The opposability to third parties
How to make the transfer and transfer ownership of a house, a land, an apartment, a car, a bike, a good value as a painting, a jewel how to make the transfer of a userWhen you use the term ownership refers to an act that transfers the ownership of an asset from one person (the assignor) to another (the assignee), is that it depends on an act for consideration (sale) or free (donation). When, instead, to be transferred is not a physical asset, but a service, as a user, you use more properly, the term “transfer”, even if the substance does not change: the transfer, in fact, implies the passage of title, from one person to another, all of the rights arising from the contract. Since it is not possible to establish, therefore, a uniform rule for all cases, we should proceed to an analysis for each individual hypothesis. The transfer of ownership of a property (a house, an apartment, a land, a villa, a timeshare, etc.) is, usually, very not easy because the task of carrying out the practices “bureaucratic” falls onto the notary. In fact, not you can transfer ownership of a property without a public deed drawn up by a public official which, precisely, is the notary. All that the interested parties must do, in addition of course to specify the reason for which is the transfer of property (sale or donation), you appoint a trusted notary to make the so-called “deed”. It is, in particular, of the drafting of the contract and its subsequent transcription in the public registers of real estate, the transcript that it is, in fact, to the trader. In this way, the notary presents the request for transfer to the Revenue Agency. Therefore the parts do not have to worry about any performance. To this end, the parties will provide to the trader, in addition to its own data and those of the property, even the so-called “act of origin”, i.e. the title under which the transferor shall become the owner of the property in question. Together with the title of the source is good to provide the administrative documentation of the property as: a copy of the cadastral plan urban planning documentation (building permit for the construction until, the building permits for those until the thirtieth day of June, the building permit for the subsequent ones) a copy of any application for remission of the energy performance certificate (EPA) regulation of condominium (if the property is part of a building organized in a condominium) a declaration of the administrator's regular payment of the monthly charges. With the formalization of the transfer of ownership also in the public registers of immovable property (performance done as told, by the public notary), the formalization of the transfer of ownership of the asset in respect of the third party. So the new owner will have the right, even against any other subject that accampi claims to the transcripts next to his.
The new user must pay a fixed contribution
In practice, between the two litigants who have both purchased the property from the previous owner, wins who has first transcribed in the registers his purchase.
That is why it is always good to write down in the shortest possible time the change of ownership. The verifications of the notary The notary must also verify, before the deed, that there are no obstacles to the transfer of the property (by, for example, the findings about the beneficial ownership of the asset by the transferor, the absence of weights, such as mortgages, etc): this obligation is among those that are his with the mandate, unless the parties have expressly exempted from these requirements. The real rights of minors The same rules up to now have seen also apply to the so-called real rights of enjoyment as an easement, usufruct, right of habitation, of surface, of use. Different are the rules when the transfer of property should occur as a result of the opening of the succession and, therefore, the transfer of the ownership of the property in the hands of an heir. These is required to make the declaration of succession, within twelve months from the opening of the inheritance and, in the following thirty days, to submit the question of perfecting land relatively to the properties included in the declaration. The application for transfer may be submitted by any of the heirs, even if normally you delegate a surveyor, an architect or an agency responsible for such practices. In addition to perfecting land of the heirs shall make, within sixty days from the filing of the declaration of succession, and the transcription in the land register of the certificate of inheritance is required only for tax purposes, and not to complete the transfer of ownership).
Cheaper but less easy is the transfer of ownership of movable property registered as a car, a motorcycle, a moped, a boat, etc, In these cases, you can turn to, or to a public notary (the system is definitely less economical, but which prevents the parties to autonomously carry out the tasks required, or to an agency of a car practices, or to an office in the ACI.
Alternatively, the parties may carry out by himself all the steps, going first in Common and by authenticating the signature on the certificate of ownership (with the computerization of this document, the signature of the seller will be affixed only on digital support), and then (the activity this last edited by the buyer) by going to the PRA within the following sixty days and asked for the transcript of the change of ownership. Of course, the transfer of ownership of a movable property is much more easy and economic to those just seen. In fact, in this case, all you can do: Often, in the case of a sale, you tend to formalize everything with a private agreement, i.e. a contract of sale which will draw up and sign the same parties without the need of the assistance of a lawyer or other professional. It remains understood that the more high the value of the asset the better it will be secure with a written document, which serve also as a receipt of the payment of the price. The contract must not be published or transcribed, as this disclosure applies only to real property or moveable assets enrolled in public registers (car, motorbike, etc). In the case of donation, instead, the written form before the notary only serves the purpose of the assets of “significant value”, in relation to the holdings of the donor and of the donee (usually for goods of several thousand euros, as a painting, a precious jewel, a carpet of value, a trove of archaeological and historical, etc). Otherwise, also in this case, the passage of property can be made with a verbal declaration, or directly with the material delivery of the good. For the utilities of electricity, telephone and gas, the new owner must communicate the change to the company that gives the service that will register the contract at the end of the transferee.
Normally, everything is done with a simple request via fax or registered letter.
Think of the case of the tenant that it intends to make to themselves the contract of gas, previously in the name of the master of the house. You may also be asked for a security deposit. You have to keep distinct from perfecting the takeover, which, instead, occurs when a new user wants to re-enable a supply of letterhead, above, for another user, but then stopped.
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