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- In Positano, Amalfi and Ravello many homes can be reached only on foot or across other people’s land.
- Before you buy, check the restrictions, whether the home matches its paperwork, and any easements (servitù, or rights of way).
- For tourist rentals, check the rules on the municipality’s website.
Before you buy
The Amalfi Coast is an area under strong landscape protection. Ask the municipality and the Soprintendenza (Ministry of Culture) what restrictions apply to the home. Have the notary check the title to the property and a technician check whether the home matches its paperwork: the land registry, the floor plan and the permits must correspond to what you see.
Access and easements
Stairs, paths and terraced land are often private. An easement (servitù) is the right to pass over, or use, part of someone else’s property. Ask yourself: does the home have guaranteed access? Does it cross other people’s land? Who pays for maintenance of the stairs and walls? Have these answers put in the deed, or at least checked by the notary, before you buy.
Tourist rentals
If you want to rent to tourists, get information first from the municipality, the Campania Region and the Italian Revenue Agency (Agenzia delle Entrate). The rules on notices, codes and taxes can change. Also check the condominium rules, if there are any. The firm does not handle the law or taxes of other countries.
The purchase contract
Before you sign the preliminary contract, have a lawyer or the notary read the text. Do not pay a significant deposit before checking the documents.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A foreign couple buys a home with a view above Positano. After the purchase they discover that the only path runs through a neighbor’s garden, and the neighbor disputes its use. The two should have checked the easement before signing.
Frequently asked questions
Is an access route used for years always my right?
Not always. It has to be verified with deeds and documents. Ask a lawyer.
Can I rent the home to tourists right after buying it?
It depends on the local rules. Check the municipality’s website first.
Learn more: Legal guides from Studio Legale Fiorentino.
The firm sees clients in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, by appointment, and remotely throughout Italy.
Original in Italian: Casa in Costiera Amalfitana: acquisto, affitti turistici e servitù
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. For updated details, see the official websites mentioned in the text. It is not legal advice. The firm does not handle the law or taxes of other countries.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.