being an essential condition for the purchase of the right.
For the second principle (principle of legality) no registration can take place if it is not ordered by decree of the court judge, after checking by the same, of the title on the basis of which the registration is requested.
For the third principle (principle of public faith), registration is valid in favor of third parties (with a legitimate and current interest) who rely on it. What is not registered in the land register is therefore ineffective against bona fide third parties (negative function) and what, on the contrary, is registered, is protected against anyone in favor of third parties in good faith (positive function). Ultimately, table advertising does not only constitute a system of evidence of real estate rights, but above all a security system for third-party purchasers of these rights on the faith of the land register.
Finally, as regards the registration in the land register of real estate rights purchased by way of inheritance or legacy, it is necessary to present the certificate of inheritance or legacy, issued by the competent judicial authority, to the land judge.
To conclude the discussion on the legal contents of the advertising system of the Land Registry, it is still to be noted that, while on the one hand the legitimate property on the real estate is purchased only with the consent, on the other hand the law does not deny the existence of a natural property in contrast land ownership, i.e. of a material possession of the property outside the registration, and indeed this prolonged de facto possession (for the period and under the conditions of the law) allows the fulfillment of the success, which therefore becomes another way of purchasing the property. However, for the purpose of evidentiary advertising and legal certainty of the real estate positions, the purchase by usucapione must be entered into, following a final judgment that validates the right and serves as a title for the registration itself.
Land Register: registers, deeds and documents
The name of the Land Registry generally defines that complex of registers, deeds and documents, which collects and reports all the properties of a specific cadastral municipality, with their legal position and with the changes in fact and in law that have occurred in the time.
Pursuant to art. 1 of the Land Law, the Land Register is made up of the master book and a collection of documents which, although an integral part of it, has a purely complementary function to the book itself. There are also the royal register, the owners register (now replaced by a register), the creditors register and the land register.
The master book is made up of a series of volumes that collect the table games and is divided into two sections, marked with Roman numerals. The first includes the items that refer to agricultural units called closed farms (but exists only within the province of Bolzano) while the second concerns all the other properties.
In fact, it should be noted that the legal status of the closed farm, repealed during the legislative unification, was restored for the territory of the said province of Bolzano with Provincial Law of 29 March 1954, no. 1, and related T.U. approved with D.P.G.P 7 February 1962, n. 8, and is governed by a system based on the obligation of absolute indivisibility of the company unit and on the assumption by a single heir of the management of the farm itself, without there being therefore the free economic and legal availability.
The land lot includes a certain number of sheets, intended to receive the entries that refer to a specific complex (land body) of real estate belonging to the same person or to several people, for undivided shares.
Each table game is in turn divided into three parts (called sheets) marked with the letters A, B and C.
Sheet A (consistency sheet) is divided into two sections, with the letters A / 1 and A / 2. Sheet A / 1 contains the elements used to identify the properties, in particular the registration of the land lot (lot number, cadastral municipality, etc.) and the indication of the individual properties that make up the land body (number of land parcels, both building and land, with the respective destination or crop quality). Sheet A / 2 shows the justification of the inscriptions and variations made in the first section, and highlights the active real rights associated with the individual particles of the body.
Sheet B (property sheet) records the property rights on the land register, as well as any limitations on the exercise of these rights (prohibitions, bankruptcy, etc.).
Sheet C (sheet of aggravations) shows the inscription of the real rights that burden the body (passive easements, usufruct rights, real charges, mortgages, etc.).
And to underline that in the land register system there is not that division of advertising that is found in the transcription system, where the register of mortgage registrations is distinct from the register of transcriptions.
The collection of documents includes the collection (in authentic copy) of all the documents from which the inscriptions in the master book are derived. They are inserted in chronological order, by means of the number and date of the logbook relating to each individual entry.
The royal register reports, in numerical order, the building and land parcels, with the indication of the respective surface and crop, and of the table lot in which they are included.
The owners' file lists, in alphabetical order, the names of the owners, with the indication of the respective table lots.
There are still the register, now the register of creditors (provided for the holders of the mortgage rights, today mainly used to indicate the real rights of enjoyment) and, of great importance, the land register, in which they are noted, in strict chronological order of presentation, the applications for registration plates, thus determining the degree of subsequent registration in the master book.
A copy of the cadastral maps is also deposited in the Land Register, which have no probative value, but are used to allow the identification and lubrication of each individual property.

