A Family Home in Naples: Unsettled Estates and Defective Title

The problem: the home is ours, but not in the registers

In families that emigrated, it often happens that the home in Naples has stayed as it was when the grandparents died. Someone used it, someone paid the expenses, and nobody put the documents in order. After two or three generations the heirs are many and live in different countries. In Italy you cannot properly sell a property unless you can show that you own it.

How ownership is rebuilt

You start with the cadastral extract (visura catastale), which shows the current registered owner. Then you ask the property registers of the Italian Revenue Agency (Agenzia delle Entrate) for the deeds in the names of the various owners. You look for purchase deeds, wills and inheritance tax filings. If an estate was not settled or registered, there is a gap in the chain of owners. It can be fixed, but it takes time and documents from every branch of the family. To find out how and to which office to make the request, see the official website of the Agenzia delle Entrate.

Acceptance, renunciation and distant co-heirs

Being called to an inheritance does not mean having accepted it. But certain behavior, such as renting out the home, can be read as acceptance. Before touching any asset, check for debts and unpaid expenses. The co-heirs must be identified one by one, even those you have not heard from in years. If one cannot be found or does not want to cooperate, a lawsuit before the Court may be needed. Ask the lawyer which Court has jurisdiction in your case.

Adverse possession, loan for use and right of habitation

Someone who has lived in the home for many years without objection may have acquired ownership by adverse possession (usucapione). But proof is difficult and a court judgment is usually needed. A relative who has always lived there may have only a verbal permission to use it, and not be the owner. Each situation changes the possible routes: ask the lawyer before you act.

How to proceed from a distance

The matter can be followed from outside Italy. A power of attorney signed before a notary is usually needed. Foreign civil-status documents often have to be translated and legalized. For the updated rules, see the website of the Italian Ministry of Foreign Affairs. For inheritance taxes, see the website of the Agenzia delle Entrate. The firm does not handle the law or taxes of other countries.

A practical tip

Gather everything before writing to relatives: old letters, photos of deeds, utility bills, tax receipts. Often a single sheet of paper points to the right notary, date or file. Do not sign or collect anything until it is clear who the owners are.

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.

Three cousins who live in three different countries want to sell their grandfather’s apartment in Chiaia. The cadastral extract still shows the grandfather, who died many years ago, as the owner. Before looking for a buyer, they work out who today holds which share.

Frequently asked questions

Can I sell if no estate has been settled?

As a rule, no. First the missing estates are settled. Ask the notary before you sign.

Do I have to come to Naples?

Often not, thanks to the power of attorney and video calls.

Learn more: Legal guides from Studio Legale Fiorentino.

Original in Italian: Casa di famiglia a Napoli: successioni e titoli difettosi

Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. Sources: Agenzia delle Entrate (agenziaentrate.gov.it), Ministry of Foreign Affairs (esteri.it), given as references. It is not legal advice. The firm does not handle the law or taxes of other countries.