The functioning of the land registry system in the Trentino Alto Adige Region

The ex-Austrian Land Cadastre is called upon to perform technical-fiscal tasks, with regard to the geometric and esthetic survey and the particle identification of the real estate, while the Land Register in turn pursues exclusively civil purposes, with regard to the establishment, modification and extinction of the various real rights to which cadastral entities are subject.
As regards the Cadastre, all changes in the persons of the owners of a property, whether by deed between living persons or by succession or by judicial act, are entered in the cadastral operations only following a land register decree, issued pursuant to art. 95 and 102 of the General Law on L.F. and notified to the Land Registry pursuant to art. 123 of the same law.
In case of transfer of not whole land or building particles, but only a part of their surface, we proceed - in analogy with the N.C.T. - the compilation of the necessary type of division, to be presented to the Land Registry office for the prior declaration of conformity with the current provisions and therefore to be attached to the translation, to form an integral part of it. It should also be noted that in the cadastral-land register system, the milk that gives rise to the transfer cannot be formed on the basis of a type of division without the related cadastral visa.
Once the land register decree is received, the Land Registry carries out the relative transfer, which simply has the function of updating the cadastral deeds, to modify or move the incidence of the respective land tax from one subject to another.
The transfer request, relating to the real estate located in the regional territory, must not be produced by the Land Registry by those who are required to register the translation deed or to submit the succession report, while the corresponding request for tax return is instead presented to the Tavolare office. In the case of transfer by deed between living persons, the land application is then produced by the notarial notary, with proof of the registration for tax purposes, while in the case of succession the same is produced by the heirs after the hereditary judgment (which ends with the release of the relative certificate), together with the declaration of succession, to be completed on a special form provided by the Registry Offices.
The Conservator of the land register, after the examination and the relative proposals, transmits the said application for registration to the Land Judge, for the decision on what is in it and for the consequent issuance of the land register decree.
We have so far considered the cadastral-land register procedures concerning cadastral variations dependent exclusively on the transfers of rights on the properties, with or without types of splitting, contemplated in the requests for registration (following, that is, to legal shops between the parties or to successions, or ordered by a judgment or by another provision that has become final in force by the judicial authority).
Other cadastral mutations, independent of the previous ones, must however also be recorded in the cadastral and land register documents. These are in particular the changes in the state and estimates of the land, which are verified and carried out by the Land Registry, both on its own initiative and at the request of the interested parties.
In this regard and until 1969, the Land Registry offices carried out five-year reviews (illustrations) of the state of the land, to ascertain the configuration and surface variations of the particles (for the construction of public works, new buildings, etc.) and the variations relating to the quality of crops and their merit classes.
After the advent of Law 1 October 1969, n. 679, which art. 8, the owners are obliged to report the changes in the state of the land to the Land Registry as a result of the construction, as well as new provincial legislative provisions on expropriation for reasons of public utility, the Land Registry offices have no longer provided for the usual lustrations , operating in the countryside only revisions of crops, surveys of rural buildings, tests of the types of fractionation, and still checks of material errors and extraordinary checks of borders, and therefore leaving the initiative of the owners the introduction in the cadastral maps of new urban buildings and public bodies the map update concerning the works they have created, preparing regular types of fractionation for this purpose and causing the issuance of the relative land register decrees.
All the aforementioned changes ascertained by the office are then carried out by the Land Registry through a basic document called a notification sheet, which can be compared to the state of the changes of the N.C.T. This notification sheet serves both for the cadastral transfer and for the subsequent transmission to the Office of the Land Book of the changes in question, if of course they are of interest to the land register. In the latter case, the land register decree is always issued and notified to the Land Registry. However, it is necessary to keep in mind that all the configuration and surface variations of the particles, highlighted by a Land Registry notification sheet, must in any case always be limited to a table body (i.e. within the same property), certainly not being able to affect the rights real and on the burdens entered, in the absence of an adequate title.
As regards the cultivation qualities present in the ex-Austrian Land Registry, it is to be observed that the arboreal qualities are not adopted, as in the N.C.T., but the topsoil is taken into account with appropriate variations of the class of merit. The cultivation qualities in force (1988) are 8 (arable land, lawn, vegetable garden, vineyard, pasture, alpe, forest and swamp or pond), plus the equivalent lands.
Land register-land register
From the considerations set out so far on the reciprocal relations and obligations between the two Institutes of the Land Registry and the Land Registry, it is clear that the inscriptions shown in the respective deeds must however be fully consistent. This principle is clearly expressed in the Fundamental Land Registry Law of 23 May 1883, B.L.I. 83 (in paragraphs 11 and 40) and the related regulation, O.M.G. June 11, 1883, B.L.I. 91, and taken over by the O.M.G. January 6, 1899, no. 31410 ex 1898, with regard to the treatment of land registry.
In particular, the aforementioned par. 11 of the B.L.I. 83/1883 reads:
The Land Registry on the one hand and the Land Register carried out on the basis of the Land Registry on the other must always be in perfect agreement. For this purpose, all changes regarding the determination of the properties and their representation on the map must always be made both in the Land Registry and in the Land Register.
Relations between cadastral and land register offices and citizens
As regards the Land Cadastre, it is easy to say, since, except in the technical structure and conservation procedures, due to the different legal approach, there are in fact no substantial differences in use compared to the N.C.T.
The Land Registry Office provides information to the owner, the numbering, the cadastral area, the estimated data of the land and building parcels stacked to anyone who requests them, as well as their map configuration, any changes and related measurements, with the exclusion therefore other real and aggravated rights, which appear only in the Land Register.
The keys to access this information are the usual ones, namely the name of the owner or the parcel number, with obvious reference to the respective cadastral municipality. Se il numero della particella non si conosce, si può ricercarlo con lausilio della mappa. Lo stesso discorso vale per lutenza relativa al servizio del Catasto Edilizio Urbano, che viene conservato in conformità alle disposizioni vigenti in campo nazionale.
Più interessanti sono invece le considerazioni che andremo a fare, per quanto attiene alla fruizione delle informazioni tavolari.
Per accedervi, da parte di chiunque, è sufficiente conoscere anche in questo caso il nome del proprietario o il numero di particella con cui è contraddistinto il bene immobiliare che interessa (sempre riscontrabile daltronde ispezionando al riguardo la relativa mappa catastale in dotazione presso lUfficio Tavolare).
Partendo dal numero di particella linteressato, consultando il registro reale del rispettivo comune catastale, trova indicato nello stesso lestensione, il tipo di coltura, ecc. ed anche - ciò che più conta - il numero della partita tavolare nella quale la particella in oggetto è riportata.
Partendo invece dallo schedario dei proprietari, è ancora più facile risalire direttamente allindicazione della partita o delle partite tavolari in cui appare iscritta, quale proprietaria o comproprietaria, la Ditta che interessa.
Si noti ancora che questo schedario è organizzato a livello mandamentale (cioè uno schedario per ogni Ufficio tavolare), e quindi fornisce per ogni Ditta lindicazione simultanea di tutte le partite tavolari di cui è intestataria nel territorio dellufficio stesso, con ovvio riferimento al relativo comune catastale di appartenenza. Ciò consente notevoli ed evidenti vantaggi pratici nelle ricerche, se si pensa che i comuni catastali nella Regione Trentino-Alto Adige sono 689, mentre gli Uffici del libro fondiario sono soltanto 22.
Comunque vi si acceda, dallesame della rispettiva partita tavolare (libro maestro) si viene a conoscere se e quali diritti esistano a favore dei beni immobili che interessano, il nome del proprietario attuale e di quelli precedenti, ed ancora le eventuali limitazioni esistenti al libero esercizio del diritto di proprietà (quali servitù, ipoteche, fallimenti, sequestri, minore età, interdizione, ecc.: cioè in pratica tutti i particolari della situazione di fatto e di diritto relativa ai beni in oggetto.
Per concludere, si può affermare che la tenuta del libro fondiario a sistema reale consente di avere, senza alcuna perdita di tempo e senza incontrare alcuna difficoltà, la più completa e sicura visione delliter di fatto e giuridico seguito da un immobile, dal momento dellimpianto del libro fondiario e fino al momento presente.
Certificazioni che vengono rilasciate dagli Uffici del Catasto e Tavolare
Per quanto riguarda le certificazioni del Catasto fondiario, ben poche sono le differenze rispetto al N.C.T. In effetti vengono rilasciati gli stessi certificati, copie, estratti, ecc., salvo il certificato storico di partita, che viene praticamente sostituito dallestratto tavolare.
Anche le certificazioni del N.C.E.U. sono le medesime che vengono rilasciate nel contesto nazionale.
Per quanto attiene alle certificazioni che rilascia lUfficio Tavolare esse consistono semplicemente nellestratto tavolare (che può essere generale o particolare, per esteso, cioè con le iscrizioni tavolari riportate letteralmente, o sommario, con le iscrizioni riportate in succinto) ovvero nella copia autentica di qualsiasi documento intavolato.

Nota 1 - Codice Civile art. 950
Azione di regolamento dei confini. Quando il confine tra due fondi è incerto, ciascuno dei proprietari può chiedere che sia stabilito giudizialmente.
Ogni mezzo di prova è ammesso. In mancanza di altri elementi, il giudice si attiene al confine delineato dalle mappe catastali.

Nota 2 - Codice Civile art. 1376
Contratto con effetti reali. Nei contratti che hanno per oggetto il trasferimento della proprietà di una cosa determinata, la costituzione o il trasferimento di un diritto reale ovvero il trasferimento di un altro diritto, la proprietà o il diritto si trasmettono o si acquistano per effetto del consenso delle parti legittimamente manifestato.

da Il sistema Catasto-Tavolare nella Regione Trentino-Alto Adige Regione Autonoma Trentino-Alto Adige - Trento, marzo 1988


Video: Crown Land Registry Information System (May 2022).